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Evidence
Ch. V Judiciary application
(1) 5 §.7 Security against falshood
§ Fallaciousness Deception its modes
Art. Master of falsity
with reference to the effect
and without reference to the
source.
1 Relevant
1 Falsity asserted
2. Do do in degree
2. Do in circumstance
3. Irrelevant falsity
☞ For Examples make reference to
the case of application, and
the hand of Evidence, considered with relation to the effect
1
Falsity
1 essential
2 in circumstances
3 in degree
4 irrelevant
Art. 1 Falsity essential, 2 falsity in circumstance,
3 falsity in degree, 4 falsity irrelevant. The distinction noted by
expressed by these appellations will be noted by the Judge.
2
Falsity essential what
I Art 1. By falsity essential understand is dwelled/is designated the case
in which supposing the assertion false the claim of the applicant
can not justly be sustained.
falls to the ground.
3
Examples — Subject
of demand
1 money for debt
2 delivery of an
individual thing
3 money for satisfaction
4 application information
Examples
Case 1. Subject of Demand money on the ground of common an ordinary debt.
Case 2. Subject of demand delivery of an individual thing
moveable or immoveable — single simple or aggregate
Example
Case 3. Subject of demand money in satisfaction for a
wrong by the offence of simple corporal vexation
Case 4. Subject of demand as of application informative
without demand, publico-private wrong by theft
Example
4
For other modes of
fallaciousness See Book
of fallacies
Art.1. For modes of deceptiousness or say fallaciousness other than
falsity see The Book of Fallacies.
5
In fallaciousness
include irrelevancy
Art. 2. Included in such fallaciousness is irrelevancy:
with irrelevancy of the text evidence delivered in
relation to the fact properly in question.
6
Falsity 1 compleatly
contradictory to truth
2. incompleatly so
Art. 3. Falsity (situation when not irrelevant) is
either compleatly contradictory to the truth or incompleatly
contradictory to the truth
7
Falsity incompleatly so
is either in degree or
in circumstance
Art. 4. Falshood which is incompleatly contradictory
to the truth is so either in degree or in circumstance.
Identifier: | JB/052/257/001 "JB/" can not be assigned to a declared number type with value 52.
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