Juridical Dictionary

This dictionary contains:
8526
juridical terms

Secondary evidence




Secondary evidence

That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence.

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.

Admissible
Any form of testimony or evidence that is allowed into court.

Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.

Primary
That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished from secondary evidence, which is allowed only when primary evidence cannot be had.

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.



SIMILAR TERMS
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Second
A measure equal to one sixtieth part of a minute.

Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.

Second mortgage
A second mortgage is another loan secured by the property much like a first mortgage. It is a loan which is subordinate to the first mortgage.

Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.

Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.

Secondary authority
Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

Seconds
Criminal law. Those persons who assist, direct and support others engaged in fighting a duel.



PREVIOUS AND NEXT TERMS
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Second
A measure equal to one sixtieth part of a minute.

Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.

Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.

Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.

Secondary authority
Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

Secondary evidence

Seconds
Criminal law. Those persons who assist, direct and support others engaged in fighting a duel.

Secret
That which is not to be revealed. 2) Rights. A knowledge of something which is unknown to orthers, out of which a profit may be made; for example, an invention of a machine, or the discovery of the effect of the combination of certain matters.

Secretary
An officer who, by order of his superior, writes letters and other instruments. He is so called because he is possessed of the secrets of his employer. This term wag used in France in 1343, and in England the term secretary was first applied to the clerks of the king, who being always near his person were called clerks of the secret, and in the reign of Henry VIII. the term secretary of state came into it.

Secretary for the department of war
Government. This officer is appointed by the president. He is required to perform and execute such duties as shall, from time to time, be enjoined on or entrusted to him by the president, agreeably to the constitution, relative to military commissions or to the land forces, or warlike stores of the United States, or to such other matters respecting military affairs as the president shall assign to the department of war or relative to granting of lands to persons entitled thereto for military services rendered to the United States, or relative to Indian affairs.

Secretary of embassy or of leagtion
An officer appointed by the sovereign power, to accompany a minister of first or secoud rank, and sometimes, though not often, of an inferior rank. He is, in fact, a species of public minister; for independently of his protection as attached to an ambassador's suite, be enjoys, in his own rights, the same protection of the law of nations, and the same immunities as an ambassador.

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This dictionary contains 8526 terms.







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