Search Results for: CONFESS

two witness rule

two-witness rule. 1. The rule that, to support a perjury conviction, two independent witnesses (or one witness along with corroborating evidence) must establish that the alleged perjurer gave false testimony. [Cases: Perjury 34. C.J.S. Perjury § 43.] 2. The rule, as stated in the U.S. Constitution, that no person may be convicted of treason without

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give color

give color 表面上承认 指以明示或默示的方式承认对方当事人的似是而非的权利,而不作任何否认。在普通法诉讼中,提出承认但无效的答辩〔plea of confession and avoidance〕时必须对原告在起诉状中提出的事实给予表面上的承认,否则将构成无法补救的缺陷。

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probator

probator (proh-bay-t[schwa]r), n. Hist. An accused person who confesses to a crime but asserts that another also participated in the crime. • The probator had to undertake to prove the supposed accomplice’s guilt.

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give color

give color, vb. Hist. To admit, either expressly or impliedly by silence, that an opponent’s allegations appear to be meritorious. • In common-law pleading, a defendant’s plea of confession and avoidance had to give color to the plaintiff’s allegations in the complaint or the plea would be fatally defective. See COLOR(2).

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ad levandam conscientiam

ad levandam conscientiam (ad l[schwa]-van-d[schwa]m kon-shee-en-shee-[ schwa]m). [Law Latin] Scots law. For the purpose of easing the conscience. • The phrase typically described certain confessions that a criminal suspect voluntarily made when apprehended and that could be used as evidence in the criminal trial. But an arrested suspect’s responses to questions posed by the arresting

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colo(u)r

colo(u)r n. (1)(废)表面权利;表见权利 诉讼用语。当事人一方承认另一方有表面上的诉权〔prima facie right of action〕,但同时又提出新的事实证明另一方的主张不能构成诉讼理由〔cause of action; ground of action〕即对方的诉讼理由是不充分的。有这样一条规则:在既承认而又持异议的答辩中,必须通过明示或默示,先承认或「给予」表面权利〔confession and avoidance should give colour〕,而后再予以否定。 (2)肤色;有色人种的肤色 (3)生动;多彩(→colored; colored person; color of title)

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