Rebus ipsis et factis, a Latin phrase employed in Scots law, signifies “by the facts and circumstances themselves.” It is frequently utilised to deduce a marital agreement based on the surrounding circumstances and actions of the individuals involved.
Rebus Ipsis et Factis is a Latin term used in Scots law that signifies “by the facts and circumstances themselves”. It pertains to a situation where a conclusion can be drawn solely based on the evidence presented by the facts and circumstances of a case, without the need for further explanation or interpretation. For instance, in a marital contract, if a couple has been cohabiting for an extended period, possesses joint bank accounts, property, and children, it can be inferred rebus ipsis et factis that they are married, even without formal registration. This is because the facts and circumstances themselves indicate a committed relationship and the establishment of a family. This principle can also be applied in other legal contexts where the evidence is clear and unambiguous.
“Rebus Ipsis Et Factis” is a Latin phrase that translates to “by the things themselves and by the facts.” It refers to a legal principle that emphasizes the importance of considering the actual circumstances and evidence in a case.
In a legal case, “Rebus Ipsis Et Factis” requires the court to focus on the actual facts and evidence presented, rather than relying solely on assumptions or conjecture. It ensures that decisions are based on objective reality rather than subjective interpretations.
Yes, “Rebus Ipsis Et Factis” can be used as a defence strategy. It allows the defendant to present evidence and facts that directly contradict the prosecution’s claims, thereby challenging the validity of the case against them.
While both phrases are Latin legal principles, “Rebus Ipsis Et Factis” focuses on the actual circumstances and evidence of a case, whereas “Res Ipsa Loquitur” refers to a situation where the facts themselves imply negligence or wrongdoing.
Yes, “Rebus Ipsis Et Factis” is applicable in various types of legal cases, including criminal, civil, and administrative proceedings. It ensures that decisions are based on objective evidence rather than subjective interpretations.
Yes, “Rebus Ipsis Et Factis” can be used in contract disputes. It allows the court to consider the actual circumstances and evidence surrounding the formation and performance of the contract, ensuring a fair and objective resolution.
“Rebus Ipsis Et Factis” does not directly impact the burden of proof in a legal case. However, it emphasizes the importance of presenting strong evidence and facts to support one’s claims, which can ultimately influence the burden of proof.
Yes, “Rebus Ipsis Et Factis” can be used to challenge witness testimony. It allows the opposing party to present contradictory evidence or facts that undermine the credibility or accuracy of the witness’s statements.
“Rebus Ipsis Et Factis” is not directly related to the concept of “beyond a reasonable doubt.” However, it reinforces the importance of presenting strong and compelling evidence to meet the high standard of proof required in criminal cases.
Yes, “Rebus Ipsis Et Factis” can be used in appeals. It allows the appellant to present new evidence or facts that were not considered during the initial trial, potentially influencing the outcome of the appeal.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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