physical fact rule
physical fact rule 客观事实规则 一项证据法规则，指如果口头证言与客观有形的证据〔physical evidence〕不一致或相牴触，则该证言将不被接受。也称作doctrine of incontrovertible physical facts或incontrovertible-physical-facts doctrine。
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Search Results for: fact in evidence
exclusive evidence
The only facts that have, or are allowed by law to have, any probative force at all on a particular matter in issue.
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fact finder
fact-finder. One or more persons — such as jurors in a trial or administrative-law judges in a hearing — who hear testimony and review evidence to rule on a factual issue. — Also termed finder of fact; fact-trier or trier of fact (in a judicial proceeding); fact-finding board (for a group or committee). See FINDING
traditionary evidence
Evidence derived from a deceased person’s former statements or reputation. • Traditionary evidence is admissible to prove ancestry, ancient boundaries, or similar facts, usu. when no living witnesses are available to testify. [Cases: Boundaries 35(2); Evidence 274, 302. C.J.S. Boundaries § 120; Evidence§§ 306, 322.]
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satisfaction of judgment
satisfaction of judgment. 1. The complete discharge of obligations under a judgment. [Cases: Federal Civil Procedure 2398; Judgment 874–899. C.J.S. Judgments §§ 656–676, 678–692.] 2. The document filed and entered on the record indicating that a judgment has been paid. [Cases: Federal Civil Procedure 2398; Judgment 897. C.J.S. Judgments § 686.] “Generally, a satisfaction of
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satisfaction of the jury
satisfaction of the jury 使陪审团确信；使陪审团无合理的怀疑 对某一事实的证明要达到使陪审团确信的程度，意指必须使陪审团确信该事实的存在，使其相信根据人类的一般观念，对该事实的证明已无可疑之处。要使陪审团确信争议事实的真实性通常较证据优势〔preponderance of evidence〕的要求为高，必须为此提供清楚的、令人信服的证据〔clear and convincing evidence〕。
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material evidence
Evidence having some logical connection with the facts of consequence or the issues. Cf. relevant evidence; immaterial evidence. [Cases: Criminal Law 382; Evidence 143. C.J.S. Criminal Law § 749; Evidence §§ 197, 201–204.]
finding of fact
A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing [he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection]. — Often shortened to finding. See FACT-FINDER. Cf. CONCLUSION OF
presumption of fact
A type of rebuttable presumption that may be, but as a matter of law need not be, drawn from another established fact or group of facts [the possessor of recently stolen goods is, by presumption of fact, considered the thief]. — Also termed factual presumption. [Cases: Evidence 53, 87. C.J.S. Evidence §§ 2, 130–135, 152–154,
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