Probatio diabolica (Latin: "devil's proof", "diabolical proof") is a legal requirement to achieve an impossible proof. Where a legal system would appear to require an impossible proof, the remedies are reversing the burden of proof, or giving additional rights to the individual facing the probatio diabolica.
The devil's proof is the logical dilemma that while evidence will prove the existence of something, the lack of evidence fails to disprove it. In essence, the opposing statement's lack of proof makes the statement true in some sense. This connects with the idea that, while substantial evidence may prove the devil's existence, there is no evidence that denies the devil's existence; therefore, one cannot deny the devil's existence.
For example, one party might patent a process for manufacturing an item while another party might then make the item. The patent-holder would normally have to show that the patented process had been improperly used; this is a probatio diabolica, since, on the face of it, the patent-holder cannot prove which process was actually used, which could render the patent useless. Two possible solutions exist:
the burden of proof is reversed by presuming that the second manufacturer has improperly used the patented process, unless they demonstrate that they used some other process; or
the patent-holder is given discovery rights, enabling them to obtain information from the second manufacturer on the process actually used.
Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tribunals in the United States: the "burden of production" and the "burden of persuasion." In a legal dispute, one party is initially presumed to be correct, while the other side bears the burden of producing evidence persuasive enough to establish the truth of facts needed to satisfy all the required legal elements of the dispute. There are varying types of burden of persuasion commonly referred to as standards of proof, and depending on the type of case, the standard of proof will be higher or lower. Burdens of persuasion and production may be of different standards for each party, in different phases of litigation. The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim. After litigants have met the burden of production, they have the burden of persuasion: that enough evidence has been presented to persuade the trier of fact that their side is correct. There are different standards of persuasiveness ranging from a preponderance of the evidence, where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt, as in United States criminal courts.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff demands a legal or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent. This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice.
Russell's teapot is an analogy, formulated by the philosopher Bertrand Russell (1872–1970), to illustrate that the philosophic burden of proof lies upon a person making empirically unfalsifiable claims, rather than shifting the burden of disproof to others.
Tamperproofing, conceptually, is a methodology used to hinder, deter or detect unauthorised access to a device or circumvention of a security system. Since any device or system can be foiled by a person with sufficient knowledge, equipment, and time, the term "tamperproof" is a misnomer unless some limitations on the tampering party's resources is explicit or assumed.
Appeal to the stone, also known as argumentum ad lapidem, is a logical fallacy that dismisses an argument as untrue or absurd. The dismissal is made by stating or reiterating that the argument is absurd, without providing further argumentation. This theory is closely tied to proof by assertion due to the lack of evidence behind the statement and its attempt to persuade without providing any evidence.
Dixon v. United States, 548 U.S. 1 (2006), was a United States Supreme Court case concerning the level of proof required to establish the affirmative defense of duress in a federal criminal case.
Evergreening is any of various legal, business, and technological strategies by which producers extend the lifetime of their patents that are about to expire in order to retain revenues from them. Often the practice includes taking out new patents, or by buying out or frustrating competitors, for longer periods of time than would normally be permissible under the law. Robin Feldman, a law professor at UC Hastings and a leading researcher in intellectual property and patents, defines evergreening as "artificially extending the life of a patent or other exclusivity by obtaining additional protections to extend the monopoly period."
Evidence of absence is evidence of any kind that suggests something is missing or that it does not exist. What counts as evidence of absence has been a subject of debate between scientists and philosophers. It is often distinguished from absence of evidence.
Once an invention is patented in Canada, exclusive rights are granted to the patent holder as defined by s.42 of the Patent Act. Any interference with the patent holder's "full enjoyment of the monopoly granted by the patent" is considered a patent infringement. Making, constructing, using, or selling a patented invention without the patent holder's permission can constitute infringement. Possession of a patented object, use of a patented object in a process, and inducement or procurement of an infringement may also, in some cases, count as infringement.
Under French law, the saisie-contrefaçon is a means of proof of the infringement and, more generally, any violation of an intellectual property right. This procedure permits the holder of the intellectual property right, upon receiving the authorisation of a judge, to call upon a bailiff to record an infringement. In France, the saisie-contrefaçon is one of the most widely used means of obtaining evidence of the existence and extent of an infringement of intellectual property rights.
FTC v. Actavis, Inc., 570 U.S. 136 (2013), was a United States Supreme Court decision in which the Court held that the FTC could make an antitrust challenge under the rule of reason against a so-called pay-for-delay agreement, also referred to as a reverse payment patent settlement. Such an agreement is one in which a drug patentee pays another company, ordinarily a generic drug manufacturer, to stay out of the market, thus avoiding generic competition and a challenge to patent validity. The FTC sought to establish a rule that such agreements were presumptively illegal, but the Court ruled only that the FTC could bring a case under more general antitrust principles permitting a defendant to assert justifications for its actions under the rule of reason.
Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S. 191 (2014), is a case of the Supreme Court of the United States that deals with civil procedure, and specifically with the question of the burden of proof required in pursuing declaratory judgments.
Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 (1965), was a 1965 decision of the United States Supreme Court that held, for the first time, that enforcement of a fraudulently procured patent violated the antitrust laws and provided a basis for a claim of treble damages if it caused a substantial anticompetitive effect.
The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most of the previous evidence law on the admissibility and use of evidence in court proceedings.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
