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Title I.
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§ 1823.

PART IV.

OF EVIDENCE.

General Definitions and Divisions, §§ 1823-1839.

Of General Principles, §§ 1844-1870.

Kinds and Degrees of Evidence, §§ 1875-1978.
Of the Production of Evidence, §§ 1981-2054.
Effect of Evidence, § 2061.

Of the Rights and Duties of Witnesses, §§ 2064-
2070.

Evidence in Particular Cases, and Miscellaneous and General Provisions, §§ 2070-2104.

OF EVIDENCE.

GENERAL DEFINITIONS AND DIVISIONS.

Definition of evidence.

Definition of proof.

Definition of law of evidence.

The degree of certainty required to establish facts.
Four kinds of evidence specified.

Several degrees of evidence specified.

Primary evidence defined.

Secondary evidence defined.

Direct evidence defined.
Indirect evidence defined.
Prima facie evidence defined.
Partial evidence defined.
Satisfactory evidence defined.
Indispensable evidence defined.
Conclusive evidence defined.
Cumulative evidence defined.
Corroborative evidence defined.

Definition of evidence. Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. En. March 11, 1872.

Evidence, law of: Post, sec. 1825; kinds of: Post, sec. 1827; degrees of: Post, secs. 1828 et seq.; relevancy of: Post, secs. 1868, 1870; production of: Post, sec. 1825, subd. 3; value and effect of: Post, sec. 1825, subd. 5.

1824. Definition of proof. Proof is the effect of evidence, the establishment of a fact by evidence. En. March 11, 1872.

Proof, degree required: Post, sec. 1826; order of: Ante, sec. 607, post, sec. 2042; extent of: Post, secs. 1867, 1869; limits of: Post, secs. 1868, 1870; burden of: Post, secs. 1869, 1981.

§ 1825. Definition of law of evidence. The law of evidence, which is the subject of this part of the code, is a collection of general rules established by law:

1. For declaring what is to be taken as true without proof;

2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; and, 3. For the production of legal evidence;

4. For the exclusion of whatever is not legal;

5. For determining in certain cases, the value and effect of evidence. En. March 11, 1872.

Subd. 2. Presumptions: Post, secs. 1959, 1961-1963, and notes.

Subd. 3. Production of evidence: Post, secs. 1981-2054. Subd. 4. Exclusion of evidence: Post, secs. 1867, 1868. Subd. 5. Value and effect of evidence: Post, sec. 2061.

§ 1826. The degree of certainty required to establish facts. The law does not require demonstrations; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. En. March 11, 1872.

Cal.Rep.Cit. 80, 582; 80, 584; 80, 603; 130, 8; 130, 39.
Proof: Ante, sec. 1824.

§ 1827.

Four kinds of evidence specified. There are four kinds of evidence:

1. The knowledge of the court;

2. The testimony of witnesses;

3. Writings;

4. Other material objects presented to the senses. En. March 11, 1872.

Cal.Rep. Cit. 61, 404; 107, 209.

Subd. 1. Knowledge of the court: Post, sec. 1875.
Subd. 2. Witnesses: Post, secs. 1878-1884.

Writings: Post, secs. 1887-1951.

Post, sec. 1954.

Subd. 3.
Subd. 4. Other material objects:

§ 1828. Several degrees of evidence specified. There are several degres of evidence:

1. Primary and secondary.

2. Direct and indirect.

3. Prima facie, partial, satisfactory, indispensable, and conclusive. En. March 11, 1872. Am'd. 1575-4, 379.

§ 1829. Primary evidence defined. Primary evidence is that kind of evidence which, under every possible circumstance, affords the greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evidence of its existence and contents. En. March 11, 1872. Am'd. 1873-4, 379.

Cal.Rep.Cit. 54, 557.

§ 1830. Secondary evidence defined. Secondary evidence is that which is inferior to primary. Thus, a copy of an instrument, or oral evidence of its contents, is secondary evidence of the instrument and contents. En. March 11, 1872. Am'd. 1873-4, 379.

Contents of a writing, evidence of: Post, secs. 1855,

1856.

§ 1831. Direct evidence defined. Direct evidence is that which proves the fact in dispute directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For example: if the fact in dispute be an agreement, the evidence of a witness who was present, and witnessed the making of it, is direct. En. March 11, 1872.

§ 1832. Indirect evidence defined. Indirect evidence is that which tends to establish the fact in dispute by proving another, and which, though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For example: a witness proves an admission of the party to the fact in

dispute. This proves a fact, from which the fact in dispute is inferred. En. March 11, 1872.

Cal. Rep.Cit. 106, 193.

Indirect evidence: Post, secs. 1957-1963.

§1833. Prima facie evidence defined. Prima facie evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example: the certificate of a recording officer is prima facie evidence of a record, but it may afterward be rejected upon proof that there is no such record. En. March 11, 1872. Am'd. 1873-4, 379.

Cal.Rep.Cit. 70, 570; 75, 449; 83, 272.

Disputable presumption: Post, sec. 1963.

§ 1834. Partial evidence defined. Partial evidence is that which goes to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute by proof of other facts. For example: on an issue of title to real property, evidence of the continued possession of a remote occupant is partial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute. En. March 11, 1872.

Connected, with the fact in dispute: Post, sec. 1868.

§ 1835. Satisfactory evidence defined. That evidence is deemed satisfactory which ordinarily produces moral certainty or conviction in an unprejudiced mind. Such evidence alone will justify a verdict. Evidence less than this is denominated slight evidence. En. March 11, 1872. Cal.Rep.Cit. 72, 527; 76, 108; 79, 406; 80, 132; 80, 584; 94, 350; 94, 412; 105, 522; 132, 366; 132, 620; 133, 166; 136, 414.

Satisfactory evidence, to justify verdict: Post, sec. 2061, subd. 5.

§ 1836. Indispensable evidence defined. Indispensable evidence is that without which a particular fact cannot be proved. En. March 11, 1872.

Indispensable evidence: Secs. 1967-1974.

§ 1837. Conclusive evidence defined. Conclusive or unanswerable evidence is that which the law does not Code Civ. Proc.-58.

permit to be contradicted. For example, the record of a court of competent jurisdiction cannot be contradicted by the parties to it. En. March 11, 1872.

Cal.Rep.Cit. 83, 272.

Conclusive evidence: Post, secs. 1908, 1962, 1978.

1838. Cumulative evidence defined.

Cumulative evi.

dence is additional evidence of the same character to the same point. En. March 11, 1872.

Cal.Rep.Cit. 92, 208.

§ 1839.

Corroborative evidence defined.

Corroborative

evidence is additional evidence of a different character, to the same point. En. March 11, 1872.

Cal.Rep.Cit. 111, 14.

§ 1844. § 1845.

1846. 1847. § 1848. 1849.

§ 1850.

§ 1851.

§ 1852.

§ 1853.

§ 1854.

§ 1855.

§ 1856.

§ 1857.

§ 1858.

§ 1859.

§ 1860.

§ 1861. § 1862.

§ 1863.

§ 1864.

§ 1865.

TITLE I.

OF THE GENERAL PRINCIPLES OF EVIDENCE.

One witness sufficient to prove a fact.

Testimony confined to personal knowledge.

Testimony to be in presence of persons affected.
Witness presumed to speak the truth.

One person not affected by acts of another.
Declarations of predecessor in title evidence.

Declarations which are a part of the transaction.
Evidence relating to third person.

Declaration of decedent evidence of pedigree.

Declaration of decedent evidence against his successor in interest.

When part of a transaction proved, the whole is admissible.

Contents of writing, how proved.

An agreement reduced to writing deemed the whole.
Construction of language relates to place where used,
Construction of statutes and instruments, general rule.
The intention of the legislature or parties.

The circumstances to be considered.

Terms to be construed in their general acceptation.
Written words control those printed in a blank form.
Persons skilled may testify to decipher characters.
Of two constructions, which preferred.

A written instrument construed as understood by parties.
Construction in favor of natural right preferred.
Material allegations only to be proved.

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§ 1844. One witness sufficient to prove a fact.

The

direct evidence of one witness who is entitled to full

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