Reasonable Doubt - Law Dictionary Search Results
Home Dictionary Name: reasonable doubt Page: 2Reasonable hypothesis
Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond reasonable doubt. If those circumstances or some of them can be explained by any other reasonable hypothesis then the accused must have the benefit of that hypothesis. But in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities, Awadhi Yadav v. State of Bihar, AIR 1971 SC 69 (70): (1971) 3 SCC 116....
Shadow of doubt
Shadow of doubt, in its practical application in circumstantial evidence, the test which requires the exclusion of other alternative hypothesis is far more rigorous than the test of proof beyond reasonable doubt, Shankarlal G. Dixit v. State of Maharashtra, AIR 1981 SC 765: (1981) 2 SCC 35: (1981) Cr LJ 325....
moral certainty
moral certainty : a state of subjective certainty leaving no real doubt about a matter (as a defendant's guilt) : certainty beyond a reasonable doubt ...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
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 ...
Satisfied on the evidence
Satisfied on the evidence, these words 'satisfied on evidence' in s. 14 of the Divorce Act 1869, imply that it is the duty of Court to pronounce a decree when it is satisfied that the case has been proved beyond reasonable doubt as to the commission of a matrimonial offence, Earnist John White v. Kathleen Olive White, AIR 1958 SC 441 (444): (1958) SCR 1410. (Divorce Act, 1869, ss. 14, 7)...
presumption
presumption : an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption : a presumption that the law does not allow to be rebutted called also irrebuttable presumption compare rebuttable presumption in this entry mandatory presumption : a presumption that a jury is required by law to make upon proof of a given fact compare permissive presumption in this entry permissive presumption : an inference or presumption that a jury is allowed but not required to make from a given set of facts called also permissive inference compare mandatory presumption in this entry presumption of fact : a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it presumption of innocence : a rebuttable presumption in the favor of the defendant in a criminal action imposing on the prosecution the burden of proving g...
prove
prove proved proved or: prov·en [prü-vən] prov·ing 1 : to test the truth, validity, or genuineness of [ a will at probate] 2 a : to establish the existence, truth, or validity of [the charges were never proved in court] b : to provide sufficient proof of or that [proved the defendant guilty beyond a reasonable doubt] prov·able [prü-və-bəl] adj prov·able·ness n prov·ably [prü-və-blē] adv ...
threshold
threshold : a point of beginning : a minimum requirement for further action ;specif : a determination (as of fact or the existence of a reasonable doubt) upon which something else (as further consideration or a right of action) hinges [the for inquiry] adj : of, relating to, or being a threshold [the issue in a negligence action is whether the defendant owed a duty of care to the plaintiff "Noakes v. City of Seattle, 895 P.2d 842 (1995)"] [a showing of the need for psychiatric evaluation] ...
preponderance of the evidence
preponderance of the evidence ;also : the evidence meeting this standard [plaintiffs must show by a preponderance of the evidence that defendant's negligence proximately caused the injuries] compare clear and convincing, reasonable doubt ...
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