Self Evidence - Law Dictionary Search Results
Home Dictionary Name: self evidence Page 1 of about 854 results (0.005 seconds)Self evidence
The quality or state of being self evident...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
self-proving
self-proving 1 : containing proof of its own validity [a will] 2 : providing or being the evidence that renders something self-proving ;esp : being an affidavit signed by the witnesses to a will attesting to the will's validity ...
Postulate
Something demanded or asserted especially a position or supposition assumed without proof or one which is considered as self evident a truth to which assent may be demanded or challenged without argument or evidence...
battered woman's syndrome
battered woman's syndrome : the psychological symptoms suffered by a woman repeatedly abused by a mate (as a husband) NOTE: Battered woman's syndrome is used as a defense to violent criminal charges (as homicide). Evidence of repeated abuse is used to show that the defendant acted in self-defense even though the threat or danger was not imminent. Battered woman's syndrome is also used as a mitigating factor in sentencing. ...
incriminate
incriminate -nat·ed -nat·ing 1 : to charge with involvement in a crime [he was incriminated in the conspiracy] 2 : to suggest or show involvement of in a crime [among the evidence that incriminated him was a box of trigger devices] see also self-incrimination in·crim·i·na·tion [in-kri-mə-nā-shən] n in·crim·i·na·to·ry [in-kri-mə-nə-tōr-ē] adj ...
Battered Woman's syndrome
Battered Woman's syndrome, means the psycho-logical symptoms buffered by a woman repeatedly abused by a mate (as a husband), Battered Woman's syndrome is used as defense to violent criminal charges (as homicide). Evidence of repeated abuse is used to show that the defendant acted in self-defence even though the threat or danger was not imminent; Battered Woman's syndrome is also used as a mitigating factor in sentencing, Webster's Dictionary of Law, Indian Edn. (2005), p. 46....
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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