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Перевод: probative
[прилагательное] доказательный; служащий для испытания; [существительное] служащий для испытания
Тезаурус:
- Where there is an oral hearing, written evidence submitted by the applicant must be considered but the tribunal may take account of any evidence of probative value from another source provided that the applicant is informed and allowed to comment on it.
- Indeed, the old common law was not in the least interested in how the police got their evidence; all that mattered was its probative value.
- There would still be the difference between the two sections that, whereas section 5 plainly places the probative burden on the defendant, under section 4, the defendant would have no more than an evidentiary burden to raise the issue, in which case it would be for the prosecutor to establish that he knew that witnesses were present.
- Both English civil and criminal evidential statutes contain provisions concerned with how the court should judge the weight, or probative value, of the evidence.
- In ordinary life it is rare indeed for people to form their beliefs by a process of logical deduction from facts ascertained by a rigorous search for all available evidence and a judicious assessment of its probative value.
- The probative value of the evidence was said to outweigh its prejudicial effect.
- The reverse case, of evidence taken in a civil law country for use in common law proceedings, presents greater difficulties; a deposition or minute taken by a judicial officer, with no cross-examination and perhaps without the parties being represented at all, may have limited probative value or be actually inadmissible in the common law country.
- Therefore, where a document is a copy, the other party could only make significant use of this fact to question the probative value of the evidence if serious questions could be raised regarding the procedures by which the copy was made.
- (3) A document which bears to have been executed by the Funding Council in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if the subscription of the document bears to have been attested by at least one witness.
- The tribunal is not restricted to evidence acceptable in a court of law; provided that it has some probative value the court will not reassess its weight.
- The judge had to ensure that the trial was fair and thus evidence should only be excluded if necessary to ensure that fairness, that is if its probative value was outweighed by its prejudicial effect.
- However, the existence of a discretion in the judge to exclude legally admissible evidence, so as to secure the fairness of the trial, was recognised as extending further than merely the exclusion of evidence more prejudicial than probative.
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