Inference - Law Dictionary Search Results
Home Dictionary Name: inference Page: 2inferential
inferential 1 : relating to, involving, or resembling inference 2 : deduced or deducible by inference ...
promise
promise : a declaration or manifestation esp. in a contract of an intention to act or refrain from acting in a specified way that gives the party to whom it is made a right to expect its fulfillment aleatory promise : a promise (as to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, is not made for the benefit of the party making it, and must be in writing to be enforceable false promise : a promise that is made with no intention of carrying it out and esp. with intent to deceive or defraud gratuitous promise : a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel. illusory promise : a purported promise that does not actually bind the party making it to a particular p...
Inferentially
By way of inference using inference...
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Presumption of fact
Presumption of fact, is an inference as to the existence of one fact from the existence of some other 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 a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when s. 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case, State of West Bengal v. Mir Mohd. Omar, (2000) 8 SCC 382 (392). (Evidence Act, 1872, s. 114)...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
inferentially
inferentially : by way of inference : through inference ...
malice
malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...
ademption
ademption [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain] 1 : the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies 2 : the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement NOTE: Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption. ...
Doctrine of basic structure
Doctrine of basic structure, the doctrine of 'a basic structure' was nothing more than a set of obvious inferences relating to the intents of the Constitution-makers arrived at by applying the established canons of construction rather broadly, as they should be so far as an organic constitutional document, meant to govern the fate of a nation, is concerned. But, in every case where reliance is placed upon it, in the course of an attack upon legislation, whether ordinary or constituent (in the sense that it is an amendment of the Constitution), what is put forward as part of 'a basic structure' must be justified by references to the express provisions of the Constitution. That structure does not exist in vacuo. Inferences from it must be shown to be embedded in and to flow logically and naturally from the bases of that structure. In other words, it must be related to the provisions of the Constitution and to the manner in which they could indubitably be presumed to naturally and reasona...
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