proof

The effect of evidence; the establishment of a fact by evidence. New England Newspaper Pub. Co. v. Bonner, C.C.A.Mass., 77 F.2d 915, 916.

Any fact or circumstance which leads the mind to the affirmative or negative of any proposition. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged. Ellis v. WolfeShoemaker Motor Co., 227 Mo.App. 508, 55 S.W.2d 309.

The establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. Calif. Evidence Code, No. 190.

See also burden of going forward

- burden of persuasion

- burden of producing evidence

- burden of proof

- clear and convincing proof

- clear evidence or proof

- degree of proof

- evidence

- failure of proof

- inference

- offer of proof

- presumption

- reasonable doubt

- Testimony.

Evidence and proof distinguished.

Proof is the logically sufficient reason for assenting to the truth of a proposition advanced. In its juridical sense it is a term of wide import, and comprehends everything that may be adduced at a trial, within the legal rules, for the purpose of producing conviction in the mind of judge or jury, aside from mere argument; that is, everything that has a probative force intrinsically, and not merely as a deduction from, or combination of, original probative facts.

But "evidence" is a narrower term, and includes only such kinds of proof as may be legally presented at a trial, by the act of the parties, and through the aid of such concrete facts as witnesses, records, or other documents.

Thus, to urge a presumption of law in support of one's case is adducing proof, but it is not offering evidence.

"Belief is a subjective condition resulting from proof. It is a conviction of the truth of a proposition, existing in the mind, and induced by persuasion, proof, or argument addressed to the judgment. Proof is the result or effect of evidence, while evidence is the medium or means by which a fact is proved or disproved, but the words "proof and "evidence" may be used interchangeably.

Proof is the perfection of evidence; for without evidence there is no proof, although there may be evidence which does not amount to proof; for example, if a man is found murdered at a spot where another has been seen walking but a short time before, this fact will be evidence to show that the latter was the murderer, but, standing alone, will be very far from proof of it.

- burden of proof

- preliminary proof

- proof evident or presumption great

@ affirmative proof

Evidence establishing the fact in dispute by a preponderance of the evidence.

+ affirmative proof

Such evidence of the truth of matters asserted as tends to establish them, regardless of character of evidence offered

See also preponderance of evidence.

@ degree of proof

Refers to effect of evidence rather than medium by which truth is established, and in this sense expressions "preponderance of evidence" and "proof beyond reasonable doubt" are used.

+ degree of proof

That measure of cogency required to prove a case depending upon the nature of the case. In a criminal case such proof must be beyond a reasonable doubt, whereas in most civil cases such proof is by a fair preponderance of the evidence.

See also burden of proof

- proof (proof beyond a reasonable doubt)

- preponderance of evidence

- reasonable doubt

@ full proof

In the civil law, proof by two witnesses, or a public instrument. Evidence which satisfies the minds of the jury of the truth of the fact in dispute, to the entire exclusion of every reasonable doubt.

See prima facie

- proof

@ half proof

See half.

@ negative proof

See positive proof, below

@ positive proof

Direct or affirmative proof. That which directly establishes the fact in question; as opposed to negative proof, which establishes the fact by showing that its opposite is not or cannot be true

@

- preliminary proof

@ proof beyond a reasonable doubt

Such proof as precludes every reasonable hypothesis except that which it tends to support and which is wholly consistent with defendant's guilt and inconsistent with any other rational conclusion. State v. Dubina, 164 Conn. 95, 318 A.2d 95, 97.

Such is the required standard of proof in criminal cases.

See also reasonable doubt

Compare probable cause

@ proof evident

@ presumption great

@ proof evident or presumption great

proof evident or presumption great

As used in constitutional provisions that accused shall be bailable unless for capital offenses when the "proof is evident" or "presumption great," means evidence clear and strong, and which leads well guarded, dispassionate judgment to conclusion that accused committed offense and will be punished capitally. Ex parte Coward, 145 Tex.Cr.R. 593, 170 S.W.2d 754, 755; Ex parte Goode, 123 Tex.Cr.R. 492, 59 S.W.2d 841

@ proof of claim

Statement under oath filed in a bankruptcy proceeding by a creditor in which the creditor sets forth the amount owed and sufficient detail to identify the basis for the claim. Also used in probate proceedings to submit the amount owed by the decedent to the creditor and filed with the court for payment by the fiduciary.

See Bankruptcy Code No. 501

@ proof of debt

The formal establishment by a creditor of his debt or claim, in some prescribed manner (as, by his affidavit or otherwise), as a preliminary to its allowance, along with others, against an estate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person or a firm or company in liquidation.

See proof of claim, above

@ proof of loss

A formal statement made by the policyowner to the insurer regarding a loss, intended to give insurer enough information to enable it to determine the extent of its liability under a policy or bond

@ proof of service

Evidence submitted by a process server that he has made service on a defendant in an action. It is also called a return of service. Fed.R.Civil P. 4

@ proof of will

A term having the same meaning as "probate," (q.v.), and used interchangeably with it. Standard of proof. A statement of how convincing the evidence must be in order for a party to comply with his/her burden of proof. The main standards of proof are: proof beyond a reasonable doubt (in criminal cases only), proof by clear and convincing evidence, and proof by a preponderance of the evidence

@