{"id":13666,"date":"2018-02-11T18:27:54","date_gmt":"2018-02-11T18:27:54","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13666"},"modified":"2018-02-12T15:26:18","modified_gmt":"2018-02-12T15:26:18","slug":"proof-the-effect-of-evidence-the-establishment-of-a-fact-by-evidence","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13666","title":{"rendered":"Proof – the effect of evidence; the establishment of a fact by evidence"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Judicial Proceedings<\/a> >>>> Terms used in Civil and <\/em>Criminal Proceedings<\/a> >>>> Evidence<\/a>:
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proof<\/span>:<\/span><\/strong>
\nn<\/em>. (13c)<\/span><\/p>\n

1. The establishment or refutation of an alleged fact by evidence; the persuasive effect of evidence in the mind of a fact-finder<\/a>. <\/span><\/strong><\/p>\n

2. Evidence that determines <\/span>the judgment of a court. <\/span><\/strong><\/p>\n

3. An attested document that constitutes legal evidence. <\/span><\/strong>[1]<\/span><\/p>\n

1. Evidence.\u00a0 More precisely, the effect of evidence, the establishment of a fact by evidence. 29 Am J2d Ev \u00a7 2<\/span>.<\/span><\/strong><\/p>\n

A matter of conviction or persuasion resulting from a consideration of the evidence. Dege v Produce Exhcange Bank<\/em>, 212 Minn 44, 2 NW2d 423<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The effect of evidence; the establishment of a fact by evidence.<\/span><\/strong><\/p>\n

2. The conclusion reached after considering the evidence.<\/strong> [3]<\/span><\/p>\n

affirmative proof<\/span> –<\/strong> (18c) Evidence establishing the fact in dispute by a preponderance of the evidence.<\/strong><\/span><\/p>\n

conditional proof<\/span> –<\/strong> (1931) A fact that amounts to proof as long as there is no other fact amounting to disproof. <\/strong>\u2014 aka presumptive proof<\/span><\/strong><\/em>.<\/span><\/p>\n

double proof<\/span> –<\/strong> (1955) 1. <\/strong>Bankruptcy<\/em>. Proof of claims by two or more creditors against the same debt.\u00a0 *\u00a0 This violates the general rule that there can be only one claim with respect to a single debt.<\/strong> 2.<\/strong> Evidence<\/em>. Corroborating government evidence (usu. by two witnesses) required to sustain certain convictions.<\/strong><\/span><\/p>\n

full proof<\/span> –<\/strong> (16c) 1.<\/strong> Civil law<\/em>. Proof by two witnesses or by public instrument.\u00a0 2. Evidence that satisfies the minds of the jury of the truth of the fact in dispute beyond a reasonable doubt.<\/strong><\/span><\/p>\n

literal proof<\/span> –<\/strong> Civil law<\/em>. Written evidence.\u00a0<\/strong> Cf. testimonial proof.<\/span><\/p>\n

negative proof<\/span> –<\/strong> (16c) Proof that establishes a fact by showing that its opposite is not or cannot be true.<\/strong>\u00a0 Cf. positive proof.<\/span><\/p>\n

positive proof<\/span> –<\/strong> (17c) Direct or affirmative proof.<\/strong>\u00a0 Cf. negative proof.<\/span><\/p>\n

preliminary proof<\/span> –<\/strong> (1802) Insurance<\/em>. The first proof offered of a loss occurring under a policy, usually sent in to the underwriters with a notification of the claim.<\/strong><\/span><\/p>\n

proof beyond a reasonable doubt<\/span> –<\/strong> (1834) Criminal procedure<\/em>. Proof that precludes every reasonable hypothesis <\/strong><\/span>except that which it tends to support.\u00a0 *\u00a0 Formerly, this standard required evidence to \u201cestablish the truth of the fact to a reasonable and moral certainty\u201d and \u201cproof to a moral certainty as distinguished from an absolute certainty.\u201d\u00a0 Moral certainty is no longer a synonym for <\/span><\/strong>proof beyond a reasonable doubt.<\/strong>\u00a0 See Victor v. Nebraska<\/em>, <\/strong><\/span><\/span>511 U.S. 1, 8, 12, 114 S.Ct. 1239, 1244, 1246 (1994)<\/strong><\/span>. See REASONABLE DOUBT.<\/span><\/p>\n

testimonial proof<\/span> –<\/strong> (17c) Civil law<\/em>. Proof by the evidence <\/strong><\/span>of witnesses, rather than proof by written instrument.<\/strong>\u00a0 Cf. literal proof.<\/span><\/p>\n

4.<\/strong> Scots law<\/em>. A bench trial.<\/strong><\/span><\/p>\n

proof brief<\/span> –<\/strong> See BRIEF (1).<\/span><\/p>\n

proof of acknowledgment – (18c) An authorized officer\u2019s certification \u2014 based on a third party\u2019s testimony \u2014 that the signature of a person (who usually does not appear before the notary) is genuine and was freely made. <\/strong>\u2014 aka certificate of proof<\/span><\/strong><\/em>; certificate of acknowledgment<\/span><\/strong><\/em>.\u00a0 See ACKNOWLEDGMENT (5).<\/span><\/p>\n

proof of claim<\/span> –<\/strong> (1812) Bankruptcy<\/em>. A creditor\u2019s written statement that is submitted to show the basis and amount of the creditor\u2019s claim<\/strong>. \u2014 Abbr. POC<\/strong><\/em><\/span>.\u00a0 Pl. proofs of claim.<\/span><\/p>\n

> informal proof of claim. (1930) A proof of claim stating a creditor\u2019s demand for payment and intent to hold the debtor\u2019s bankruptcy estate liable, but that does not comply with the Bankruptcy Code\u2019s 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.<\/span><\/p>\n

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.<\/span><\/p>\n

proof of loss. (18c) An insured\u2019s formal statement of loss required by an insurance company before it will determine whether the policy covers the loss.<\/span><\/p>\n

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]
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\u00a0\u00a0\u00a0\u00a0 See degree of proof; failure of proof; positive proof; standard of proof. [3]<\/span><\/p>\n

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References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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