| slovo | definícia |
Roband
(gcide) | Robalito \Rob`a*li"to\
[Webster 1913 Suppl.] Roband \Rob"and\, n. (Naut.)
See Roperand.
[1913 Webster] |
roband
(gcide) | Ropeband \Rope"band`\, n. (Naut.)
A small piece of spun yarn or marline, used to fasten the
head of the sail to the spar. [Written also roband, and
robbin.]
[1913 Webster] |
| | podobné slovo | definícia |
Onus probandi
(gcide) | Onus \O"nus\, n. [L.]
A burden; an obligation.
[1913 Webster]
Onus probandi[L.], the obligation to furnish evidence to
prove an assertion; the burden of proof.
[1913 Webster] |
Roband
(gcide) | Robalito \Rob`a*li"to\
[Webster 1913 Suppl.] Roband \Rob"and\, n. (Naut.)
See Roperand.
[1913 Webster]Ropeband \Rope"band`\, n. (Naut.)
A small piece of spun yarn or marline, used to fasten the
head of the sail to the spar. [Written also roband, and
robbin.]
[1913 Webster] |
DE PROPRIETATE PROBANDA
(bouvier) | DE PROPRIETATE PROBANDA, Eng. Practice. The name of a writ which issues in a
case of replevin when the defendant claims property in the chattels
replevied, and the sheriff makes a return accordingly. The writ directs the
sheriff to summon an inquest to determine on the validity of the claim, and,
if they find for the defendant, the sheriff merely returns their finding.
The plaintiff is not concluded by such finding, he may come into the court
above and traverse it. Hamm. N. P. 456.
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ONUS PROBANDI
(bouvier) | ONUS PROBANDI, evidence. The burden of the proof.
2. It is a general rule, that the party who alleges the affirmative of
any proposition shall prove it. It is also a general rule that the onus
probandi lies. upon the party who seeks to support his case by a particular
fact of which he is supposed to be cognizant; for example, when to a plea of
infancy, the plaintiff replies a promise after the defendant had attained
his age, it is sufficient for the plaintiff to prove the promise and it lies
on the defendant to show that he was not of age at the time. 1 Term. Rep.
648. But where the negative, involves a criminal omission by the party, and
consequently where the law, by virtue of the general principle, presumes his
innocence, the affirmative of the fact is also presumed. Vide 11 Johns. R.
513; 19 Johns. R. 345; 9 M. R. 48; 3 N. S. 576.
3. In general, wherever the law presumes the affirmative, it lies on
the party who denies the fact, to prove the negative; as, when the law
raises a presumption as to the continuance of life; the legitimacy of
children born in wedlock; or the satisfaction of a debt. Vide. generally, 1
Phil. Ev. 156: 1 Stark. Ev. 376; Roscoe's Civ. Ev. 51 Roscoe's Cr. Ev. 55;
B. P. 298; 2 Gall. 485; 1 McCord, 573; 12 Vin. Ab. 201; 4 Bouv. Inst. n.
4411.
4. The party on whom the onus probandi lies is entitled to begin,
notwithstanding the technical form of the proceedings. 1 Stark. Ev. 584; 3
Bouv. last. n. 3043.
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PROPRIETATE PROBANDA
(bouvier) | PROPRIETATE PROBANDA. The name of a writ. See De proprietate probanda.
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SCIRE FACIAS AD DISPROBANDUM DEBTTU
(bouvier) | SCIRE FACIAS AD DISPROBANDUM DEBTTUM. The name of a writ in use in
Pennsylvania, which lies by a defendant in foreign attachment against the
plaintiff, in order to enable him, within a year and a day next ensuing the
time of payment to the plaintiff in the attachment, to disprove or avoid the
debt recovered against him. Act relating to the commencement of actions, s.
61, passed June 13th, 1836.
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