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Donald Rumsfeld, then US Secretary of Defense, argued against the argument from ignorance when discussing the lack of evidence for WMDs in Iraq prior to the invasion: "Simply because you do not have evidence that something exists does not mean that you have evidence that it doesn't exist." [7] [b] The aphorism "No news is good news". [8]
In Sagan's words, the expression is a critique of the "impatience with ambiguity" exhibited by appeals to ignorance. [2] Despite what the expression may seem to imply, a lack of evidence can be informative. For example, when testing a new drug, if no harmful effects are observed then this suggests that the drug is safe. [3]
Historically, irrelevant evidence referred to evidence that has no probative value, i.e., does not tend to prove any fact. Immaterial refers to evidence that is probative, but not as to any fact material to the case. See Black's Law Dictionary, 7th Ed.). [page needed] lack of foundation; leading question; privilege; vague; ultimate issue testimony
(Scots law, civil law), usually translated as "prior in time, superior in right", the principle that someone who registers (a security interest) earlier therefore ranks higher than other creditors. probatio: Evidence (admissible in a court of law), especially documentary evidence. Types:
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
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. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
Prima facie (/ ˌ p r aɪ m ə ˈ f eɪ ʃ i,-ʃ ə,-ʃ i iː /; from Latin prīmā faciē) is a Latin expression meaning "at first sight", [1] or "based on first impression". [2] The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case.
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.