Texas Surveyors Practice Exam

What type of evidence is defined as the testimony of a witness who observed?

1. Indirect Evidence

2. Direct Evidence

3. Secondary Evidence

4. Extrinsic Evidence

The correct answer is: Direct Evidence

The testimony of a witness who observed an event firsthand is classified as direct evidence. This type of evidence provides direct proof of a fact, meaning it is based on personal knowledge or observation. For instance, if a surveyor witnesses a boundary being marked or an event occurring, their testimony serves as direct evidence of that event. In legal terms, direct evidence is considered stronger than circumstantial or indirect evidence because it does not require any inferences or additional reasoning to establish a fact; the observation itself is sufficiently compelling. This contrasts with other types of evidence, such as indirect evidence, which may suggest a conclusion but does not directly prove it; secondary evidence, which is derivative, such as copies of documents rather than original ones; and extrinsic evidence, which refers to evidence that is outside the primary matter being presented. Understanding the distinction between these types is crucial, especially in fields like surveying, where accurate testimony can significantly influence property disputes and boundary determinations.