New York State Private Investigator Practice Exam

Which of the following is NOT a type of evidence?

1. Physical

2. Testimonial

3. Hypothetical

4. Documentary

The correct answer is: Hypothetical

Hypothetical evidence does not fall into the established categories of evidence typically recognized in legal contexts. The main types of evidence include physical, testimonial, and documentary. Physical evidence refers to tangible items that can be observed and analyzed, such as fingerprints, weapons, or clothing. Testimonial evidence is provided by witnesses who offer their accounts of events or experiences, contributing personal narratives to the case. Documentary evidence involves records or documents that can support claims, such as contracts, emails, or photographs. Hypothetical evidence, on the other hand, does not represent a physical item, a witness testimony, or a document that actually exists to substantiate a fact in a case. Instead, it is often used in legal arguments to propose a scenario or to explain what might happen under certain conditions, rather than providing direct proof or information pertinent to the matter at hand. Thus, it is not considered a recognized type of evidence in legal proceedings.