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Legal Definitions - positive testimony

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Definition of positive testimony

Definition: Positive testimony is evidence given by a competent witness under oath or affirmation at trial or in a written statement. It is also known as affirmative testimony and is based on what the witness saw or heard at the time and place in question.

Example: A witness testifying in court that they saw the defendant at the scene of the crime is an example of positive testimony. The witness is providing evidence based on their direct observation of the defendant.

Another example of positive testimony is when a witness provides a written statement, such as an affidavit, about what they saw or heard. This written statement is considered testimony and can be used as evidence in court.

Positive testimony is important in legal proceedings because it provides direct evidence of what happened. It can help establish the facts of a case and can be used to support or refute other evidence presented in court.

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Simple Definition

Positive testimony is when a witness says something happened or did not happen based on what they saw or heard. It is evidence given under oath or affirmation in court or in a written statement. It is also called affirmative testimony or personal evidence. It is different from opinion testimony, which is based on a belief or idea rather than direct knowledge of the facts. Positive testimony can be used to prove a case, but it must be truthful and accurate.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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