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TYPES OF
EVIDENCE
FIVE TYPES OF
EVIDENCE
Precedent   evidence
Statistical evidence
Testimonial evidence
Hearsay evidence
Common 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.

 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.



Once established it is very
difficult to alter.
PRECEDENT AS EVIDENCE
The arguer refers to how the past event
relates to the current situation.

    In legal situation           In a personal situation

    The argument is that the     If you were allowed to stay
    ruling in the current case   out all night by your parents
    should be the same as it     “just once,” you an use that
    was in the past, similar     “just once” as precedent
    situations.                  when asking that your
                                 curfew be abolished.
STATISTICAL EVIDENCE
Consists 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 EVIDENCE
Statistics 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                      Historiography
                 Expert-witness
HEARSAY EVIDENCE
Also called rumor or gossip evidence.
COMMON KNOWLEDGE EVIDENCE
A 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.

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Types of Claims

  • 2. FIVE TYPES OF EVIDENCE Precedent evidence Statistical evidence Testimonial evidence Hearsay evidence Common knowledge evidence
  • 3. PRECEDENT EVIDENCE The act or event in which establishes expectations for future conduct. Two Forms Legal Personal
  • 4. 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.
  • 5. PERSONAL PRECEDENT A result of watching the personal actions of others to understand the expectations for future behaviors. 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. Once established it is very difficult to alter.
  • 6. PRECEDENT AS EVIDENCE The arguer refers to how the past event relates to the current situation. In legal situation In a personal situation The argument is that the If you were allowed to stay ruling in the current case out all night by your parents should be the same as it “just once,” you an use that was in the past, similar “just once” as precedent situations. when asking that your curfew be abolished.
  • 7. STATISTICAL EVIDENCE Consists 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
  • 8. STATISTICAL AS EVIDENCE Statistics 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.
  • 9. 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 Historiography Expert-witness
  • 10. HEARSAY EVIDENCE Also called rumor or gossip evidence.
  • 11. COMMON KNOWLEDGE EVIDENCE A 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.