Prove - Law Dictionary Search Results
Home Dictionary Name: prove Page: 2authenticate
authenticate -cat·ed -cat·ing 1 : to prove or serve to prove that (something) is genuine ;esp : to prove that (an item of evidence) is genuine for the purpose of establishing admissibility 2 : to make (a written instrument) valid and effective by marking esp. with one's signature [ a check] ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Purchaser
Purchaser, a buyer, a vendee; also the root of descent, from whom, under the (English) Inheritance Act, 1833, the descent was in every case to be traced, before 1926, and now, as to a limitation to the heir taking effect as purchaser (see previous title, and (English) L.P. Act, 1925, s. 132).The statute enacts that in every case descent shall be traced from the purchaser; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land (which expression extends to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof (s. 1)), is, for the purposes of the Act, to be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom be inherited the same shall be considered to have been the purchaser, unless it shall be p...
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...
Alibi
Alibi (elsewhere). It is a defence restored to where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence that he was in a different place at the time the offence was committed.Else ware, in law this term is used to express that defence in a criminal prosecution, where the party-accused, in order to prove that he could not have committed the crime charged against him, offers evidence that he was in a different place at that time. The plea taken should be capable of meaning that having regard to the time and place when and where he is alleged to have committed the offence, he could not have been present. The plea of alibi postulates the physical impossibility of the presence of the accused to the scene of offence by reason of his presence at another place. Denial by an accused of an assertion made by his employer that the accused was on leave of absence from duty on the date of offence does not, by any stretch of reaso...
argue
argue ar·gued ar·gu·ing vi 1 : to give reasons for or against a matter in dispute [arguing for an extension] 2 : to present a case in court [will for the defense] vt 1 a : to give reasons for or against [argued the issue before the judge] b : to prove or try to prove by giving reasons or evidence [will invasion of privacy] 2 : to present in court [lawyers in court filing briefs and arguing appeals "Rorie Sherman"] ar·gu·able adj ...
filiation
filiation [Late Latin filiatio relationship of a son and father, from Latin filius son] 1 : a legal relationship of a parent and esp. a father and child that creates rights and obligations [used to help prove in a paternity suit "LeBlanc v. LeBlanc, 427 So. 2d 1361 (1986)"] see also legitimate filiation compare acknowledgment, paternity NOTE: The Louisiana Supreme Court has held that children not entitled to legitimate filiation to the alleged parent, or not legitimated or formally acknowledged by the alleged parent, may establish filiation in a filiation proceeding. This has led to some instances where the legitimate children of one father have been allowed to prove filiation to another father. Such an action does not make the children illegitimate but does create a status of dual paternity. 2 : adjudication of paternity or filiation [the court has made an order of "Idaho Code"] ...
proof
proof [alteration of Middle English preove, from Old French preuve, from Late Latin proba, from Latin probare to prove] 1 : the effect of evidence sufficient to persuade a reasonable person that a particular fact exists see also evidence 2 : the establishment or persuasion by evidence that a particular fact exists see also burden of proof 3 : something (as evidence) that proves or tends to prove the existence of a particular fact see also clear and convincing, preponderance of the evidence, reasonable doubt, standard of proof compare allegation, argument 4 : probate ...
Verify
Verify, in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expression means to determine whether:(a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature. [Information Technology Act, 2000 (21 of 2000), s. 2(1) (zh)]1. To prove to be true, to confirm or establish the truth or truthfulness of; to authentically2. To confirm or substantiate by oath or affidavit; to swear to the truth of, Black's Law Dictionary, 7th Edn.Means to ascertain, to confirm, to test the truth or accuracy of, and to prove to be true. That the authority must append his verification to the declaration made by candidate on solemn affirmation, Nanak Singh v. Deputy Commissioner Amritsar, (1968) 70 Punj LR 1095....
Double grants
Double grants, where by reason of their number or otherwise the executors appointed by the will do not all prove, power may be reserved to the non-proving executors to prove at a later date. The second grant will then be known as double probate. IT is made in general terms, but the value of the estate is sworn as the value of the assets remaining unadministered at the date of the second grant and not as the original value in the first grant, Halsbury's Laws of England 17, para 362, p. 455....
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