Dictionary Search: "Conclusive" - Pakistan Law Portal

Conclusive

adj. Authoritative; decisive; convincing <her conclusive argument ended the debate>. Cf. CONCLUSORY.

Inconclusive

adj. (Of evidence) not leading to a conclusion or definite result.

conclusive evidence

1. Evidence so strong as to overbear any other evidence to the contrary. - Also termed conclusive proof. 2. Evidence that, though not irrebuttable, so preponderates as to oblige a fact-finder to come to a certain conclusion.

conclusive presumption

A presumption that cannot be overcome by any additional evidence or argument <it is a conclusive presumption that a child under the age of seven is incapable of committing a felony>. - Also termed absolute presumption; irrebuttable presumption; mandatory presumption; presumption juris et de jure. Cf. rebuttable presumption. "'Conclusive presumptions' or 'irrebuttable presumptions' are usually mere fictions, to disguise a rule of substantive law (e.g., the conclusive presumption of malice from an unexcused defamation); and when they are not fictions, they are usually repudiated by modern courts." John H. Wigmore, A Students' Textbook of the Law of Evidence 454 (1935). "Conclusive presumptions, sometimes called irrebuttable presumptions of law, are really rules of law. Thus it is said that a child under the age of fourteen years is conclusively presumed to be incapable of committing rape. This is only another way of saying that such a child cannot be found guilty of rape." Richard Eggleston, Evidence, Proof and Probability 92 (1978).

conclusive proof

See conclusive evidence (1) under EVIDENCE.

doctrine of the conclusiveness of the judgment

See judicial estoppel under ESTOPPEL.