Paralegal Advanced Competency Exam (PACE) Practice Exam

What type of evidence includes physical evidence from which inferences can be made?

1. Direct evidence

2. Testimonial evidence

3. Circumstantial evidence

4. Affidavit evidence

The correct answer is: Circumstantial evidence

Circumstantial evidence refers to evidence that relies on an inference to connect it to a conclusion of fact. This type of evidence does not directly prove the fact in question but instead allows the judge or jury to draw conclusions based on the circumstances surrounding the event. For example, if a witness saw smoke and flames coming from a building, coupled with evidence that the defendant was observed near that building shortly before the fire started, one might infer that the defendant had a role in causing the fire. In contrast, direct evidence provides straightforward proof of a fact, such as eyewitness testimony regarding what someone saw. Testimonial evidence encompasses statements made by witnesses, which can also be direct or circumstantial but are fundamentally human accounts rather than physical evidence. Affidavit evidence consists of written statements confirmed by oath, typically used to support factual claims in legal proceedings. While these forms of evidence are important in the context of a case, circumstantial evidence uniquely highlights the ability to infer conclusions through a collection of related facts rather than through direct observation or testimony.