|
Operative Fact
An operative fact is a legally relevant fact that establishes a legal relationship between persons. For example, if a person is the beneficiary of a disability insurance policy, that person becomes entitled to benefits upon becoming disabled. Proof of disability is an operative fact, because it establishes the beneficiary's legal right to receive the insurance benefits. Any fact that tends to prove or disprove the existence of another fact is classified as an evidential fact. An operative fact may also be an evidential fact, but not necessarily. Similarly, additional evidence may be required before a legal relationship is proved. For example, if one person strikes another person, then that fact may create legal right to recover damages for battery and potentially establishing a legal relationship. That same act could be evidence of the defendant's state of mind. In litigation, operative and material facts are relevant to a decision of the court. All operative facts are material fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature. Under the Federal Rules of Evidence (United States) Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows: This definition incorporates the requirement that evidence be both material ("of consequence to the determination of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact
A fact is a datum about one or more aspects of a circumstance, which, if accepted as true and proven true, allows a logical conclusion to be reached on a true–false evaluation. Standard reference works are often used to check facts. Scientific facts are verified by repeatable careful observation or measurement by experiments or other means. For example, "This sentence contains words." accurately describes a linguistic fact, and "The sun is a star" accurately describes an astronomical fact. Further, "Abraham Lincoln was the 16th President of the United States" and "Abraham Lincoln was assassinated" both accurately describe historical facts. Generally speaking, facts are independent of belief and of knowledge and opinion. Facts are different from theories, values, and objects. Etymology and usage The word ''fact'' derives from the Latin ''factum''. It was first used in English with the same meaning: "a thing done or performed"a meaning now obsolete."Fact" (1a). Oxford Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (tort)
At common law, battery is a tort falling under the umbrella term 'Trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent. Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), with or without a weapon, or the contact may be by an object brought about by the tortfeasor. For example, the intentionally bringing a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is sev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Material Fact
A material fact is a fact that a reasonable person would recognize as relevant to a decision to be made, as distinguished from an insignificant, trivial, or unimportant detail. In other words, it is a fact, the suppression of which would reasonably result in a different decision. Falsification of a material fact that would cause a party to a contract to refrain from entering into the contract may be grounds for rescission. For example, misrepresentation of a material fact on an application for insurance may give an insurance company grounds to rescind an insurance policy. See also *Materiality (law) *Material witness In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of ... References {{Authority control Legal terminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Semiotics
Semiotics (also called semiotic studies) is the systematic study of sign processes ( semiosis) and meaning making. Semiosis is any activity, conduct, or process that involves signs, where a sign is defined as anything that communicates something, usually called a meaning, to the sign's interpreter. The meaning can be intentional such as a word uttered with a specific meaning, or unintentional, such as a symptom being a sign of a particular medical condition. Signs can also communicate feelings (which are usually not considered meanings) and may communicate internally (through thought itself) or through any of the senses: visual, auditory, tactile, olfactory, or gustatory (taste). Contemporary semiotics is a branch of science that studies meaning-making and various types of knowledge. The semiotic tradition explores the study of signs and symbols as a significant part of communications. Unlike linguistics, semiotics also studies non-linguistic sign systems. Semiotics includes th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
