Evidence — in plain language
information presented in court to help prove whether something happened or is true — including witness testimony, documents, photos, videos, and physical objects
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
information presented in court to help prove whether something happened or is true — including witness testimony, documents, photos, videos, and physical objects
- proof presented in court
- information used to show facts
- courtroom proof
- testimony and documents
What to watch for
- Non-lawyers often confuse 'evidence' with 'proof' — evidence is what you use to try to prove something, but it doesn't guarantee the fact is true. A plain-language translation should preserve this distinction.
- In contracts, 'evidence' often means 'proof of existence' rather than courtroom evidence. Translating 'evidence of debt' as 'court proof of debt' would be misleading — it just means documents showing the debt exists.
- Circumstantial evidence is often misunderstood as 'weak' evidence. In reality, it can be very powerful — the translation should not imply it's inferior to direct evidence.
- The word 'evidence' in legal documents is often used as a catch-all for different types. A plain-language version should specify what kind of evidence is being discussed when possible.
Evidence vs. Proof. Evidence is what you use to try to prove something is true, but having evidence doesn't automatically mean the fact is proven. A plain-language translation should make this distinction clear — especially when the strength or sufficiency of evidence is being discussed.
Contract vs. Courtroom Meaning. In contracts, "evidence" often simply means "documentation" or "proof of existence" rather than courtroom evidence. Phrases like "evidence of debt" or "evidence of insurance" refer to documents that show something exists, not testimony or exhibits in a trial.
What to Watch For.
- Type of evidence matters: When the document specifies direct vs. circumstantial evidence, the translation should reflect this difference.
- Sufficiency language: Phrases like "sufficient evidence" or "lack of evidence" should be translated to show whether there's enough proof, not just that proof exists.
- Burden of proof: When evidence is discussed in the context of who must prove what, the translation should clarify which party has the responsibility.
Legal definition
Information that is presented in court or legal proceedings to help determine whether something happened or is true. This includes things like what witnesses say, documents, photographs, videos, physical objects, and other materials that help judges and juries understand the facts of a case.
Meanings by context
contracts and commercial documents: Written proof that something exists, like a document showing you owe money or have insurance coverage.
direct evidence: Evidence that tells you directly what happened, like someone saying 'I saw the car run the red light.'
circumstantial evidence: Evidence that requires you to figure out what it means, like finding muddy footprints that suggest someone entered a building.
documentary evidence: Written or printed materials like contracts, letters, or emails that help prove what happened or was agreed to.
testimonial evidence: What people say in court or in sworn statements about what they saw or know.
Examples
Legal: The plaintiff presented sufficient evidence to rebut the foregoing presumption that the Indemnitee is entitled to relief.
Plain: The plaintiff showed enough proof to challenge the assumption that the person being protected shouldn't have to pay.
Legal: EVIDENCE OF DEBT
Plain: Documents showing money is owed
Legal: evidence that Borrower and each Guarantor is duly organized or formed, and is qualified to do business.
Plain: Documents proving the borrower and guarantors are legitimate businesses that can legally operate.
Where you'll see it
- court proceedings
- depositions
- discovery
- trial exhibits
- insurance claims
- contract disputes
Related terms
- testimony
- exhibit
- hearsay
- burden of proof
- admissible evidence
- circumstantial evidence
- direct evidence
Word details
- Pronunciation
- EV-i-dens
- Part of speech
- noun
- Origin
- Latin — from 'evidere' — to show clearly, to make evident
- Domains
- evidence law, litigation, criminal law, civil procedure
- Frequency
- very common
- Formality
- high
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