Indisputable Facts

Indisputable Facts

 

in civil law and procedure, circumstances of importance for the proper resolution of a civil case, the existence of which are not disputed by the parties. A fact is indisputable if its presence is corroborated by the explanations of the plaintiff and the defendant—an affirmation by one side and an acknowledgment by the other. For example, a plaintiff, obligated to prove the existence of a certain fact on which his claim is based, gives an explanation in court and affirms that this fact exists; and the defendant, in his explanation, acknowledges that this fact actually took place. In Soviet, as distinct from bourgeois, civil procedure, the acknowledgment of a fact by a party is not compulsory for the court, since the court is not obliged to consider an indisputable fact a truth requiring no further examination. The court may acknowledge that an indisputable fact is established and make it the basis of the decision in the case if there is no doubt as to the truth of the existence of the fact. If, on the other hand, a circumstance is indicated which prompts the court to have doubts, it must verify through other evidence that the indisputable fact exists in reality.

References in periodicals archive ?
The indisputable facts are that the church has changed dramatically during the past half century: that it will continue to change dramatically in the near- to long-term future: and that the old forms that served immigrant populations of the last century no longer work and are unsustainable.
The simple indisputable facts are that, if we rely entirely on the environmentalists' beloved, but hopelessly inefficient, wind turbines and solar panels, there is going to be genuine fuel poverty for everybody, and this country's future economic prospects are going to be severely damaged.
So, perhaps we need to go back to two indisputable facts on public record.
But there are certain indisputable facts, principally that the BBC has pulled a primetime programme at a few days' notice amid concern at the content, namely the apparent pawning by Mr Olley of the car.
We urge Chicago residents to consider these indisputable facts before considering bringing a handgun into their homes--an act that could well prove fatal to themselves or a loved one.
Their dubious claims that climate change is man-made will be issued without any indisputable facts.
But there are indisputable facts that must be tackled before the Government have any chance of success.
This is based on two indisputable facts - they have a population of 36 and they aren't very good at sport.
Here are another batch of indisputable facts and figures which are there in the record books.
There are at least two indisputable facts about local government in the county of Northumberland.
Here are a few indisputable facts to ponder as we undertake our voyage over the troubled waters of institutional fragility, merger, and consolidation:
He said: "If today, we really had indisputable facts demonstrating that from the territory of Iraq there was a direct threat to the United States, Russia would use any means to help.