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Rebuttal. In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific arguments (see Counterclaim) put ...
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at ...
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
Others are more willing to allow rebuttal witnesses. This may affect the decision of counsel as to whether to present such information at the start of the trial, or wait and see what the ...
Burden of proof (philosophy) The burden of proof ( Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat – the burden of proof lies with the one who speaks, not the one who denies) is the obligation on a party in a dispute to provide sufficient warrant for its position.
Fairness doctrine. The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that fairly reflected differing viewpoints. [ 1]
Surrebuttal. In an adversarial process, for instance a court proceeding, a surrebuttal is a response to the opposing party's rebuttal; in essence it is a rebuttal to a rebuttal. [1]