TYPES OF EVIDENCE

FIVE TYPES OF EVIDENCE

Precedent evidence Statistical evidenceTestimonial evidence Hearsay evidenceCommon knowledge evidence

PRECEDENT EVIDENCE

The act or event in which establishes expectations for future conduct.

Two Forms

Legal Personal

LEGAL PRECEDENT Most powerful and most difficult to challenge.

Courts and legislatures can establish legal precedent.

Once a court makes a ruling, other courts need to follow.

PERSONAL PRECEDENT

A result of watching the personal actions of others to understand the expectations for future behaviors.

Once established it is very difficult to alter.

Examples:•Younger children in a family watch how the older children are being treated in order to see what precedents are being established.•The first month of marriage to establish who precedent. Who cook, takes out the garbage, cleans, etc.

PRECEDENT AS EVIDENCEThe arguer refers to how the past event relates to the current situation.

In legal situation In a personal situation

The argument is that the ruling in the current case should be the same as it was in the past, similar situations.

If you were allowed to stay out all night by your parents “just once,” you an use that “just once” as precedent when asking that your curfew be abolished.

STATISTICAL EVIDENCEConsists primarily of polls, survey, and experimental results from the laboratory. It provides evidence for communicating a large number of specific instances without citing each one.

“A person uses statistics like a drunk uses a lamppost, not for illumination but for support.” -Great baseball announcer Vin Scully

STATISTICAL AS EVIDENCEStatistics are the product of a process subject to human prejudice, bias, and error. Often no more reliable than the other forms of evidence although people often think they are.

Senders need to carefully analyze how they use statistics when attempting to persuade others.

Receivers need to question statistics that do not make sense to them.

TESTIMONIAL EVIDENCE Used for the purpose of assigning motives, assessing responsibilities, and verifying actions for past, present and future events. It is an opinion of reality as stated be another person.

Three Forms

Eyewitness

Expert-witness

Historiography

HEARSAY EVIDENCEAlso called rumor or gossip evidence.

COMMON KNOWLEDGE EVIDENCEA way to support one’s arguments. Most useful in providing support arguments which lack any real controversy.

No need for cite opinions or survey results to get most people to accept a statement. For example, to get most people to accept the statement that millions of people have seen the show The Simpsons.