Você está na página 1de 25

Chapter VI


Before a lawyer accepts a case, he first asks his prospective client to give him all the evidences available. If there are witnesses, these must be examined. If there are documents, these must be submitted so that their authenticity and worth as evidence may be ascertained.

The work of research and investigation may require a month, two months, or even a year.

The arguer or debater outside the law courts after he has determined the proposition, has to exert the same painstaking effort. He has to consult the dictionary for the definitions of the terms used in the proposition. He has to read books written by recognized authorities on the question under discussion. He has to read newspapers, magazines, articles, and pamphlets for whatever information may be useful in establishing his case.

Definition of Research Research is thus the process of gathering from all available sources of information such facts, data, statistics, and inferences as are necessary to establish ones case and to overthrow the case of the opponent. A study of evidence, forma of arguments, and all fallacies is necessary to make the work of research effective.

Two methods of note-taking a) the card-system b) the note-book system

Accuracy in documentation The researcher must be very careful in copying quotations or extracts from his sources of information. He should give credit to whom credit is due. Accuracy in documentation, therefore, is the precision or correctness of noting the sources of information used in argumentation.

The researcher should for all available information facts, data, statistics, inferenceson both sides of the proposition.

Researcher should use libraries referring to published bibliographies and card indexes or consult their professors.

As soon as all available information has been gathered, the researcher should determine the quality of his materials and should organized.

Chapter VII


Evidence is best treated, analyzed, and studied in legal procedure. It is because the essential function of courts of law is to administer justiceto adjudicate controversies.

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

The student of argumentation and debate, much more the trial lawyer, must make a thorough study of the nature of evidence its inherent weakness and its points of strength.

The sources of evidence.

Persons called a witness Documents manuscripts or pieces of printed matter (deed of sale, marriage certificate, letter ) Things tangible objects presented to the senses of those who will judge.

The classes of evidence: 1) Direct evidence and indirect or circumstantial evidence Direct evidence is one from which the factum probandum follows without the necessity of inferring. Circumstancial evidence is one from which considered as an evidentiary fact, the fact to be established follows through the mediation of inference. In direct evidence, the fact to be proved follows immediately from the means of proving it. In circumstancial evidence, the fact to be proved is to be inferred from the means of proving it.

2) Real evidence and personal evidence real evidence is one the source of which is a thing. The word thing covers human beings whenever human beings are presented to the judge as tangible objects of observation or inspection.

3) Documentary evidence is one the source of which is a document. A document is an instrument on which are recorded by means of letter, figures, or marks, matters which may be used as evidence

4) Original evidence is one which has a probative force of its own. Unoriginal evidence also called derivative, transmitted, or secondhand is one that the witness declares, not from his own personal knowledge but from information given by another or other persons.

5) Preappointed evidence and casual evidence is one created or preserved in anticipation of an assertion or defense of a right. Examples of preappointed evidence are written contracts; such as, promissory notes, receipts, mortgages, deeds of sale. Casual evidence is one that is neither created nor preserved to enforce an obligation or to defend a right. It is entirely undersigned.

6) Positive evidence and negative evidence. Positive evidence is actual evidence. Negative evidence is the significant absence of evidence.

7) Expert evidence and ordinary evidence. Expert evidence is one that, in the interpretation of the fact in dispute, requires special training, knowledge, experience, and skill on the part of the witness. In law, it is called opinion evidence. Ordinary evidence is one that attests to the truth or falsity of a fact in dispute without the necessity of special training, knowledge, or skill.

8) Primary or best evidence and secondary evidence. Primary or best evidence is one which affords the best certainty of the fact in question. Thus, a deed or any other written instrument is primary evidence of its contents.

Secondary evidence is one which is inferior to primary evidence, and which upon its face shows that better evidence exists. A copy of a written instrument or the recollection of a witness as to its contents is secondary evidence.

To be continued.

Chapter VIII