Intro to Paralegal Studies Practice

Which of the following describes the testimony of a witness under oath?

1. Direct Evidence

2. Cumulative Evidence

3. Testimonial Evidence

4. Materiality

The correct answer is: Testimonial Evidence

The testimony of a witness under oath is aptly described as testimonial evidence. This type of evidence is derived from the statements made by witnesses who provide their account of facts related to the case based on their personal knowledge or observation. Testimonial evidence is essential in legal proceedings, as it helps establish the facts of a case through the witness's firsthand experience. The distinction lies in the purpose and form of the evidence. While direct evidence refers to evidence that directly supports a fact in question without needing inference, and cumulative evidence consists of multiple pieces of evidence that support the same point, testimonial evidence specifically encompasses the statements given by witnesses. Materiality, on the other hand, relates to the relevance and significance of evidence in proving a point in a legal matter, but does not specifically relate to the nature of the witness's testimony as being under oath. Thus, testimonial evidence focuses on the oral declarations of witnesses, making it the most appropriate descriptor for testimony given under oath.