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 ?
There are indisputable facts that should guide lawmakers toward fulfilling their obligation to provide for the common defense.
When you're going to criticize an underachieving team or athlete, make sure you have indisputable facts, statistics and evidence.
The mixed results for both sides of the political spectrum will invariably be disputed, dissected and debated for a considerable period of time to come, but a few indisputable facts need to be recognised.
I reckon that very few indisputable facts will be provided either way.
Yes, money ploughed into the NHS must increase to cope with two indisputable facts, namely an increasing population, coupled with an ever extending life-span.
Skyhawk has reminded readers of the rich Hindu-Muslim heritage and has laid out indisputable facts of a close relationship between Hindus and Muslims, as well as Sufis and yogis in a series of ethnographically detailed articles.
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.
Their dubious claims that climate change is man-made will be issued without any indisputable facts.
NEW YORK -- Two indisputable facts make Hispanic beauty consumers prime targets of both chain drug retailers and suppliers: Hispanics are the fastest-growing demographic in the United States, and they buy more beauty items than the general population.
But there are indisputable facts that must be tackled before the Government have any chance of success.