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standard of proof

establish proof in a criminal or civil proceeding [the standard of proof to convict is proof beyond a reasonable doubt] see also clear and convincing, preponderance of the evidence compare burden of proof clear and convincing evidence … NOTE: Preponderance of the evidence is the least demanding standard of proof and is used for most civil actions and some criminal defenses (as insanity). Clear and convincing proof is a more demanding standard of proof and

Law Reform (UK)

given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action; (c) any tortfeasor liable in respect of that damage may recover contribution from

Use and occupation, Action for

Matched in: Term Use and occupation, Action for

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derivative action

Matched in: Term derivative action

Demurrer

by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action. In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is

Immediately

Immediately, in a statute, means within a reasonable time. See Maxwell on Statutes, 2nd Edn. 423. The expression 'immediately' is only meant to convey 'reasonable dispatch … from earliest judicial decision it has almost invariably meant the same as forthwith, namely with speedy and prompt action and as quickly as is reasonably possible, Stroud's Judicial Dictionary, 6th Edn., (2000) Vol. 2, p. 1193.

Impossible or impermissible

impracticable is ''not possible' or 'not feasible'; at any rate it means something very much more than 'not reasonably practicable''. In the New Oxford Dictionary of English (1998, at p. 918), impracticable (of a course of action)

presumption

of the defendant in a criminal action imposing on the prosecution the burden of proving guilt beyond a reasonable doubt presumption of intent : a permissive presumption that if a criminal defendant committed an act it was

Malicious prosecution

Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The

Abatement

is now abolished, see. R.S.C. Ord. XXI., r. 20) was one which stated some fact which gave a reason for quashing or abating the action, on account of an informality, or offered an exception to the personal

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