Florida Department of Law Enforcement (FDLE) Practice Exam

What type of evidence requires inference or presumption to establish a fact?

1. Direct evidence

2. Circumstantial evidence

3. Testimonial evidence

4. Physical evidence

The correct answer is: Circumstantial evidence

Circumstantial evidence is the correct answer, as it involves evidence that indirectly supports a conclusion or fact, requiring inference or presumption to establish a connection. Unlike direct evidence, which provides straightforward proof of a fact without needing interpretation (such as eyewitness testimony or a video recording), circumstantial evidence relies on a series of facts that, when viewed together, suggest a conclusion. For example, if a person is seen leaving a store shortly after a theft occurs, the fact that they were in the area can lead one to infer involvement in the theft, even though direct evidence of their participation is lacking. This type of evidence is crucial in many legal cases, as it helps build a narrative or context around the facts, allowing juries and judges to make informed decisions based on the implications of the evidence presented.