26 Important Legal Terms & Phrases That We Commonly Use Under Law Of Evidence
Evidence is something that makes plain or clear indication or signs to prove any fact or issue. The purpose of evidence is to prove or disprove anything which is disputed between the parties which helps the court to make their decision and resolve the dispute between the parties.
Fact is anything that has actual existence or something which is already happened and known to be true. In short, Fact means "a thing done".And the evidence is used to present or prove the fact. As per the legal point of view, facts are the information that is used by the lawyers for the preparation of their arguments which they present during the legal proceeding in a court.
The word "Relevant" declares or ensures that the facts which are provided in the dispute are well-connected to the matter of object and makes that facts important in the dispute.
4. Fact in issue
The separate number of facts which are directly or indirectly so connected with the other facts in the matter and helps to elaborate the dispute in a more clear way than any other information which is provided in that particular situation are considered as the "fact in issue".
A piece of written, printed, or in electronic form which provides information i.e. facts or evidence about any legal identity or object, then that piece can be considered as a document.
The demonstration of a specified thing by giving evidence about that thing is considered as proved. Otherwise, under the law of evidence, a fact is considered to be proved when the court satisfied or believes that the fact in the matter actually exists and the court considered its existence.
When something proved to be false then that thing is considered as disproved. A fact is considered to be disproved under the eye of the law when the court doesn't satisfy or believes in the existence of that particular fact.
8. Not Proved
When the court fails to prove or disprove any fact in the matter then that fact is considered as "Not proved". This situation generally occurs when there is an insufficiency of evidence in the favour of that particular fact which declared not proved by the court.
9. May Presume
Its the situation when the law of evidence provided that the court considered the particular fact in the matter as proved until the court itself declare that fact disproved. This kind of scenario is based on the production of evidence in favour of that particular fact; if the provided evidence about the fact doesn't satisfy the court then the court itself declares that fact not proven.
10. Shall Presume
Its the situation when the law of evidence directed that the court considered the particular fact in the matter as proved until the court itself declare that fact disproved. This kind of scenario is based on the production of evidence in favour of that particular fact; if the provided evidence about the fact doesn't satisfy the court then the court itself declares that fact not proven.
11. Conclusive Proof
Conclusive Proof refers to the plain or clear indication of information of something with the help of logical proof about that thing which proves the information true about that thing. In simple words, we can say conclusive proof means transparent and positive proof.
12. Existence of state of mind, body or bodily feeling
A thing that is known to show the objectives of a particular condition of mind such as aim, information, honesty, failure to take proper care over something toward any particular person or shows the objectives of particular condition body or senses which are closely connected to the issue.
13. Facts bearing on the question of whether the act was accidental
When there is a question whether an action by a person was happened by chance then if such action formed part of a number of events of a similar instance of something happening, in each of which the person doing the action was came under difficulties, then such action is close to the thing that is known to be true under the law of evidence.
14. Facts bearing on the question of whether an act was intentional
When there is a question whether an action by a person was done on the reason for which something is done or created or for which something exists then if such action formed part of a number of events of a similar instance of something happening, in each of which the person doing the action was came under difficulties, then such action is close to the thing that is known to be true under the law of evidence.
15. Course of Business
When there is a question whether a particular action was done, state of living of any usual buying and selling of something or the duties levied by a government on imported goods or method of certain commercial activity, then it is closely connected to the thing that is known to be true under the law of evidence.
Admission is a before in time expression of something in speech or writing by an unfavourable person in a lawsuit which can be declared to be true and considered as evidence over information received from other people which cannot provide support to the evidence. It is important for admission to be clear and precise as it is the best proof that an opposite party can depend upon.
17. Admission in civil cases when relevant
In civil cases, admission is not needed to be well connected to the matter of object if it is conveyed in the state of words or by gestures that proof of it is not to be given or under circumstances from which the court can conclude that the parties accepted together that proof of it should not be given.
Collusion is an arrangement between the parties, sometimes that arrangement is forbidden by law and for that reason, the information of arrangement doesn't disclose by the parties to obtain their objective by way of causing someone to believe on something that is not true or by acquiring illegal money from someone by way of deception.
A definite or clear expression of something in speech or writing by which a particular person accepts the truth of the fact of having dedication towards the specified or indirectly expressed illegal action by him or her in the commission of the crime.
20. Documentary Evidence
Documentary evidence is the information introduced during a formal examination of evidence by a judge in order to decide the illegal action in a case of civil or criminal proceedings in the form of a piece written, printed, or electronic matter that provides information.
21. Oral Evidence
A spoken statement is given in the court by a person who claims to have information which is closely connected to an event or other matter of interest.
22. Party Interested
The persons who have the attention related to an owner or ownership or attention related to money in the topic dealt with during the proceeding and who make the statements in writing for the attention.
23. Primary Evidence
A piece of written, printed or electronic matter that provides information having an undisputed origin and not being a copy, collectively we can say, genuine information that is provided as proof in a lawsuit, as compared in such a way as to special importance to differences with the copy of the original.
24. When oral admission as to contents of documents are relevant
An oral admission as to contents of documents is not closely connected, unless and until the party suggesting to prove the oral admission shows that they are entitled to give something, in particular documentation, which confirms the existence of unavailable primary evidence or unless the genuineness of a document produced is in question.
25. When oral admission as to contents of electronic records are relevant
Oral admissions as to the contents of information recorded by a computer that is produced or. received in the initiation, conduct or completion of an agency or individual activity are not closely connected unless the genuineness of that information produced is in question.
26. Which need not be proved
No fact need be proved in any proceeding, which the parties thereto or their agents agree to admit at the time of proceeding before the court, or which, before the proceeding in the court, they agree to admit by any writing under their hands or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings;
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.
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