Opinion Testimony - Law Dictionary Search Results
Home Dictionary Name: opinion testimonyFabricating false evidence
Fabricating false evidence, S. 192 (of IPC) defines compendiously the offence of fabricating false evidence. It reads thus:'Whoever causes any circumstances to exist... or makes any document containing a false statement intending that such circumstance..... or false statement may appear in evidence in a judicial proceeding..... and that such circumstance......... or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence, Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 (527): (1966) 1 SCR 493.Whoever causes any circumstance to exist or makes any false entry in any book or record, (or electronic record) or makes any document (or electronic record) containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding,...
opinion testimony
opinion 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...
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
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 ...
comment
comment 1 often cap a : an essay analyzing, criticizing, or explaining a subject [a published in the Yale Law Review] b : an explanatory remark appended to a section of text (as of enacted code) 2 : an expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a judge may not remark to the jury his or her opinion about what the evidence does or does not prove. b : a written expression of opinion or information solicited by an agency about a subject of its rulemaking see also informal rulemaking ...
foundation
foundation 1 : a basis upon which something stands or is supported ;specif : a witness's preliminary testimony given to identify or explain evidence being offered at trial and establish its connection to the issue for which it is offered [the lack of any for the orthopedic surgeon's familiarity with the…standard of care rendered the surgeon's opinion testimony inadmissible "National Law Journal"] NOTE: Before evidence can be admitted at trial, the foundation for it must be laid by the party offering it. A foundation must also be laid for the qualification of a witness as an expert, or for the assertion of a privilege. 2 a : funds given for the permanent support of an institution : endowment b : an organization or institution established by endowment with provision for future maintenance foun·da·tion·al adj ...
Refutation
The act or process of refuting or disproving or the state of being refuted proof of falsehood or error the overthrowing of an argument opinion testimony doctrine or theory by argument or countervailing proof...
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 facts submitted to him. See DICTUM as to opinions expressed by judges which 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, that is, a belief or a conviction resulting from what one thinks on a particular question. Such belief or conviction may manifest itself in conduct or behaviour which indicates the existence of the belief or opinion, Dolgobinda Paricha v. Nimai Charan Misra, AIR 1959 SC 914 (919): (1959) Supp 2 SCR 814. (Evidence Act, 1872, s. 20)...
Science
Science, the word 'science' is wide enough to meet the requirement of treating the opinion of a typewriter expert as an opinion evidence coming within the ambit of s. 45 of the Evidence Act, State v. S.J. Chaudhary, AIR 1996 SC 1491 (1496). [Evidence Act, 1872, s. 45]...
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