Positive Testimony - Law Dictionary Search Results
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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...
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...
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...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Fabricating 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,...
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
Best evidence rule
Best evidence rule, is rule of evidence in order to prove what is said or pictured in a writing, recording, or photograph the original must be privileged unless the original is lost, destroyed, or otherwise, unobtainable, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Best evidence rule, is the rule when the judges and sages of the law have laid down that there is but one general rule of evidence, the best that the nature of the case will allow, Omychnd v. Barker, (1745) 1 Atk 21.Best evidence rule, means the rule requires in effect that the best or most direct evidence of a fact should be adduced or its absence accounted e.g. the best evidence of the existence of the contents of a letter i.e. its production in court. The rule no longer applies as the court admits all relevant evidence, Kajaal v. Nable, (1982) 75 Cr App 149....
Parol evidence
Parol evidence, testimony by the mouth of a witness. It is a general rule that oral evidence cannot be substituted for a written instrument, where the latter is required by law, or to give effect to a written instrument, defective in any particular essential to its validity; nor contradict, alter, or vary a written instrument, required by law, or agreed upon by the parties, as the authentic memorial of the facts which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases the parol evidence does not usurp the place of written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect.The general rule with regard to the admission of pa...
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