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Conclusive Evidence
Incontrovertible evidence and conclusive evidence (less formally, concrete evidence and hard evidence) are colloquial terms for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion. A "conclusive evidence" clause may be included in a contract or deed of guarantee, having the effect of showing that, in the absence of manifest error, the guarantor is liable to deliver on their guarantee when their obligation is triggered. The Court of Appeal ruled in IIG Capital LLC v Van de Merwe (22 May 2008) that wording in a deed of guarantee, stating that "A certificate in writing signed by a duly authorised officer ... stating the amount at any particular time due and payable by the Guarantor ... shall, save for manifest error, be conclusive and binding on the Guarantor for the purposes hereof" bound the guar ... [...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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact-finder
In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact 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 jury finds the facts and applies them ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guarantee
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, agrees to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee, by contrast, is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs. In legal terminology, the giver of a guarantee is called the surety or the "guarantor". The person to whom the guarantee is given is the creditor or the "obligee"; while the person whose payment or performance is secured thereby is termed "the obligor", "the principal debtor", or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Error
An error (from the Latin , meaning 'to wander'Oxford English Dictionary, s.v. “error (n.), Etymology,” September 2023, .) is an inaccurate or incorrect action, thought, or judgement. In statistics, "error" refers to the difference between the value which has been computed and the correct value. An error could result in failure or in a Deviation (statistics), deviation from the intended performance or behavior. Human behavior One reference differentiates between "error" and "mistake" as follows: In human behavior the norms or expectations for behavior or its consequences can be derived from the intention of the actor or from the expectations of other individuals or from a social grouping or from social norms. (See deviance (sociology), deviance.) Gaffes and faux pas can be labels for certain instances of this kind of error. More serious departures from social norms carry labels such as misbehavior and labels from the legal system, such as misdemeanor and crime. Departures f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IIG Capital LLC
International Investment Group (IIG) is an American financial institution that specializes in short-term trade finance and commercial finance with a focus on emerging markets. Through its affiliate ''IIG Capital'' it provides financing to small and medium-sized merchants, traders and processors with a need for supply chain financing. David Hu (胡大韦 ''Hu Dawei''), cofounder of IIG Capital, served as its chief investment officer (CIO). In April 2022, Hu was sentenced to 12 years in prison for running a Ponzi scheme, defrauding and scamming customers of more than $120 million. Moreover, Hu fabricated documents to hide his financial losses. Hu's partner Martin Silver was also found guilty of running the Ponzi scheme. David Hu's case was handled by the Securities and Commodities Task Force and the United States Department of Justice (DOJ). Attorneys Drew Skinner, Negar Tekeei, and Alex Rossmiller were in charge of prosecuting Hu, and Judge Alvin K. Hellerstein sentenced Hu to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commercial Court (England And Wales)
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ambiguity
Ambiguity is the type of meaning (linguistics), meaning in which a phrase, statement, or resolution is not explicitly defined, making for several interpretations; others describe it as a concept or statement that has no real reference. A common aspect of ambiguity is uncertainty. It is thus an Attribute grammar, attribute of any idea or statement whose intention, intended meaning cannot be definitively resolved, according to a rule or process with a finite number of steps. (The prefix ''wikt:ambi-#Prefix, ambi-'' reflects the idea of "2 (number), two", as in "two meanings"). The concept of ambiguity is generally contrasted with vagueness. In ambiguity, specific and distinct interpretations are permitted (although some may not be immediately obvious), whereas with vague information it is difficult to form any interpretation at the desired level of specificity. Linguistic forms Lexical ambiguity is contrasted with semantic ambiguity. The former represents a choice between a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an alleged act without the presentation of additional facts. By contrast, circumstantial evidence can help prove via inference whether an assertion is true, such as forensics presented by an expert witness. In a criminal case, an eyewitness provides direct evidence of the ''actus reus'' if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called '' smoking gun'' is considered circumstantial. See also * * *Hearsay Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smoking Gun
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught ''in flagrante delicto''. "Smoking gun" refers to the strongest kind of circumstantial evidence, as opposed to direct evidence. Direct evidence would be eyewitness testimony of someone who saw an ''actus reus'' (the actual alleged act), while connected events (the preceding chase, etc.) are considered circumstantial. Phrase origin The phrase originally came from the idea that finding a very recently fired (hence smoking) gun on the person of a suspect wanted for shooting someone would in that situation be nearly unshakable proof of having committed the crime. A variant of the phrase (as "smoking pistol") is used in the Sherlock Holmes story, " The Adventure of the Gloria Scott" (1893). Extended meaning In addition to this, its meaning has evolved in uses completely unrelated to criminal activity: for example, scientific evidence tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
