Proof – the effect of evidence; the establishment of a fact by evidence

     This page is continued from Judicial Proceedings >>>> Terms used in Civil and Criminal Proceedings >>>> Evidence:


n. (13c)

1. The establishment or refutation of an alleged fact by evidence; the persuasive effect of evidence in the mind of a fact-finder.

2. Evidence that determines the judgment of a court.

3. An attested document that constitutes legal evidence. [1]

1. Evidence.  More precisely, the effect of evidence, the establishment of a fact by evidence. 29 Am J2d Ev § 2.

A matter of conviction or persuasion resulting from a consideration of the evidence. Dege v Produce Exhcange Bank, 212 Minn 44, 2 NW2d 423. [2]

1. The effect of evidence; the establishment of a fact by evidence.

2. The conclusion reached after considering the evidence. [3]

affirmative proof (18c) Evidence establishing the fact in dispute by a preponderance of the evidence.

conditional proof (1931) A fact that amounts to proof as long as there is no other fact amounting to disproof. — aka presumptive proof.

double proof (1955) 1. Bankruptcy. Proof of claims by two or more creditors against the same debt.  *  This violates the general rule that there can be only one claim with respect to a single debt. 2. Evidence. Corroborating government evidence (usu. by two witnesses) required to sustain certain convictions.

full proof (16c) 1. Civil law. Proof by two witnesses or by public instrument.  2. Evidence that satisfies the minds of the jury of the truth of the fact in dispute beyond a reasonable doubt.

literal proof Civil law. Written evidence.  Cf. testimonial proof.

negative proof (16c) Proof that establishes a fact by showing that its opposite is not or cannot be true.  Cf. positive proof.

positive proof (17c) Direct or affirmative proof.  Cf. negative proof.

preliminary proof (1802) Insurance. The first proof offered of a loss occurring under a policy, usually sent in to the underwriters with a notification of the claim.

proof beyond a reasonable doubt (1834) Criminal procedure. Proof that precludes every reasonable hypothesis except that which it tends to support.  *  Formerly, this standard required evidence to “establish the truth of the fact to a reasonable and moral certainty” and “proof to a moral certainty as distinguished from an absolute certainty.”  Moral certainty is no longer a synonym for proof beyond a reasonable doubt.  See Victor v. Nebraska, 511 U.S. 1, 8, 12, 114 S.Ct. 1239, 1244, 1246 (1994). See REASONABLE DOUBT.

testimonial proof (17c) Civil law. Proof by the evidence of witnesses, rather than proof by written instrument.  Cf. literal proof.

4. Scots law. A bench trial.

proof brief See BRIEF (1).

proof of acknowledgment – (18c) An authorized officer’s certification — based on a third party’s testimony — that the signature of a person (who usually does not appear before the notary) is genuine and was freely made. — aka certificate of proof; certificate of acknowledgment.  See ACKNOWLEDGMENT (5).

proof of claim (1812) Bankruptcy. A creditor’s written statement that is submitted to show the basis and amount of the creditor’s claim. — Abbr. POC.  Pl. proofs of claim.

> informal proof of claim. (1930) A proof of claim stating a creditor’s demand for payment and intent to hold the debtor’s bankruptcy estate liable, but that does not comply with the Bankruptcy Code’s form for proofs of claim. 0 A late-filed proof of claim may be given effect if the creditor had timely filed an informal proof of claim.

proof of debt. (18c) The establishment by a creditor of a debt in some prescribed manner (as by affidavit) as a first step in recovering the debt from an estate or property; PROOF OF CLAIM.

proof of loss. (18c) An insured’s formal statement of loss required by an insurance company before it will determine whether the policy covers the loss.

proof of service. (18c) 1. A document filed (as by a sheriff) in court as evidence that process has been successfully served on a party. -Also termed return of service; return of process. See SERVICE (1). 2. CERTIFICATE OF SERVICE (1). [1]

     See degree of proof; failure of proof; positive proof; standard of proof. [3]



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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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