Juridical Dictionary

This dictionary contains:
8526
juridical terms

Rebuttal




Rebuttal

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

RELATED TERMS
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Introduction
That part of a writing in which are detailed those facts which elucidate the subject. In chancery pleading, the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. In this part of the bill are also given the places of abode, title, or office, or business, and the character in which they sue, if it is in autre droit, and such other description as is required to show the jurisdiction of the court.

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.

Response
The formal document filed by the defendant (respondent) to answer the complaint or summons.

Matter
Some substantial or essential thing, opposed to form; facts.

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.



SIMILAR 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

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.

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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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
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

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

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.

Recall a judgment
To recall a judgment. To reverse a judgment on a matter, of fact; the judgment is then said to be recalled or revoked, and when it is reversed for an error of law, it is said simply to be reversed.

Recaption
Remedies. The act of a person who has been deprived of the cus-tody of another to which he is legally entitled, by which he regains the peaceable custody of such person; or of the owner of personal or real property who has been deprived of his possession, by which he retakes possession, peaceably.

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This dictionary contains 8526 terms.







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