negative evidence

Evidence suggesting that an alleged fact does not exist, such as a witness’s testifying that he or she did not see an event occur.

• Negative evidence is generally regarded as weaker than positive evidence because a positive assertion that a witness saw an event is a stronger statement than an assertion that a witness did not see it. But a negative assertion will sometimes be considered positive evidence, depending on the witness’s opportunity to see the event. For instance, testimony that the witness watched the entire game and saw no riot in the stands is stronger than testimony stating only that the witness did not see a riot.

— Also termed negative testimony. Cf. direct evidence (1). [Cases: Criminal Law 387; Evidence 147, 586. C.J.S. Criminal Law §§ 752, 819; Evidence§§ 3, 209, 339, 508, 1309, 1328.]

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译者崇载，国际名校知识产权法专业，擅长翻译各种与知识产权相关的法律文件。