Reputation Testimony - Law Dictionary Search Results
Home Dictionary Name: reputation testimonyreputation testimony
reputation testimony see testimony ...
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...
reputation
reputation : overall quality or character as seen or judged by people in general within a community see also character evidence at evidence reputation testimony at testimony ...
Reputable
Having or worthy of good repute held in esteem honorable praiseworthy as a reputable man or character reputable conduct...
Habit and repute
Habit and repute. By the law of Scotland marriage may be established by habit and repute where the parties cohabit and are at the same time held and reputed as man and wife, Bell's Law Dict.; see Dysart Peerage Case, (1881) 6 App Cas 489....
Reputation
Reputation, credit, honour, character, good name. Injuries to one's reputation, which is a personal right, are defamatory. See CHARACTER; LIBEL.Certain private and public rights may be established by reputation, e.g., highways [Austin's case, (1672) 1 Vent. 181]; commons, Warwick v. Queen's College, Oxford, (1871) 6 Ch App 716; connection of mark or name with goods: see TRADE MARKS....
reputational
reputational : of or relating to reputation [a injury caused by the libel] ...
Reputed owner
Reputed owner, one who has, to all appearances, the right and actual possession of property. By the Bankruptcy Act, 1914, s. 38-an enactment which repeats with little variation the successive enactments on the subject dating from the reign of James I, it is provided that all goods being at the commencement of the bankruptcy in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is reputed owner thereof, pass to his trustee. As to the conduct of the owner, see Simeons v. Durand, (1928) 2 KB 66, and see Law of Distress Amendment Act, 1908, s. 4, enabling a landlord to distrain on goods comprised in any bill of sale, hire-purchase agreement, or settlement made by a tenant or on goods in the possession, order and disposition of such tenant by the consent and permission of the true owner under such circumstances that such tenant is the owner thereof. See HIRE-PURCHASE....
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 ...
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...
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