Essays in Jurisprudence and Legal History (Classic Reprint)

Excerpt from Essays in Jurisprudence and Legal History § I. One fact is evidence of another when it in any degree renders the evidence of that other probable. The quality by virtue of which it has such an effect may be called its probative force, and evidence may be defined as any fact possessing probative

Excerpt from Essays in Jurisprudence and Legal History

§ I. One fact is evidence of another when it in any degree renders the evidence of that other probable. The quality by virtue of which it has such an effect may be called its probative force, and evidence may be defined as any fact possessing probative force. Such force may be of any degree of intensity. Where it is great enough to form a rational basis for an inference, the evidence possessing it constitutes Proof.

An essential requisite for the discovery of truth is the correct measurement of probative force. Now in this matter judicial action differs strikingly from the other departments of action and inquiry.

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