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res ipsa loquitur

res ipsa loquitur Latin, the thing speaks for itself] : a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring

Way

by public could not give rise at common law to any prescription of dedication; or unless there is evidence that there was no intention to dedicate, or unless there was not at any time any person in

Quantitative rule

Quantitative rule, means an evidentiary rule requiring that a given type of evidence is insufficient unless accompanied by additional evidence before the case is closed. Such a rule exists because of

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Leading question

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

Notice

of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to

Presumption of fact

facts, unless the truth of such inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of

Prima facie case

a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed. While determining whether a prima facie case had

Video conferencing

parties are in presence of each other so long as the accused and/or his pleader are present when evidence is recorded by video conferencing that evidence is being recorded in the 'presence' of the accused and would

Rape

be rape. The complaint of the woman shortly after the occurrence, and its particulars, may be given in evidence for the prosecution, not as evidence of the facts complained of (see HEARSAY EVIDENCE), but of the consistency

Res gest'

done (including words spoken) in the course of an event. The phrase is commonly used in connection with evidence, and the admissibility in evidence of words spoken-e.g., the cries of a woman who is being ravished: see

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