Juridical Dictionary

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8526
juridical terms

Rebut




Rebut

To rebut. To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evidence which proves the death; and this presumption it lies on the defendant to rebut by showing that it was justifiable or excusable

RELATED TERMS
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Rebut
To rebut. To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evidence which proves the death; and this presumption it lies on the defendant to rebut by showing that it was justifiable or excusable

Homicide
Criminal law. According to Blackstone, it is the killing of any human creature. This is the most extensive sense of this word, in which the intention is not considered. But in a more limited sense, it is always understood that the killing is by human agency, and Hawkins defines it to be the killing of a man by a man.Homicide may perhaps be described to be the destruction of the life of one human being, either by himself, or by the act, procurement, or culpable omission of another. When the death has been intentionally caused by the deceased himself, the offender is called felo de se; when it is caused by another, it is justifiable, excusable, or felonious. The person killed must have been born; the killing before birth is balled foeticide.

Murder
"1) Pleadings. In an indictment for murder, it must be charged that the prisoner ""did kill and murder"" the deceased, and unless the word murder be introduced into the charge, the indictment will be taken to charge manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the authorities and cases there cited.

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.

Death
Cessation of life; extinction of political existence.

Presumption
evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion

Defendant
A party who is sued in a personal action.



SIMILAR TERMS
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Rebuttable presumption
Usually, every element of a case must be proven to a judge or a jury. The exception is a "presumption", which means that if certain other facts are proven, then another fact can be taken for granted by the judge (or jury). For example, in some states, an adult caught having intercourse with a minor is presumed as having known that the minor was under-age. Most presumptions are "rebuttable", which means that the person against whom the presumption applies may present evidence to the contrary, which then has the effect of nullifying the presumption. This then deprives the person that tried to use the presumption with the advantage of the "free" evidence and makes him present evidence to support the fact which might have been proven by the presumption.

Rebuttal
An introduction of evidence in response to a matter raised by the opposing party.

Rebutter
Pleadings. The name of the defendant's answer to the plaintiff's surrejoinder.

Rebutting evidence
That which is given by a party in the cause to explain, repel, counteract or disprove facts given in evidence on the other side. The term rebutting evidence is more particularly applied to that evidence given by the plaintiff, to explain or repel the evidence given by the defendant.



PREVIOUS AND NEXT TERMS
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Rebate
Merchant law. Discount; the abatement of inferest in consequence of prompt payment.

Rebel
A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either by resisting their lawful and constitutional orders, in some particular matter, or to impose on them conditions.

Rebellion
Criminal law. The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued.

Rebellion, commission of
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.

Rebouter
To repel or bar. The action of the heir by the warranty of his ancestor, is called to rebut or repel.

Rebut

Rebuttable presumption
Usually, every element of a case must be proven to a judge or a jury. The exception is a "presumption", which means that if certain other facts are proven, then another fact can be taken for granted by the judge (or jury). For example, in some states, an adult caught having intercourse with a minor is presumed as having known that the minor was under-age. Most presumptions are "rebuttable", which means that the person against whom the presumption applies may present evidence to the contrary, which then has the effect of nullifying the presumption. This then deprives the person that tried to use the presumption with the advantage of the "free" evidence and makes him present evidence to support the fact which might have been proven by the presumption.

Rebuttal
An introduction of evidence in response to a matter raised by the opposing party.

Rebutter
Pleadings. The name of the defendant's answer to the plaintiff's surrejoinder.

Rebutting evidence
That which is given by a party in the cause to explain, repel, counteract or disprove facts given in evidence on the other side. The term rebutting evidence is more particularly applied to that evidence given by the plaintiff, to explain or repel the evidence given by the defendant.

Recall
International law.To recall. To deprive a minister of his functions; to supersede him.

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This dictionary contains 8526 terms.







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