A. 143, 48 Am. St. Rep
177; West v. Hayes, 51 Conn. 433.—Material evidence. Such as is relevant and goes to the substantial matters in dispute. or has a legitimate and effective influence or bearing on the decision of the case.
Category: Evidence
Found 82 results · Showing 1–30
ADMINIOCULUM
Lat. An adminicle; a prop or support; an accessory thing. An aid or support to something else, whether a right or the evidence of one. It is principally used to designate evidence adduced in aid or support of. other evidence, which without it is impe...
AFFIDAVIT
affectum, on account of a suspicion of bies or favor. 3 Bl. Comm. 868; Co. Litt. 156.
AFFIDAVIT 47
906, 62 Am. St. Rep. 385; Hays v. Loomis, 84 Ill. 18,
ALIUNDE
Lat. From another source; from elsewhere; from outside. Evidence aliunde (i. e., from without the will) may be received to explain an ambiguity in a will. 1 Greenl. Ev. c 291.
ALLEGATA ET PROBATA. Tat
Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support. ®
AMBIGUITY
Ambiguitas veborum lIatens_ verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollHtur. A latent ambiguity in the language may be removed by evidence; for whatever ambiguity arises from an extrinsic fact may be explained ...
And see also, oe v. Jones, 87 ‘Ala
691, 5°Soath. 785, 40. R. 113: Brown v. Beaueuaiop: 5 T. B. Mon. Asay 113, 17 Am. Dec.
AUTHOR
AUTHENTIC. Genuine; true; having the character and authority of an original; duly vested with all necessary formalities and legally attested; competent, credible, and reliable as evidence. Downing v. Brown, 3 Colo. 590.
Bank, 6 Metc
(Mass.) 26.—Skilled witnesses. Witnesses who are allowed to give evidence on matters of opinion and abstract fact.
Benth. Ev
(or Benth. Jud. Lv.). Bentham on Rationale of Judicial Evidence.
Britt
c. 17. c. &, c. 42; Kelham. disturbers of the c. 22. c. 20. Faugz serement, a false oath. ce. 1, 16.
Broadnax, 3 Ala
557, affirms that if the husband has abjured the state and De ve abroad, the. wife, meanwhile trading as a feme sole, could recover on a note which was given to her as such. We must consider the term ‘abjure,’ as there used, as implying a total a...
C. 54, 27 8S. B. 54
IRRELEVANT. In the law of evidence. Not relevant; not relating or applicable to the matter in issue; not supporting the issue.
Chalm. Bills & N. art
271. As to promissory “Oath,” “Representa:
Civ. Proc. Cal
1903, § 1839. 1839.—Oumulative evidemce. Additional or corroborative evidence to the same point. That which goes to prove what has already been established by other evidence. Glidden v. Dunlap, 28 Me. >; Parker v. 1908, § 1886; Ballinger’s An...
Codes & St. Or
1901, § 689.—Legal evidence. A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably and substantially to prove the point, no...
CONFLICT OF PRESUMPTIONS. In
this conflict certain rules are applicable, viz.: (1) Special take precedence of general presumptions; (2) constant of casual ones; (8) presume in favor of innocence; (4) of legality; (5) of validity; and, when these rules fail, the matter is said ta...
CORPORALE SACRAMENTUM. In
old English law. <A corporal oath.
CORSNED
then the verdict would stand not on the con-. fession, but upon those independent circumstances. To corroborate is to strengthen, to confirm by additional security, to add strength. The testmony of a witness is said to be corroborated when it is show...
DETESTATIO
Lat. In the civil law. A summoning made, or hotice given, in the. presence of witnesses, (denuntiatio facta cum testatione.) Dig. 50, 16, 40.
EAR-WITNESS
EAR-WITNESS. In the law of evidence.
EUNDO, MORANDO, ET REDEUNDO
Lat. Going, remaining, and returning. A person who is privileged from arrest (as a witness, legislator, etc.) is generally so privileged eundo, morando, et redeundo; that is, on his way to the place where his duties are to be performed, while he rema...
EXEMPLIFICATIONE
made in form to be used as evidence, and authenticated as a true copy.
Ferris v. Ferris, 8 Conn
168.—Corporal cath. An oath, the external solemnity of which consists in laying one’s hand ups the Gospels while the oath is administe to him. More generally, a solemn oath. The terms “corporal oath” and “solemn oath” are, in Indiana, at ...
FIDEM MENTIRI
Lat. To betray faith or fealty. A term used in feudal and old English law of a feudatory or feudal tenant who does not keep that fealty which he has sworn to the lord. Leg. Hen. I. c. 53.
FORTIOR
Lat. Stronger. A term applied, in the law of evidence, to that species of presumption, arising from facts shown in evidence, which is strong enough to shift the burden of proof to the opposite party. Burrill, Cire. Ev. 64, 66.
Fourchy, 51 La. Ann
228; 25 South. 109. Also evidence given in opposition to a presumption of fact or a prima facie case; in this sense, it may be not only counteracting evidence, but evidence sufficient to counteract, that is. conelusive. Fain v. Co vant evidence.
GELIO
Lat. Having personally touched the holy Gospel. Cro. Eliz. 105. The deacription of a corporal oath.
Gloucester Fe Co
v. Pennsylvania, 114 U. 8. 196, 5 Sup. Ct. 826, 29 L. Ed. 158.—Halfproof. In the civil law. Proof by one witness, or a private instrument. Hallifax, Civil