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Negative Testimony - Law Dictionary Search Results

Home Dictionary Name: negative testimony

negative testimony

negative testimony see testimony ...


testimony

testimony pl: -nies [Latin testimonium, from testis witness] : evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony : testimony that a witness gives at a different proceeding (as another hearing or a deposition) NOTE: Under Federal Rule of Evidence 804, former testimony is admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar motive to develop the testimony. negative testimony : testimony concerning what did not happen ;esp : testimony concerning what one did not perceive [negative testimony that the witness did not hear a train whistle] NOTE: Negative testimony is sometimes accorded the same weight as positive testimony when the witness was in a position to perceive something and was eagerly attentive. opinion testimony : testimony relaying o...


Positive evidence

Positive evidence, proof of the very fact, opposed to negative evidence....


Testimonial compulsion

Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part, Subedar v. State, AIR 1957 All 396: 1957 All LJ 263...


Negative

Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC]....


negative amortization

negative amortization amortization means that monthly payments are large enough to pay the interest and reduce the principal on your mortgage. Negative amortization occurs when the monthly payments do not cover all of the interest cost. The interest cost that isn't covered is added to the unpaid principal balance. This means that even after making many payments, you could owe more than you did at the beginning of the loan. Negative amortization can occur when an ARM has a payment cap that results in monthly payments not high enough to cover the interest due. Source: U.S. Department of Housing and Urban Development ...


negative averment

negative averment : a negative statement or allegation (as in a pleading) that constitutes a statement of fact and that must be proved by the party making it [a negative averment alleging that the plaintiff did not have the capacity to sue] ...


Negative

Denying implying containing or asserting denial negation or refusal returning the answer no to an inquiry or request refusing assent as a negative answer a negative opinion opposed to affirmative...


Argumentum a majori ad minus negative non- valet; valet e converso

Argumentum a majori ad minus negative non- valet; valet e converso [Lat.], An argument from the greater to the less is of no force negatively; affirmatively it is....


Testimaignes ne potent testifie le negative, mes I affirmative

Testimaignes ne potent testifie le negative, mes I affirmative, witness cannot testify to a negative; they must testify to an affirmative...


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