Juridical Dictionary

This dictionary contains:
8526
juridical terms

Evidence




Evidence

Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

RELATED TERMS
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Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.

Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.

Common
marriage law. a marriage in which no formal ceremony took place and no license exists.

Method
The mode of operating or the means of attaining an object.

Oral
Something spoken in contradistinction to something written; as oral evidence, which is evidence delivered verbally by a witness,

Testimony
Evidence. The statement made by a witness under oath or affirmation

Eye-witness
One who saw the act or fact to which he testifies. When an eye-witness testifies, and is a man of intelligence and integrity, much reliance must be placed on his testimony, for he has the means of making known the truth.

Truth
The actual state of things.

Court
A body in government to which the administration of justice is delegated.

Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.

Jury
A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Knowledge
Information as to a fact. Many acts are perfectly innocent when the party performing them is not aware of certain circumstances attending them for example, a man may pass a counterfeit note and be guiltless, if he did not know it was so he may receive stolen goods if he were not aware of the fact that they were stolen. In these and the like cases it is the guilty knowledge which makes the crime.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.

Support
The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.



SIMILAR TERMS
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Evidence, conclusive
That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted.

Evidence, direct
That which applies immediately to the fadum probandum, without any intervening process.

Evidence, extrinsic
External evidence, or that which is not contained in the body of an agreement, contract, and the like.



PREVIOUS AND NEXT TERMS
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European free trade association
The association of Iceland, Liechtenstein, Norway and Switzerland in a free trade zone, as provided for by the E.F.T.A. Convention of 1960. N.B.: Austria, Finland and Sweden are no longer members of E.F.T.A., having joined the European Union.

Euthanasia
The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure, also known as "passive euthanasia") or commission of an act ("active euthanasia').

Evaluation
A study of the nature, quality, or unity of a parcel of real estate or interests in, or aspects of, real property, in which a value estimate is not necessarily required.

Evasion
A subtle device to set aside the truth, or escape the punishment of the law.

Evasion of the law
A principle of the conflict of laws, better known in civilian jurisdictions which consists of the intentional and improper manipulation of contacts (connecting factors), in order to avoid the application of the proper law. "Avoidance of the law" (supra), on the other hand is the acceptable arrangement of connecting factors for a legitimate purpose, for example in an agreement, usually between two equal bargaining parties, in order to select an appropriate applicable law or jurisdiction.

Evidence

Evidence, conclusive
That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted.

Evidence, direct
That which applies immediately to the fadum probandum, without any intervening process.

Evidence, extrinsic
External evidence, or that which is not contained in the body of an agreement, contract, and the like.

Evocation
French law. The act by which a judge is deprived of the cognizance of a suit over which he had jurisdiction, for the purpose of conferring on other judges the power of deciding it.

Ewage
A toll paid for water passage. Cowell. The same as aquagium.

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This dictionary contains 8526 terms.







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