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Judgment Proof - Law Dictionary Search Results

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Opinion

Opinion. A technical term applied to the judgment of a Law Lord delivered in the House of Lords. Also the written advice given by counsel upon … are not strictly relevant to the issue before them. The word 'opinion' in s. 50 of the Indian Evidence Act, 1872, means something more than mere retailing of gossip or of hearsay; it means judgment or belief,

res ipsa loquitur

of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119

issue

of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: … genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is

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writ

court under its own seal for judicial purposes in the course of a proceeding or to enforce a judgment compare original writ in this entry original writ : a writ formerly used in England that issued out … in a different judgment [petitioned for a writ of error coram nobis on the ground that newly discovered evidence exonerated him] called also coram nobis writ of coram nobis writ of right 1 : a common-law writ

Judgment on the merit

Matched in: Term Judgment on the merit

Pardon

and not so much to restore his former as to give him new credit and capacity. Nevertheless the judgment remains formally unreserved, and therefore it was proposed by Sir F. Pollock, A.-G., that when the Crown pardons … by Sir F. Pollock, A.-G., that when the Crown pardons any adjudged guilty on the ground that the evidence rightly viewed does not warrant the judgment, the prisoner should assign and the Attorney-General should confess error on

Affidavit

a person having authority to administer an oath. By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the

defense

entry meritorious defense : a defense that is based on evidence sufficient to warrant setting aside a default judgment against the defendant in civil litigation partial defense : a defense by which the defendant reduces the amount … the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils defense : a defense to a criminal charge based on the

Abstract of title

by such legal evidence as would be deemed satisfactory and conclusive in an action to try the title. Judgments, Crown debts, charges, and incumbrances should be fairly stated. Also a tracing of any plan which is referred … interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it. Every purchaser of land or real estate has

Probative

Serving for trial or proof probationary as probative judgments probative evidence

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