V.   Occurrence

Evidence is any manifest Valid Form to a minimum Standard of Proof that can be produced during any formal Argument which is deemed relevant and may support or refute a Fact that has been stated as part of the proceedings.

The Valid Form of evidence is evidence which conforms in its appearance, source, handling and presentation to the rules of admissibility and is in accordance with these Canons.

Standard of Proof of evidence is the level of validity and claim associated with evidence that supports and satisfies any associated burden of proof in bringing forth an argument. There are three (3) forms of Standard of Proof associated with evidence:

(i) Evidence beyond a reasonable doubt is the highest Standard of Proof through evidence when the evidence presented leaves no reasonable doubt in the mind of a "reasonable person" that the facts supported must be true; and

(ii) Clear and convincing evidence is the second highest Standard of Proof through evidence when the evidence presented leaves little or no reasonable doubt in the mind of a "reasonable person" that the facts at issue are supported and are in all probability true; and

(iii) Excessive and reasonable weight (preponderance) of evidence is the minimum Standard of Proof through evidence when the evidence presented leaves little or no reasonable doubt in the mind of a "reasonable person" that the facts presented by one(1) party are more convincing than the material presented by the other party and are in all probability true.

Relevant evidence means evidence admissible by law having any tendency to make the existence of any fact that is of consequence to formal Argument more probable or less probable than it would be without the evidence.

In all criminal matters, the Standard of Proof through evidence must always be beyond reasonable doubt. However, in matters of Civil Law, the Standard of Proof may be distinguished between the superior standard of "clear and convincing evidence" versus the lesser standard of "excessive and reasonable weight (preponderance) of evidence".

Only three valid classes of evidence exist: Physical, Testimonial and Inferential:

(i) Physical evidence is any physical object which may be considered relevant to an Argument in that it provides physical support or rebuttal to a statement of fact; and

(ii) Testimonial evidence is any sworn testimony by a witness having been given either in an open court, video recording or written statement; and

(iii) Inferential (or circumstantial) evidence is any combination of admissible physical and/or testimonial evidence which when taken as a whole through the use of Logic, Reason and Inference implies the existence of further evidence which is unable to be physically submitted at the time of proceedings.