Begging The Question - Law Dictionary Search Results

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Begging the question

Begging the question. See PETITIO PRINCIPII....

Petitio principii, begging the question, which is the taking of a thing in itself in dispute or not proved or false, for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any rational inference can be drawn from it. For a discussion of the further question 'Is the syllogism a petitio principii?' see 1 Mill's Log., bk. 2, chap. 3, s. 1....

Petitionarily

By way of begging the question by an assumption...

Begging

Begging, means:(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (b)]Begging means-- (i) soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise; (ii) exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease, whether himself or of any other person or of an animal; (iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms. [Children...

question

question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...

Leading question

Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...

Substantial question of law

Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...

Question of law arising out of such order

Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...

Question of fact

Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...

Ad questiones facti non respondent judices; ad questiones legis non respondent juratores

Ad questiones facti non respondent judices; ad questiones legis non respondent juratores. Co. Litt. 295.-(Judges do not answer questions of fact; juris do not answer questions of law). See Broom's Leg. Max. Since the Common Law Procedure Act, 1854, and now by R. S. C. Ord. XXXVI., a judge in a civil action may answer questions of fact without a jury....

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