define substantial evidence
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SUBSTANTIAL EVIDENCE Substantial evidence means more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.. Richardson v. Perales, 402 U.S. 389, 401 (1971).
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-  Tweet Share on Twitter Share Share on Facebook Pin Pinterest 80 Comments ⋆ Rec Recommend this Post 2. As SuperBaes already noted in the FanPosts, longtime NL Central third baseman Aramis Ramirez appears set to retire after the 2015 season.
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Relevance (law) Under Rule 403 of the Federal Rules of Evidence, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of one or more of the enumerated grounds for exclusion. The grounds for exclusion are:
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The Use of Proof in Negligence Forensic science is one of the key components used to provide circumstantial evidence in a case, and has been successful in doing so. There is an type of circumstantial evidence, which is also referred to as a doctrine in the field, that serves to prove negligence known as res ipsa loquitur. Res ipsa loquitur requires that four elements be provided in order for the evidence to be valid and existent.
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- 78) Third, where a defendant has not made a request at all, or has made only a general request for exculpatory evidence, the test of materiality is whether the omitted evidence creates a reasonable doubt that did not otherwise exist.
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evidence Definition of evidence. 1a : an outward sign : indicationb : something that furnishes proof : testimony; specifically : something legally submitted to a tribunal to ascertain the truth of a matter.
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Inculpatory evidence Inculpatory evidence is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law,[1] the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution's case or the defendant's case.
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substantial of ample or considerable amount, quantity, size, etc.: a substantial sum of money. 2. of a corporeal or material nature; tangible; real. 3. of solid character or quality; firm, stout, or strong: a substantial physique.
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conclusive Conclusive evidence is evidence that is either unquestionable because it is so clear and convincing or because the law precludes its contradiction. A death certificate is considered conclusive evidence that a person has died.
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Evidence The burden of proof is the obligation of a party in an argument or dispute to provide sufficient evidence to shift the other party's or a third party's belief from their initial position. The burden of proof must be fulfilled by both establishing confirming evidence and negating oppositional evidence.
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Direct Evidence: Definition, Law & Examples Laws Governing the Use of Direct Evidence. Like most laws, the rules governing the use of direct evidence vary depending on the jurisdiction. A common rule is that evidence must be relevant before it can be used in a trial. This means that the evidence must be related to the case at trial.
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- Whether a substantial evidence question is raised in an article 78. proceeding is determined by the substance of the petition and not by. petitioner's characterization of his claims ..............................
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Inculpatory Vs. Exculpatory Evidence Any evidence that is favorable to the defendant in a criminal trial is considered exculpatory. Likewise, any evidence favorable to the prosecution is inculpatory. Although this sounds simple, many attorneys and defendants do not understand the ins and outs.
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Circumstantial evidence An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out [citation needed]. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact in order to support the truth of an assertion (of guilt or absence of guilt).
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Evidence Real Evidence: This form of evidence is any object or matter relevant to the case in question. Real evidence is typically an object that is directly involved in some aspect of the case. To be deemed admissible, real evidence—similar to the other forms of evidence—must be material, competent and relevant.
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Admissible Evidence Admissible Evidence. Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered. To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).
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Search Legal Terms and Definitions Search Legal Terms and Definitions. substantial performance. n. in the law of contracts, fulfillment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects. A simple test is whether the omission, variance or defect can be easily compensated for with money.
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Preponderance of Evidence A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true.
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Burden of proof (law) One of the least reliable standards of proof, this assessment is often used in administrative law, and often in Child Protective Services (CPS) proceedings in some states. The some credible evidence standard is used as a legal placeholder to bring some controversy before a trier of fact, and into a legal process.
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What Is Admissible Evidence? Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. 1  Criminal Law: In criminal law, evidence is used to prove a defendant's guilt beyond a reasonable doubt.
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- The term preponderance of the evidence means the greater weight of the credible evidence admitted in this case. A preponderance of the evidence is not measured by the number of witnesses or by the number of documents admitted in evidence.
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21-DAY MEAL PLAN 1 Heat about 1 tbsp of olive oil in a medium sized saucepan. 2  Add the chopped onion and fry over a gentle heat until the onion is translucent and soft. 3  Add the tomatoes with their juice to the onion and stir well. 4  Finally add some dried oregano, freshly chopped basil leaves and season with salt and pepper. Once the sauce starts to boil, reduce the heat to low, cover the pan with the lid and simmer gently for around 20 minutes or until the sauce has thickened. 2  Once the desired consistency has been reached, remove the pan from the heat and stir in the freshly chopped basil.
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Burden of proof (law) Clear and convincing proof means that the evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.
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"Definition of ""Broad evidence rule""" The thesis of this rule is that whatever evidence that can be produced of the true value of the property is admissible; the factual insurable value of the property can be ascertained by whatever measures provide the most accurate picture of that property's real value.
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Admissibilty of Evidence/Exclusionary Rule The Admissibility of Evidence and the Exclusionary Rule. Prosecutors and defendants in criminal proceedings may present evidence in support of their cases. The state has the burden of proving guilt beyond a reasonable doubt, while the defendant may present evidence to challenge the state’s case.