Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Proof
n. 1. The establishment or refutation of an alleged fact by evidence; the persuasive effect of evidence in the mind of a fact-finder. 2. Evidence that determines the judgment of a court. 3. An attested document that constitutes legal evidence.
affirmative proof
Evidence establishing the fact in dispute by a preponderance of the evidence.
burden of proof
1. A party's duty to prove a disputed assertion or charge. 0 The burden of proof includes both the burden of persuasion and the burden of production. - Also termed onus probandi. 2. Loosely, BURDEN OF PERSUA. SION."In the past the term 'burden of proof has been used in two different senses. (1) The burden of going forward with the evidence. The party having this burden must introduce some evidence if he wishes to get a certain issue into the case. If he introduces enough evidence to require consideration of this issue, this burden has been met. (2) Burden of proof in the sense of carrying the risk of nonpersuasion. The one who has this burden stands to lose if his evidence fails to convince the jury - or the judge in a nonjury trial. The present trend is to use the term 'burden of proof only with this second meaning Rollin M. Perkins & Ronald N. Boyce, Criminal Law 78 (3d ed. 1982).
certificate of proof
See proof of acknowledgment under ACKNOWLEDGMENT. certificate of prothonotary
clear and convincing proof
See clear and convincing evidence under EVIDENCE.
conclusive proof
See conclusive evidence (1) under EVIDENCE.
conditional proof
See PROOF
degree of proof
See BURDEN OF PRODUCTION.
double proof
See PROOF.
due proof
Sufficient and properly submitted evidence to produce a result or support a conclusion, such as an entitlement to benefits supported by an insurance policy.
failure of proof
See FAILURE.
full proof
1. Civil law. Proof by two witnesses or by public instrument. 2. Evidence that satisfies the minds of the jury of the truth of the fact in dispute beyond a reasonable doubt.
full proof.
See PROOF.
half-proof.
Civil law. 1. Proof established by one witness, or by a private instrument. See UNUS NULLUS RULE. 2. Prima facie proof that is nonetheless insufficient to support a sentence or decree.
informal proof of claim
A proof of claim stating a creditor's demand for payment and intent to hold the debtor's bankruptcy estate liable, but that does not comply with the Bankruptcy Code's form for proofs of claim. ( A late-filed proof of claim may be given effect if the creditor had timely filed an informal proof of claim.
informal proof of claim.
See PROOF OF CLAIM
judgment-proof
adj. (Of an actual or potential judgment debtor) unable to satisfy a judgment for money damages because the person has no property, does not own enough property within the court's jurisdiction to satisfy the judgment, or claims the benefit of statutorily exempt property. - Also termed execution-proof:
literal proof
Civil law. Written evidence. Cf. testimonial proof.
mace-proof
ub. To exempt from an arrest; to secure against an arrest.
middle burden of proof
A level of required persuasion, between the preponderance-of-theevidence standard and the beyond-a-reasonable-doubt standard, by which a party is required to prove a fact by clear and convincing evidence. See clear and convincing evidence under EVIDENCE.
negative proof
Proof that establishes a fact by showing that its opposite is not or cannot be true. Cf. positive proof.
offer of proof
Procedure. A presentation of evidence for the record (but outside the jury's presence) usu. made after the judge has sustained an objection to the admissibility of that evidence, so that the evidence can be preserved on the record for an appeal of the judge's ruling. a An offer of proof, which may also be used to persuade the court to admit the evidence, consists of three parts: (1) the evidence itself, (2) an explanation of the purpose for which it is offered (its relevance), and (3) an argument supporting admissibility. Such an offer may include tangible evidence or testimony (through questions and answers, a lawyer's narrative description, or an affidavit). Fed. R. Evid. 103(a)(2). - Also termed avowal.
policy proof of interest
Insurance. Evidence - shown by possession of a policy -that a person making a claim has an insurable interest in the loss. - Abbr. PPI.
positive proof
Direct or affirmative proof. Cf. negative proof.
preliminary proof
Insurance. The first proof offered of a loss occurring under a policy, usu. sent in to the underwriters with a notification of the claim.
presumptive proof
See conditional proof under PROOF.
proof beyond a reasonable doubt
Proof that precludes every reasonable hypothesis except that which it tends to support.
proof brief
See BRIEF.
proof of acknowledgment
An authorized officer's certification - based on a third party's testimony - that the signature of a person (who usu. does not appear before the notary) is genuine and was freely made. - Also termed certificate of proof.
proof of claim
Bankruptcy. A creditor's written statement that is submitted to show the basis and amount of the creditor's claim. Pl. proofs of claim.
proof of debt
The establishment by a creditor of a debt in some prescribed manner (as by affidavit) as a first step in recovering the debt from an estate or property; PROOF OF CLAIM.
proof of loss
An insured's formal statement of loss required by an insurance company before it will determine whether the policy covers the loss.
proof of service
A document filed (as by a sheriff) in court as evidence that process has been successfully served on a party. - Also termed return of service. See SERVICE (1). proof of will See PROBATE (1).
proof, burden of
See BURDEN OF PROOF.
satisfactory proof
See satisfactory evidence under EVIDENCE.
shifting the burden of proof
In litigation, the transference of the duty to prove a fact from one party to the other; the passing of the duty to produce evidence in a case from one side to another as the case progresses, when one side has made a prima facie showing on a point of evidence, requiring the other side to rebut it by contradictory evidence. See BURDEN OF PROOF.
standard of proof
The degree or level of proof demanded in a specific case, such as "beyond a reasonable doubt" or "by a preponderance of the evidence." See BURDEN OF PERSUASION.
testimonial proof
Civil law. Proof by the evidence of witnesses, rather than proof by written instrument. Cf. literal proof.