|
Question Of Fact
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Just ... [...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] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Findings Of Facts
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 ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Falsifiability
Falsifiability (or refutability) is a deductive standard of evaluation of scientific theories and hypotheses, introduced by the Philosophy of science, philosopher of science Karl Popper in his book ''The Logic of Scientific Discovery'' (1934). A Scientific theory, theory or hypothesis is falsifiable if it can be logically contradicted by an empirical test. Popper emphasized the asymmetry created by the relation of a universal law with basic observation statements and contrasted falsifiability to the intuitively similar concept of Verifiability (science), ''verifiability'' that was then current in logical positivism. He argued that the only way to verify a claim such as "All swans are white" would be if one could theoretically observe all swans, which is not possible. On the other hand, the falsifiability requirement for an anomalous instance, such as the observation of a single black swan, is theoretically reasonable and sufficient to logically falsify the claim. Popper propo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact–value Distinction
The fact–value distinction is a fundamental epistemological distinction described between: # Statements of fact (positive or descriptive statements), which are based upon reason and observation, and examined via the empirical method. # Statements of value (normative or prescriptive statements), which encompass ethics and aesthetics, and are studied via axiology. This barrier between fact and value, as construed in epistemology, implies it is impossible to derive ethical claims from factual arguments, or to defend the former using the latter. The fact–value distinction is closely related to, and derived from, the is–ought problem in moral philosophy, characterized by David Hume. The terms are often used interchangeably, though philosophical discourse concerning the is–ought problem does not usually encompass aesthetics. David Hume's skepticism In '' A Treatise of Human Nature'' (1739), David Hume discusses the problems in grounding normative statements in positive s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epistemology
Epistemology is the branch of philosophy that examines the nature, origin, and limits of knowledge. Also called "the theory of knowledge", it explores different types of knowledge, such as propositional knowledge about facts, practical knowledge in the form of skills, and knowledge by acquaintance as a familiarity through experience. Epistemologists study the concepts of belief, truth, and justification to understand the nature of knowledge. To discover how knowledge arises, they investigate sources of justification, such as perception, introspection, memory, reason, and testimony. The school of skepticism questions the human ability to attain knowledge while fallibilism says that knowledge is never certain. Empiricists hold that all knowledge comes from sense experience, whereas rationalists believe that some knowledge does not depend on it. Coherentists argue that a belief is justified if it coheres with other beliefs. Foundationalists, by contrast, maintain th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demarcation Problem
In philosophy of science and epistemology, the demarcation problem is the question of how to distinguish between science and non-science. It also examines the boundaries between science, pseudoscience and other products of human activity, like art and literature and beliefs.. Alternative source/ref> The debate continues after more than two millennia of dialogue among philosophers of science and Scientist, scientists in various fields. The debate has consequences for what can be termed "scientific" in topics such as education and public policy. The ancients An early attempt at demarcation can be seen in the efforts of Greek natural philosophers and medical practitioners to distinguish their methods and their accounts of nature from the mythological or mystical accounts of their predecessors and contemporaries. G. E. R. Lloyd noted that there was a sense in which the groups engaged in various forms of inquiry into nature attempt to "legitimate their own positions", laying " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Brief
A brief (Old French from Latin ''brevis'', "short") is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial. :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) are briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. : Appellate briefs are brie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Priori And A Posteriori
('from the earlier') and ('from the later') are Latin phrases used in philosophy to distinguish types of knowledge, justification, or argument by their reliance on experience. knowledge is independent from any experience. Examples include mathematics,Some associationist philosophers have contended that mathematics comes from experience and is not a form of any ''a priori'' knowledge () tautologies and deduction from pure reason. Galen Strawson has stated that an argument is one in which "you can see that it is true just lying on your couch. You don't have to get up off your couch and go outside and examine the way things are in the physical world. You don't have to do any science." () knowledge depends on empirical evidence. Examples include most fields of science and aspects of personal knowledge. The terms originate from the analytic methods found in '' Organon'', a collection of works by Aristotle. Prior analytics () is about deductive logic, which comes from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing and painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. In the RYB color model, brown is made by mixing the three primary colors, red, yellow, and blue. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with fecal matter, plainness, the rustic, although it does also have positive associations, including baking, warmth, wildlife, the autumn and music. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Born in Vienna, Frankfurter immigrated with his family to New York City at age 12. He graduated from Harvard Law School and worked for Henry L. Stimson, the U.S. Secretary of War. Frankfurter served as Judge Advocate General during World War I. Afterward, he returned to Harvard and helped found the American Civil Liberties Union. He later became a friend and adviser of President Franklin D. Roosevelt. After Benjamin N. Cardozo died in 1938, Roosevelt nominated Frankfurter to the Supreme Court. Given his affiliations and alleged radicalism, the Senate confirmed Frankfurter's appointment only after its Judiciary Committee required him to testify in 1939, a practice that became routine in the 1950s. His relations with colleagues were strained by ideological and perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Chicago Press
The University of Chicago Press is the university press of the University of Chicago, a Private university, private research university in Chicago, Illinois. It is the largest and one of the oldest university presses in the United States. It publishes a wide range of academic titles, including ''The Chicago Manual of Style'', numerous academic journals, and advanced monographs in the academic fields. The press is located just south of the Midway Plaisance on the University of Chicago campus. One of its quasi-independent projects is the BiblioVault, a digital repository for scholarly books. History The University of Chicago Press was founded in 1890, making it one of the oldest continuously operating university presses in the United States. Its first published book was Robert F. Harper's ''Assyrian and Babylonian Letters Belonging to the Kouyunjik Collections of the British Museum''. The book sold five copies during its first two years, but by 1900, the University of Chicago Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
