Rebut - Law Dictionary Search Results
Home Dictionary Name: rebutrebut
rebut re·but·ted re·but·ting [Anglo-French reboter rebuter to answer a charge, bar from an action, literally, to repulse, rebuff, from Old French reboter, from re- back + boter to push, butt] : to refute, counteract, or disprove (as opposing evidence) by evidence or argument [ damaging testimony] [ a presumption] re·but·ta·ble adj re·but·ta·bly adv ...
Rebut
Rebut, to bar, reply, or contradict.To refute, oppose or counteract (something) by evidence, argument, or contrary proof, Black's Law Dictionary, 7th Edn., p. 1274....
Rebutting evidence
Rebutting evidence, that which is given by one party in a cause to explain, repel, counteract, or disprove evidence produced by the other party....
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...
rebuttal
rebuttal : the act or procedure of rebutting ;also : evidence or argument that rebuts ...
rebutter
rebutter [Anglo-French reboter, from reboter to rebut] : the answer of a defendant in matter of fact to a plaintiff's surrejoinder n : one that rebuts ...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
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