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A complete guide to using the term ‘evidence’ | British Law

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Your complete guide to the term evidence

A complete guide to using the term ‘evidence’
This guide provides a detailed and comprehensive guide as to how to use the term
“evidence” properly.
The purpose of this guide is to guide you to native pro excellence in using this term by
describing the range of verbs and adjectives that may be used with the term and also to
present typical sentence patterns in which the term operates, in a clear-cut, user-friendly
manner of presentation, with the least possible grammar terms.
These sentence patterns enable the reader to create authentic and properly worded
sentences with the term, at native pro (US and UK attorneys, judges, etc.) level.
It is very useful for law students – when facing a task of writing a text involving this term
– to proactively take a look at all verbs, adjectives and complements in use with the term,
together with sentence patters, as used by native professionals (UK and US judges,
attorneys, etc.), and see all linguistic options available.
This guide covers everything law students need to know about this term linguistically, so
expand their linguistic competence, to facilitate completion of their essay writing, thereby
promoting their studies in law.
How expertise is presented
The terms are described in a user-friendly manner, with the minimum of grammar terms,
for maximum efficiency in learning, by overview tables, and by large number of sentence
patterns and sample sentences, like this:
person + provide + documentary + evidence + to verb1
Employers must be able to produce sufficient documentary evidence to substantiate
the attestation in the event of an investigation.
Just one reading and you already have a good understanding of how to use the particular
term at native pro level.
This guide is protected by international copyright laws. It may be freely distributed,
copied and printed for personal use or for educational purposes, subject to displaying this
copyright notice. No part of this guide may be included in any written material.
Copyright © Szabó László 2019-2020 You can contact the author via the options on
the last page of this guide.
Table of contents of this guide:
1 Introduction to evidencing 1
2 Description of the term ‘evidence’ (noun) 2
3 Admissibility and inadmissibility of evidence 7
3.1 Admissibility of evidence 8
3.2 Inadmissibility of evidence 9
4 Evidence and underlying facts communicated 11
4.1 High certainty 11
4.2 Reasonable certainty 14
5 Negation 16
6 Degrees of weight of evidence 16
6.1 The term ‘balance of probability’ 17
6.2 The term ‘preponderance of evidence’ 17
7 Description of the term ‘evidence’ (verb) 17
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
1
1 Introduction to evidencing
Evidence is defined as “that which tends to prove or disprove something; ground for belief; proof; something
that makes plain or clear; an indication or sign. In the legal context, evidence is commonly defined as data
presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses,
records, documents, or objects. Evidencing is the verb form meaning to make evident or clear; show clearly;
manifest.
In courtrooms around the country, evidence comes in four main different types, and includes (1) witness
testimony; (2) exhibits; (3) Stipulated facts to which the parties have agreed; and (4) Judicial Notice of facts that
are common knowledge. Other types of evidence include character evidence and impeachment evidence, which
in almost all cases, will fall under one of the before-listed four main types of evidence. All types of evidence can
either be direct, meaning that it directly proves a point, or circumstantial, which is evidence from which
inferences can be drawn to prove a point.
No matter the type of evidence, a basic question that arises in almost every case where evidence is contested is
whether or not the evidence is relevant. Generally, evidence is relevant under common law if it sheds light on a
contested matter, or if reasonable inferences can be drawn from the evidence regarding a fact at issue. In fact,
the Federal Rules of Evidence define relevancy as “evidence having any tendency to make the existence of any
fact that is of consequence to the determination of the action more probable or less probable that it would be
without the evidence.”
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
2
2 Description of the term evidence (noun)
Let us start with familiarizing ourselves with the term evidence in its noun form.
subject verb adjective term complement
court
entity
person
etc.
accept
adduce
admit
allow
bring forward
call
challenge
cite fact as
collect
come up with
conceal
consider
contradict
disprove
examine
exclude
furnish
find
file
gather
has
ignore
look for
offer person
present person with
produce
provide person with
rely on
review
search for
show person
suppress
take into account
uncover
use fact in
abundant
adequate
admissible
ample
appropriate
circumstantial
conflicting
contrary
conclusive
convincing
corroborated
cumulative
decisive
direct
documentary
extensive
factual
forensic
formal
immaterial
inadequate
inadmissible
incontrovertible
indirect
irrefutable
irrelevant
material
medical
positive,
objective
persuasive
prima facie
substantial
unequivocal
uncontested
uncorroborated
written
evidence against + entity
against + person
about + issue / item / person
concerning + issue / item / person
for + person
in support of + fact
linking + person + to crime
of + fact
of + event + having taken place
on + issue
on + what / how (etc.) + subject + verb
regarding + issue / item / person
relating to + issue / item / person
that + subject + verb
to + subject
to + verb1
person + have + evidence + that + subject + verb
The plaintiff has evidence that you accepted the amount of money.
person + use + fact + in evidence
…any oral statement which the government intends to use in evidence at the trial.
person + provide + documentary + evidence + to verb1
Employers must be able to produce sufficient documentary evidence to substantiate the attestation in the
event of an investigation.
person + provide + evidence + of fact
An individual who has been incapacitated due to a serious illness, injury, which could interfere with the
effective performance of assigned security job duties shall, prior to resumption of such duties, provide
medical evidence of recovery and ability to perform such security job duties.
person + furnish + evidence + of event
The contractor shall furnish credible evidence of coordination consultations having taken place.
person + rely + on evidence
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
3
A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of
service.
person + file + evidence
The claimant must file any written evidence on which he intends to rely when he files his claim form.
person + serve + copy of evidence + on person
If he does so, he must also serve a copy of his evidence on the other parties.
person + show + evidence + of fact
To prevail in a forcible detainer action, a plaintiff is required to show sufficient evidence of a superior
right to possession.
person + present + prima facie evidence + of status
They had presented prima facie evidence of ownership.
person + establish + by preponderance + of evidence + that + subject + verb
There shall be no liability for a person otherwise liable who can establish by a preponderance of the
evidence that the release or threat of release of a hazardous substance and the damages resulting
therefrom were caused solely by an act of God.
person + place + fact + in evidence
A plaintiff may place the defendant’s answers in evidence and remain entitled to argue…
person + make + objections + to document
The defendant made numerous objections to the evidence presented by plaintiff.
person + encounter + evidence + of wrong
Persons who encounter evidence of fraud, theft or misappropriation of corporate assets shall make a
timely disclosure of such evidence.
person + reserve + objection + to evidence
The defendant’s attorney purported to reserve his objections to such evidence.
person + provide + evidence + suggesting + that + subject + verb
He provided no evidence suggesting that any defendant forestalled him from making a written complaint.
person + have + burden + of establishing + by preponderance of the evidence + fact
If ratification of the marriage is raised as a defense, the surviving spouse has the burden of establishing, by
a preponderance of the evidence, the subsequent ratification by both spouses.
person + tender + evidence + to prove + fact
The parties were precluded from tendering evidence to prove the existence of a settlement between them.
person + present + evidence + in support + of fact
The plaintiff has had the opportunity to present his evidence in support of his position.
person + provide + evidence + of fact
The court may issue a judgment against you in your absence, provided that the plaintiff offers sufficient
evidence of the amount owing.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
4
person + produce + evidence + to support + claim + of title
The plaintiffs failed to produce evidence to support a claim of prescriptive title by adverse possession,
either for seven years under color of title, or for twenty years without color of title.
person + present + evidence + in support + of defense
The defendant has a constitutional right to raise a legally acceptable defense and to present evidence in
support of that defense.
person + give + evidence
person is allowed to give evidence
person + produce + evidence
The defendant then produced evidence and offered to prove by parol testimony that …
person + show + by preponderance of the evidence + that + subject + verb
The plaintiff showed, by preponderance of the evidence, that the defendant had misrepresented its
capacity to fulfill the contract.
person + make + objections + to action
It allows adversely affected parties to make timely objections to the use of such evidence.
person + produce + evidence + as to + why + subject + verb
He was ready, able and willing to produce evidence as to why his license should not be revoked.
person + is summoned + to give + evidence
The man was summoned as a witness to give evidence.
person + give + evidence
If it can be proven that a witness for the defense gave false evidence in a civil case.
person + prove + contempt of court + by evidence
A party may also prove civil contempt of court by means other than prima facie evidence under this
subsection.
person + make + objection + to use + of evidence
It allows adversely affected parties to make timely objections to the use of such evidence.
Police-focus
Key terms and patterns denoting evidence use from the perspective of police include:
subject verb term complement
officer
police
collect
conduct a search for
discover
garner
obtain
seize
evidence linking + person + to crime
of action
that + subject + verb
police + discover + evidence + linking + person + to crime
Officers also discovered evidence linking him to the drug activity.
police + search + location + for evidence + of crime
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
5
…search the premises for evidence of drug-trafficking.
search + result in + finding + evidence + of wrong
Officers shall have reasonable grounds for believing that the search will result in the finding of evidence
of illegal activity.
Court-focus
Key terms and patterns denoting evidence use from the perspective of courts include:
subject verb term complement
court
judge
admit
allow
disallow
disregard
enjoin the use of
exclude
hear
permit
reject
strike
supress
evidence of action
of wrong
that + subject + verb
court + admit + evidence
It is claimed that the court erred in admitting evidence offered by the plaintiff.
court + admit + evidence
Once the court makes a definitive ruling on the record admitting or excluding evidence, a party need not
renew an objection or offer of proof to preserve a claim of error for appeal.
court + permit + evidence
The court below erred in not permitting evidence to be offered to show that the judgments were
fraudulent.
court + allow + person + to give + fact + in evidence
It erred also in not allowing the defendant to give his title in evidence.
court + disallow + evidence
The trial court disallowed the evidence as hearsay.
court + exclude + evidence
The defendants may move the court to exclude evidence that the state obtained in violation of their
constitutional rights.
court + disregard + evidence + of wrong
The court disregarded evidence of speeding and passing in a no-passing zone
court + strike + evidence
If the trial judge has granted a motion to strike the evidence of the plaintiff…
court + make + findings + of facts + based + on evidence
Based on admissible evidence, the jury or the court makes findings of facts before rendering a decision.
court + make + findings of fact + from evidence
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
6
Fromtheevidence,thecourtmakesthefollowingfindingsoffact:(1)(name)wasthesoleowneroftheproperty
inquestionat alltimespertinentheretountil(date).
court + make + findings of fact + on evidence
…the court to enter judgment at any time that it can appropriately make a dispositive finding of fact on the
evidence.
court + allow + statement + to police + to be admitted + as evidence
The trial court erred in overruling his objection and allowing a portion of the pretrial statement to the
police to be admitted as evidence against defendant.
subject + verb + based + on evidence + of fact
The court affirmed a conviction for forgery based on evidence of a handwriting analysis.
subject + verb + on the evidence + of person
The plaintiff relied on the evidence of a chartered accountant who hypothesized two scenarios.
subject + verb + on the evidence + as to action
The plaintiff makes a motion for judgment on the evidence as to any affirmative counterclaim.
subject + verb + on the evidence + as to + whether + subject + verb
There is some dispute on the evidence as to whether the plaintiff came to a stop at the verge of the
roadway.
subject + verb + in the light of evidence + that + subject + verb
The finding of want of sufficiently close supervision must also be judged in the light of evidence that the
plaintiff was…
subject + verb + as evidence + that + subject + verb
The court admitted the document as evidence that the chairperson appointed a committee which
conducted an investigation into the matter.
subject + verb + in evidence + that + subject + verb
The judge did not use the testimony in evidence that the damage would continue and worsen if the
property were not converted.
Evidence-focus
Key terms and patterns in use with the term “evidence” include:
term verb
evidence agree with + fact
arise
bear out + that + subject + verb
come + to +light / to the fore
confirm + fact
conflict +with + fact
demonstrate + fact
emerge
establish + that + subject + verb
exist + to verb1
is against + fact
is supressed
point to + fact
show + fact
suggest + fact
support + fact
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
7
evidence + is served + on person
The claimant’s evidence must be served on the defendant with the claim form.
evidence + is + material
The evidence of contributory infringement cited by plaintiffs is not material.
evidence + is + obtained + by action
This evidence is established to have been obtained by torture.
evidence + support + jury’s determination + that + subject + verb
The evidence supports the jury’s determination that appellees acquired prescriptive title by adverse
possession.
evidence + is + supressed
Because the search of Defendant’s cellular telephone arose from the statements he made following the
incomplete Miranda warnings, the evidence obtained as a result must be suppressed.
evidence + is objected to + by person
This evidence was objected to by the plaintiff.
there + is + evidence + that + subject + verb
There is evidence that the plaintiff was qualified for the position.
there + is + evidence + to demonstrate + that + subject + verb
There was no evidence to demonstrate that the county had actual or constructive notice of the alleged
condition prior to the accident.
there + exist / is + evidence + that + subject + verb
There must exist written evidence that the parties understood that…
there + is + no evidence + that + subject + verb
There is no evidence that the company had any reasons for firing plaintiff other than as stated to him.
there + is + evidence + to warrant + finding + that + subject + verb
The board has preliminarily determined that there is sufficient evidence to warrant a finding that…
there + is + sufficient + evidence + that + subject + verb
Where there is sufficient evidence that the products covered by this agreement have been imported in
circumvention of this agreement…
there + is + proven + evidence + that + subject + verb
There is proven evidence that the defendant has been guilty of oppression.
3 Admissibility and inadmissibility of evidence
Evidence must be shown to be relevant before the court will allow it to be admitted for consideration by the
judge or jury. Admissible evidence is any document, testimony, or tangible evidence used in a court of law.
Evidence is typically introduced to a judge or a jury to prove a point or element in a case. In criminal law,
evidence is used to prove a defendant’s guilt beyond a reasonable doubt. In civil law, an element of a case is
weighed by the standard of preponderance of the evidence, which is a lower standard that “beyond a reasonable
doubt.” However, before evidence can even be used in a case, it must be considered “admissible.” Whether
evidence is admissible or not depends on several different factors that the court must analyze. Many different
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
8
items and statements are often excluded from evidence in a criminal trial because it is considered “inadmissible”
and/or “irrelevant.”
Additionally, simply because evidence is ‘relevant,’ does not necessarily mean that the evidence is admissible in a
court of law. There are many exceptions in the rules of evidence which may require the exclusion of relevant
evidence. The Constitution may require that relevant evidence be deemed inadmissible. For example, a
confession given without proper Miranda warnings is certainly relevant, but inadmissible to prove a crime for
Constitutional reasons. Relevant evidence may also be excluded or deemed inadmissible, based on legal privilege.
For example, statements by a client made to a paralegal while working as an agent of an attorney may be relevant
to a proceeding but are inadmissible because they are protected by the attorney/client privilege. If an item of
evidence is considered inadmissible, it means that it can’t be used in court during trial as evidence against the
accused. An example of this is where a witness statement is considered irrelevant because it doesn’t prove or
disprove any facts in the case. In that case, the statement can’t be entered into the record as evidence and won’t
be used against the defendant during trial.
3.1 Admissibility of evidence
Key terms and patterns in use denoting admissibility of evidence include:
evidence + is + relevant
If the court finds that the evidence is relevant, it shall enter an order stating that the evidence may be
admitted.
evidence + is + admissible
Except as otherwise provided by statute, all relevant evidence is admissible.
evidence + is + admissible + as to one person
When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or
for another purpose…
evidence + is admitted
If the court finds that the evidence is relevant, it shall enter an order stating that the evidence may be
admitted.
fact + is + admissible + as evidence + for person
The plaintiff’s answers to the defendant’s interrogatories are not admissible as evidence for the plaintiff.
action + is + admissible + in evidence + against person
The defendant’s failure to call witnesses shall not be admissible in evidence against him.
statement + is + admissible + in evidence + against person
Confession of a person imprisoned and in irons, under an accusation of having committed a capital
offence, are admissible in evidence against him, if
information + is admitted + as evidence + in action
Copies of census reports shall be immune from legal process, and shall not be admitted as evidence or
used for any purpose in any action, suit or other judicial or administrative proceeding.
instrument + is allowed + into evidence
The plaintiffs also contend that the contract about which the defendants testified should not have been
admitted into evidence.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
9
item + is admitted + into evidence
The results of a polygraph examination shall not be admitted into evidence in any criminal proceeding.
item + is + admissible + in evidence
The existence of bloodstains at or near a place where violence has been inflicted is relevant and admissible
in evidence
registration + is + admissible + in evidence
Any registration issued under the Act shall be admissible in evidence and shall be prima facie evidence of
the validity of the registered mark and of the registration of the mark.
3.2 Inadmissibility of evidence
Key terms and patterns in use denoting inadmissibility of evidence include:
evidence + is + inadmissible
Evidence on this question is inadmissible, argument thereon by prosecution or defense could serve no
useful purpose, is apt to be misleading, and is therefore improper.
evidence + is + inadmissible + in court
Evidence seized in violation of section 605 was inadmissible in a federal court.
evidence + is + inadmissible + at court
Evidence is inadmissible at court if it’s illegally collected.
statement + is + inadmissible + in evidence
He was denied his constitutional right to counsel and, accordingly, his confession was inadmissible in
evidence.
communication + is + inadmissible + as evidence + of admission of fact
The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of
benevolence relating to the pain, suffering, or death of a person and made to that person shall be
inadmissible as evidence of an admission of liability in a civil action.
item + is + inadmissible + in evidence
Intoxicating liquors seized under search warrant issued on affidavit made on information and belief is
inadmissible in evidence.
item + is + inadmissible + in evidence + in proceeding
The Act provides that communications intercepted in violation of the new chapter are inadmissible in
evidence in any federal or state criminal, civil or administrative proceeding.
action + render + statement + inadmissible + in evidence
Failure of the arresting officers to promptly carry appellant before a magistrate all of which appellant
contends rendered the confession inadmissible in evidence under the statute law of this state.
admissibility + is determined + by court + subject + to instrument
Admissibility of evidence shall be determined by the court, subject to the provisions of this subdivision.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
10
Fact-focus
5
Key terms and patterns linking evidence with underlying facts include:
fact + is supported + by evidence
Damages must be supported by evidence.
fact + is + unsupported + by evidence
…on the basis that it is unsupported by the evidence.
fact + is needed + in evidence
Witnesses should take a good description of the vehicle and offender in case it is needed in evidence.
fact + is + preclusion + for admission + of evidence
The presumptive minimum sanction shall be preclusion from admission at trial of any evidence not
disclosed at least 30 days prior to the deadline.
status + is + prima facie evidence + of wrong
In actions against railroads proof of injury inflicted by the running of trains should be prima facie
evidence of negligence by the railroad.
instrument + is + prima facie evidence + of event
Letters of administration granted upon his estate are not prima facie evidence of his death.
instrument + is + prima facie evidence + of fact
A comptroller’s deed for the nonpayment of a tax due the state is not a prima facie evidence of the facts
giving him the right to sell.
instrument + is + sufficient + evidence
A statement in writing by a personal representative that he has not given an assent or conveyance in respect
of a legal estate, shall be sufficient evidence…
action + is + evidence + of intention + to verb1
Debtor’s selective production is evidence of her intention to stymie plaintiffs from being able to proceed
in this litigation.
evidence + conduce + to prove + that + subject + verb
The evidence conduces to prove that the plaintiff was seriously injured.
defense + is supported + by evidence
When a defense is raised and supported by the law and the evidence, the jury should be instructed on the
matter.
statement + is invoked + as evidence
Each State party shall ensure that any statement which is established to have been made as a result of
torture shall not be invoked as evidence in any proceedings.
communication + is supported + by evidence
For these reasons, the court finds that the allegations are supported by substantial evidence.
application for remedy + is supported + by evidence
An application for an interim remedy must be supported by evidence.
finding of fact + is + supported + by evidence
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
11
Findings of fact by the National Labor Relations Board supported by evidence are conclusive.
finding + is + supported + by evidence
The deputy commissioner’s finding of suicide in this case was supported by evidence.
item + is produced + in evidence
Every person who, knowing that any book, paper, record, instrument in writing is about to be produced in
evidence upon any trial, willfully destroys or conceals the same, with intent thereby to prevent it from
being produced, is guilty of a misdemeanor.
communication + is used + in evidence + against person
Any statement he does make may be used in evidence against him.
4 Evidence and underlying facts communicated
This section provides a set of terms and patterns in use to communicate underlying facts in relation to evidence.
The degree of certainty as to the underlying facts in relation to evidence varies in each case. This section
provides some key terms and patterns denoting high and reasonable certainty in relation to relevant facts.
4.1 High certainty
Key terms and patterns denoting high certainty in communication in relation to evidence include:
The term “clear evidence” and “clear and convincing evidence”:
Pattern 1: subject + verb + by clear evidence
where + there + is + clear and convincing evidence, subject + verb
Where there is no clear and convincing evidence, the courts have refused to allow for the removal of the
life support treatment.
there + is + clear and convincing evidence + that + subject + verb
There is clear and convincing evidence that he committed the acts that are the subject of both
indictments.
subject + verb + by clear and convincing evidence
I found that he was deserving x years in prison, and he is likely to reoffend by clear and convincing
evidence.
subject + verb + by clear evidence
The litigants have proved their right to recover attorneys’ fees by clear evidence.
Pattern 2: it + is + adjective/verb3 + in evidence + that + subject + verb
it + is + apparent + from item + in evidence + that + subject + verb
It is apparent from the many photographs in evidence that if such a driveway could be constructed, it
could only be done at great cost.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
12
it + is + established + in evidence + that + subject + verb
It is established in evidence that the plaintiff is, in fact, the owner.
it + is + shown + in evidence + that + subject + verb
It is not shown in evidence that the reinstatement was made on written application.
it + is + in evidence + that + subject + verb
It is also in evidence that he had means to buy two Ford cars at different times.
Pattern 3: evidence + confirm + fact / that + subject + verb
evidence + confirm + that + subject + verb
Respondent failed to submit probative evidence confirming that she primarily resided with the record
tenant at the subject premises.
evidence + confirm + fact
The counsel failed to tender any evidence confirming the existence of any job offer.
Pattern 4: evidence + is + sufficient + to verb1
evidence + is + sufficient + to establish + infringement of copyright
Evidence of reproduction of a copyrighted work, by itself, shall not be sufficient to establish willful
infringement of a copyright.
evidence + is + sufficient + to convict + person
The court held that the evidence was sufficient to convict defendant where a reasonable jury could
conclude…
evidence + is + sufficient + to establish + cause + for action
The evidence was more than sufficient to establish just cause for the dismissal of the employee.
evidence + is + insufficient + to support + conviction
The defendant appealed, arguing the evidence was insufficient to support his murder conviction.
evidence + is + insufficient + to sustain + conviction
The defendant argued on appeal that the evidence was insufficient to sustan his convicion
evidence + support + conviction
The defendant challenged the sufficiency of evidence to support his convicion.
there + is + sufficient + evidence + to convict + person + of crime
The court also held that there was sufficient evidence to convict defendant of the crimes.
evidence + is + insufficient + to convict + person + on charge
The defendant appealed the trial court’s denial of his motion for a new trial, arguing the evidence was
insufficient to convict him on all charges.
evidence + is sufficient + to support + charge
The evidence was sufficient to support the charge.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
13
Pattern 5:
evidence + bear out / establish/demonstrate/point to/show/support + fact / that + subject + verb
evidence + bear out + that + subject + verb
We believe that the evidence will bear out that the defendant may very well not have been at the scene.
evidence + establish + that + subject + verb
The plaintiff must have other evidence to establish that the product caused the injury.
evidence + demonstrate + that + subject + verb
The evidence also demonstrates that the defendant’s property is a disorderly house.
evidence + show + that + subject + verb
The evidence showed that the county had constructive knowledge of the dangerous condition of the
bridge.
evidence + exist + to prove + that + subject + verb
No medical evidence exists to prove conclusively that the victim was murdered.
evidence + exist + to show + that + subject + verb
Not only does substantial evidence exist to show that the accident was caused by the defendant.
evidence + exist + to support + fact
We claim that a number of instances of evidence exist to support the court’s findings.
evidence + support + fact
The plaintiff does not allege, nor does the evidence support the fact that the sales contract between the
companies worked a fraud on creditors.
evidence + support + granting + of judgment
Sufficient evidence was offered to support the granting of a divorce to the plaintiff.
evidence + of fact + result in + subject + being verb3
Evidence of erasures or changes in either the dates, amounts shown in the invoice shall result in the
invoice being disallowed.
evidence + substantiate + reasons + for action
Firm evidence must be available to substantiate the reasons for refusal.
The term “proof/prove beyond reasonable doubt”
prosecution + prove + beyond reasonable doubt + fact
The government must prove beyond a reasonable doubt every element of a charged offense.
subject + verb + beyond reasonable doubt + that + subject + verb
Where witness testimonies provided proof beyond reasonable doubt that defendant had significant history
of dangerousness resulting in criminally violent…
court + find + beyond reasonable doubt + that + subject + verb
The juvenile court found beyond reasonable doubt that he had committed the charged crimes.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
14
subject + verb + to + reasonable satisfaction + of jury
Alibi as a defense must be established by the defendant to the reasonable satisfaction of the jury.
4.2 Reasonable certainty
Key terms and patterns denoting reasonable certainty in communication in relation to evidence include:
evidence + suggest + that + subject + verb
The trial court found no one presented any evidence suggesting that the vehicle had any illegal substances
in it.
evidence + suggest + that + subject + verb
Evidence often suggests that either suspect could have committed the offense.
evidence + suggest + fact
There is no evidence suggesting any previous difficulty between appellant and the deceased
evidence + render + it + likely + that + subject + verb
The evidence renders it more likely than not that the subsidiaries act as agents.
evidence + raise + possibility + that + subject + verb
The evidence raised a strong possibility that the promisee was guilty of fraud.
evidence + imply + subject + verb
Evidence that implies a person committed a crime.
evidence + subvert + conclusion + of fact
Finally, no other evidence that would otherwise subvert a conclusion of independence has been presented.
on evidence + subject + verb
On present evidence plaintiff did not have sufficient opportunity to avoid the accident.
subject + verb + to + reasonable satisfaction + of jury
If the defendant has established an alibi to your reasonable satisfaction, it would entitle him to an acquittal
in this case.
jury + is + reasonably satisfied + from evidence + that + subject + verb
If you are reasonably satisfied from the evidence that the plaintiff is entitled to recover you should award a
sum.
person + satisfy + court + that + subject + verb
If any party satisfies the court that evidence has been discovered since the hearing before the commission
that could not have been obtained for use at that.
person + is + satisfied + from evidence + that + subject + verb
I am satisfied from evidence that liability on the part of the company is excluded.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
15
evidence + raises + doubt + as to whether + subject + verb
If the evidence raises a reasonable doubt as to whether or not the witness is an accomplice of the
defendant, it is necessary for the state to corroborate such witness’ testimony.
evidence + raises + doubt + as to + guilt
The jury must consider whether the evidence raises a reasonable doubt as to the defendant’s guilt.
evidence + raises + issue + of fact
It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated
against the plaintiff.
evidence + raises + issues + of defense
If the evidence raises the issue of defense of self or others
evidence + raises + issue + as to + subject + verb
It will also be noted that the evidence raises no issue as to who killed deceased other than that raised by
the plea of not guilty.
evidence + raises + issue + that + subject + verb
Appellant contends that this evidence raises the issue that he was only guilty of the lesser offense.
evidence + raises + issue + of fact
This evidence raises genuine issues of material fact that render summary judgment inappropriate.
evidence + raises + suspicion + that + subject + verb
This combined evidence raises the suspicion that plaintiff was not guaranteed a position in California by
the Bank.
evidence + raises + suspicion + of person’s + guilt
Although the evidence raises a suspicion of defendants’ guilt, this is not enough.
evidence + raises + suspicion + as to + person’s guilt
We believe the evidence raises a strong suspicion as to defendant’s guilt.
evidence + raises + suspicion + of crime
We are of the opinion that the evidence raises a suspicion of conspiracy, but falls short of proving the
same beyond a reasonable doubt.
evidence + raises + presumption + of wrong
… unless the plaintiff’s own evidence raises the presumption of contributory negligence or assumption of
risk.
evidence + raises + inference + that + subject + verb
The evidence raises only an inference that the death was a result of the accident which was opposed by
evidence raising the opposite inference that it was a result of natural causes
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
16
5 Negation
Key terms and patterns in use in relation to the term evidence include:
evidence + is + insufficient + to establish + that + subject + verb
The evidence produced was insufficient to establish that the purport and intention of the parties were to
grant all right of distribution.
evidence + is + insufficient + to support + court decision
Said motion was granted by the trial court “on the ground that the evidence is insufficient to support
the verdict and judgment entered thereon.
evidence + is + insufficient + to demonstrate + that + subject + verb
They claim the evidence is insufficient to demonstrate termination was in his best interests.
evidence + is + insufficient + to prove + action
There was no probable cause to justify his arrest and (2) the evidence is insufficient to prove possession of
narcotics.
evidence + is + insufficient + to prove + that + subject + verb
The evidence is insufficient to prove that he sold the drug with the specific intent required.
there + is + no evidence + that + subject + verb
There is no evidence that the claimants are the heirs of the grantee.
6 Degrees of weight of evidence
There are several different burdens of proof which are applicable in litigation. The burden of proof or degree of
the weight of the evidence primarily depends on the type of case (civil, criminal, juvenile, etc).
In the civil context, a plaintiff will prevail if it demonstrates its claims and proffers evidence to satisfy the
“preponderance of the evidence” standard. The greater weight of the evidence required in a civil (non-criminal)
lawsuit for the jury or judge without a jury to decide in favor of one side or the other. This preponderance is
based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.
Thus, one clearly knowledgeable witness may provide a preponderance of evidence over a dozen witnesses with
hazy testimony, or a signed agreement with definite terms may outweigh opinions or speculation about what the
parties intended. Preponderance of the evidence is required in a civil case and is contrasted with “beyond a
reasonable doubt,” which is the more severe test of evidence required to convict in a criminal trial.
In the criminal context, the standard of proof required to secure a conviction is “beyond a reasonable doubt.”
This is the standard that must be met by the prosecution’s evidence in a criminal prosecution. In plain terms, it
means that no other logical explanation can be derived from the facts except that the defendant committed the
crime, thereby overcoming the presumption that a person is innocent until proven guilty. Proof beyond a
reasonable doubt means proof that is close to an absolute certainty. If the judge or jury is sure the defendant
committed the crime based on the evidence, that is enough. They have been satisfied beyond a reasonable doubt
that the defendant is guilty. A reasonable doubt is based on common sense. If the judge or jury has any doubt
and is not certain that the defendant is guilty after looking at the evidence, he/she must be acquitted of the
crimes charged.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
17
6.1 The term ‘balance of probability’
judge + is satisfied + on balance of probability + that + subject + verb
He was satisfied on the balance of probability that the statement had been made, and that that was the
correct standard to apply.
judge + reach + conclusion + on the basis of balance of probability + that + subject + verb
The county court judge, having reached the conclusion, on the basis of a balance of probability, that a
fraudulent statement had been made
allegation + is established +on balance of probability
The court concludes that the allegation is established on the balance of probability.
court + consider + that + on balance of evidence + subject + verb
The balance of probability standard means that a court is satisfied an event occurred if the court considers
that, on the evidence, the occurrence of the event was more likely than not.
6.2 The term ‘preponderance of evidence’
party + has + burden + of proving + by preponderance + of evidence + that + subject + verb
The statehastheburdenofprovingby apreponderanceoftheevidence thattheprosecutionisnotbarredby the
statuteoflimitations.
court + find + by preponderance + of evidence + that + subject + verb
The court finds by a preponderance of the evidence that a party is responsible for child abuse or neglect
subject + verb + by preponderance + of evidence
The State or the person bringing the action shall be required to prove all essential elements of the cause of
action, including damages, by a preponderance of the evidence.
subject + verb + by preponderance + of evidence
The State failed to properly establish Moody’s offender score by a preponderance of the evidence.
person + prove + by preponderance + of evidence + that + subject + verb
The parties opposing the application proved by a preponderance of the evidence that the public
convenience and necessity did not require granting the application.
Now that the term evidence (noun) is described in detail, let’s move on to the verb form of the term:
7 Description of the term ‘evidence’ (verb)
person + evidence + status
They shall evidence their consent to be bound by this agreement.
person + evidence + action
The state treasurer shall evidence the transfer by proper bookkeeping entries.
person + is evidenced + to have been + verb3
The defendant is evidenced to have been a legal resident.
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
18
person + have + proof + evidencing + that + subject + verb
The rule shall require an applicant to submit with the application a proof evidencing that the applicant has
a commercial liability insurance policy.
subject + verb + as evidenced + by document
The defendant obtained such loans from plaintiff as evidenced by the loan notes executed and delivered
to the plaintiff.
subject + verb + evidencing + that + subject + verb
The statement of claim was filed evidencing the plaintiff’s claim of the sum.
document + evidence + action
This document shall evidence our mutual understanding in regard to the following matters…
document + evidence + status
This order itself shall constitute a seizure warrant and shall evidence the authority of the said commission
to execute the orders of the court.
document + evidencing + action
A document evidencing an assignment under this Article must contain…
document + evidencing + fact
A copy of the contract or other writing evidencing the original debt…
document + evidence + that + subject + verb
The mortgage note evidences that the plaintiff has the right to foreclose.
as evidenced + by document, subject + verb
As evidenced by the proof of service on file with this court, the above- named defendant was…
status + is evidenced
An agency contract shall not be valid unless it is evidenced in writing.
action + is evidenced + by ruling
If a claimed set-off is not admitted or evidenced by judgment.
action + is evidenced + to be + adjective
The defendant’s behavior is evidenced to be in bad faith.
action + is evidenced + by instrument
This settlement is evidenced by a letter from plaintiffs’ counsel.
item + is evidenced + as + item
The sum is evidenced as a claim by the defendant.
item + is evidenced + as being + verb3
The land is evidenced as being privately owned by the defendant.
it + is evidenced + that + subject + verb
It can be evidenced that the witness is within the control…
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
19
This guide describing evidencing is part of an ebook entitled Terminology of Civil Procedure in Use, available at
www.legalenglish.store. The Table of contents of the book entitled Terminology of Civil Procedure in Use is as follows
(with the part describing evidencing highlighted in yellow):
Your Complete Guide to the Term Evidence
You can likewise learn how to use 152 other civil procedure terms from the book entitled
“Terminology of Civil Procedure in Use”, which is available at www.legalenglish.store.
20

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