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Evidence Law Legal Terminology
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proposition
In logic and linguistics, a proposition is the meaning of a declarative sentence. In philosophy, " meaning" is understood to be a non-linguistic entity which is shared by all sentences with the same meaning. Equivalently, a proposition is the non-linguistic bearer of truth or falsity which makes any sentence that expresses it either true or false. While the term "proposition" may sometimes be used in everyday language to refer to a linguistic statement which can be either true or false, the technical philosophical term, which differs from the mathematical usage, refers exclusively to the non-linguistic meaning behind the statement. The term is often used very broadly and can also refer to various related concepts, both in the history of philosophy and in contemporary analytic philosophy. It can generally be used to refer to some or all of the following: The primary bearers of truth values (such as "true" and "false"); the objects of belief and other propositional attitudes (i.e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scientific Method
The scientific method is an empirical method for acquiring knowledge that has characterized the development of science since at least the 17th century (with notable practitioners in previous centuries; see the article history of scientific method for additional detail.) It involves careful observation, applying rigorous skepticism about what is observed, given that cognitive assumptions can distort how one interprets the observation. It involves formulating hypotheses, via induction, based on such observations; the testability of hypotheses, experimental and the measurement-based statistical testing of deductions drawn from the hypotheses; and refinement (or elimination) of the hypotheses based on the experimental findings. These are ''principles'' of the scientific method, as distinguished from a definitive series of steps applicable to all scientific enterprises. Although procedures vary from one field of inquiry to another, the underlying process is frequently the sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trier Of Fact
A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred. The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.Law Dictionary: Fact-Finder Accessed 17 November 2008. Juries In a jury trial, a is the trier of fact. The |
Real Evidence
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics. In American law Tampering It is an offense at common law "to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."67 Corpus Juris Secundum ''Corpus Juris Secundum'' (''CJS''; Latin for 'Second Body of the Law')Legal Research and Writing for Paralegals, Published by Wolters Kluwer and written by Deborah E. Bouchoux is an encyclopedia of United States law at the federal and state levels ... ''Obstructing Justice'' § 63 (footnotes omitted). This is also a crime under statutes of many U.S. states. A 2004 review found that 32 states had a statute "that prohibits, in some form, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documentary Evidence
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of digital evidence, such as emails or spreadsheets. Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a witness that the document is genuine, called " laying a foundation". Documentary v. physical evidence A piece of evidence is ''not'' documentary evidence if it is presented for some purpose other than the examination of the contents of the document. For example, if a blood-spattered letter is introduced solely to show that the defendant stabbed the author of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proof (truth)
A proof is sufficient evidence or a sufficient argument for the truth of a proposition. The concept applies in a variety of disciplines, with both the nature of the evidence or justification and the criteria for sufficiency being area-dependent. In the area of oral and written communication such as conversation, dialog, rhetoric, etc., a proof is a persuasive perlocutionary speech act, which demonstrates the truth of a proposition. In any area of mathematics defined by its assumptions or axioms, a proof is an argument establishing a theorem of that area via accepted rules of inference starting from those axioms and from other previously established theorems. The subject of logic, in particular proof theory, formalizes and studies the notion of formal proof. In some areas of epistemology and theology, the notion of justification plays approximately the role of proof, while in jurisprudence the corresponding term is evidence, with "burden of proof" as a concept common to both ph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Observation
Observation is the active acquisition of information from a primary source. In living beings, observation employs the senses. In science, observation can also involve the perception and recording of data via the use of scientific instruments. The term may also refer to any data collected during the scientific activity. Observations can be qualitative, that is, only the absence or presence of a property is noted, or quantitative if a numerical value is attached to the observed phenomenon by counting or measuring. Science The scientific method requires observations of natural phenomena to formulate and test hypotheses. It consists of the following steps: # Ask a question about a natural phenomenon # Make observations of the phenomenon # Formulate a hypothesis that tentatively answers the question # Predict logical, observable consequences of the hypothesis that have not yet been investigated # Test the hypothesis' predictions by an experiment, observational study, field study, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hypothetico-deductive Model
The hypothetico-deductive model or method is a proposed description of the scientific method. According to it, scientific inquiry proceeds by formulating a hypothesis in a form that can be falsifiable, using a test on observable data where the outcome is not yet known. A test outcome that could have and does run contrary to predictions of the hypothesis is taken as a falsification of the hypothesis. A test outcome that could have, but does not run contrary to the hypothesis corroborates the theory. It is then proposed to compare the explanatory value of competing hypotheses by testing how stringently they are corroborated by their predictions. Example One example of an algorithmic statement of the hypothetico-deductive method is as follows: :''1''. Use your experience: Consider the problem and try to make sense of it. Gather data and look for previous explanations. If this is a new problem to you, then move to step ''2''. :''2''. Form a conjecture (hypothesis): When nothi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
