Part III Presumptions and Inferences, 8 Inferences from Evidence or Its Absence

2018 ◽  
Author(s):  
Sourgens Frédéric Gilles ◽  
Duggal Kabir ◽  
Laird Ian A
Keyword(s):  
Direct Evidence ◽  
Witness Testimony ◽  
Standard Of Proof ◽  
Relevant Fact ◽  
Arbitral Proceedings

This chapter discusses the use of inferences. The use of inferences means that the tribunal makes a determination of fact that is not premised upon direct evidence. The tribunal thus is convinced of the truth of a fact despite the absence of a document or witness testimony that would establish that fact first hand. Such findings of fact are relatively frequent, especially when documents are scarce and witness testimony is self-serving. An inference refers thus to a conclusion that as a matter of plausibility a fact must be true in light of other relevant and probative record evidence as well as party conduct in the arbitral proceedings. Moreover, the plausibility of an inference is governed by the same standard of proof as the proof of the relevant fact by direct evidence.

The Determination of Criminal Insanity in Western Nigeria

1976 ◽  
Vol 14 (2) ◽  
pp. 219-245 ◽  
Author(s):  
Leigh Bienen
Keyword(s):  
Expert Testimony ◽  
Direct Evidence ◽  
Emotional Illness ◽  
Criminal Insanity

This article grew out of a more detailed study of all tried cases of homicide in Western Nigeria from 1966 to 1972. While reading more than I00 court transcripts and trial opinions, I was struck by what seemed an inordinately large number of accused with symptoms which westerners associate with mental or emotional illness. I was also conscious of judges being forced to apply an awkward, and at best difficult, standard for the determination of criminal insanity with sparse direct evidence and, in many cases, without the help of expert testimony.

scholarly journals The scattering of α-particles by matter

1910 ◽  
Vol 83 (565) ◽  
pp. 492-504 ◽  
Keyword(s):  
Quantitative Measurement ◽  
Direct Evidence ◽  
Zinc Sulphide ◽  
The Other ◽  
Narrow Slit ◽  
Preliminary Note ◽  
Metal Foils ◽  
Strong Source ◽  
Α Particles

In a preliminary note (‘Roy. Soc. Proc.’ A, vol. 81, p. 174, 1908) on the above subject, experiments were described which gave direct evidence of the scattering of the α -particles. In those experiments a strong source of α -radiation was placed at one end of a long exhausted tube, and the α -particles, after passing through a narrow slit, fell upon a zinc sulphide screen sealed to the other end of the tube. When the pressure inside the tube was very low, the narrow line of scintillations which marked the place of incidence of the α -particles on the screen was well defined, but when the rays on their way to the screen passed through gas or through thin metal foils the edges of this line of scintillations became indistinct. The amount of scattering could be estimated for different foils by placing them in the path of the rays and noting the distribution of the scintillations on the screen. The present investigation was undertaken with a view to obtain a quantitative measurement of the scattering by determining the most probable angle through which an α -particle of definite range is turned by passing through a given thickness of matter. The following are the chief points investigated:— (1) Determination of the amount of scattering produced in different thicknesses of the same material. (2) Comparison of the amounts of scattering produced in different materials. (3) Relation between the velocity of the α -particles and the amount of their scattering.

scholarly journals ANALISIS KEKUATAN ALAT BUKTI SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

2020 ◽  
Vol 2 (2) ◽  
pp. 22
Author(s):  
Rohmat Arif ◽  
Fathurrahman Alfa ◽  
Syamsu Madyan
Keyword(s):  
Supreme Court ◽  
Direct Evidence ◽  
Civil Law ◽  
Qualitative Approach ◽  
Witness Testimony ◽  
Interview Techniques ◽  
Library Research ◽  
Judicial Authority ◽  
Religious Courts ◽  
Material Requirements

A witness is a person who has met the formal and material requirements and his testimony is given in court from what he has seen and experienced by himself, but what if the witness does not see it directly but only hears it from someone else ? in the witness's civil law it is called testimonium de auditu. As for the problems of the statement above is as follows : How about the strength of the witness testimonium de auditu in the divorce case at Religious court in Malang city ? and How is the consideration of judges about the witness testimony de auditu at Religious court in Malang city ?. To answer the questions above, the researcher uses a qualitative approach, The data is collected using documentation interview techniques with three judges as informants, and library research about testimonium de auditu. From the results of the research that has been done it can be concluded that according to the judge, the strength of the witness testimony de auditu at the Religious Court in malang city is not recognized as a tool of evidence, but rather in practice The judge has the authority to examine the witness, and it is not wrong for the judge to hear the witness' testimony, The not as direct evidence. But the testimony can beoconstrued asoa tool of proof of hypothesis with objective and rational judgment and it can serve as a basis fot proving something. And the judge’s consideration of the use ofithe witness deiauditu inidivorceicases inireligious courts malang city. that is based on the article 16 (1) UU Number.14 year 1970 junco. UU Number.4 year 2004 about the main points of judicial authority, jurisprudence supreme court 11 november 1959 number. 308 K/SIP/1959. and This includes cese verstek so there is no objection. Keywords: divorce case, witness testimonium de auditu, religious courts

scholarly journals Kinetic and substrate complex characterization of RamA, a corrinoid protein reductive activase from Methanosarcina barkeri

2020 ◽  
Vol 367 (17) ◽  
Author(s):  
Katherine A Huening ◽  
Ruisheng Jiang ◽  
Joseph A Krzycki
Keyword(s):  
Direct Evidence ◽  
Atp Hydrolysis ◽  
Methanogenic Archaea ◽  
Methanosarcina Barkeri ◽  
Serine Residue ◽  
Substrate Complex ◽  
Apparent Kinetic Parameters ◽  
Kinetics Of

ABSTRACT In microbial corrinoid-dependent methyltransferase systems, adventitious Co(I)-corrinoid oxidation halts catalysis and necessitates repair by ATP-dependent reductive activases. RamA, an activase with a C-terminal ferredoxin domain with two [4Fe-4S] clusters from methanogenic archaea, has been far less studied than the bacterial activases bearing an N-terminal ferredoxin domain with one [2Fe-2S] cluster. These differences suggest RamA might prove to have other distinctive characteristics. Here, we examine RamA kinetics and the stoichiometry of the corrinoid protein:RamA complex. Like bacterial activases, K+ stimulates RamA. Potassium stimulation had been questioned due to differences in the primary structure of bacterial and methanogen activases. Unlike one bacterial activase, ATP is not inhibitory allowing the first determination of apparent kinetic parameters for any corrinoid activase. Unlike bacterial activases, a single RamA monomer complexes a single corrinoid protein monomer. Alanine replacement of a RamA serine residue corresponding to the serine of one bacterial activase which ligates the corrinoid cobalt during complex formation led to only moderate changes in the kinetics of RamA. These results reveal new differences in the two types of corrinoid activases, and provide direct evidence for the proposal that corrinoid activases act as catalytic monomers, unlike other enzymes that couple ATP hydrolysis to difficult reductions.

Nucleic acid and protein synthesis and pattern regulation in hydra

Development ◽  
1969 ◽  
Vol 21 (1) ◽  
pp. 55-70
Author(s):  
S. G. Clarkson
Keyword(s):  
Protein Synthesis ◽  
Dna Synthesis ◽  
Experimental Approach ◽  
Direct Evidence ◽  
Animal Cells ◽  
Rna And Protein Synthesis ◽  
Metabolic Activities ◽  
Time Required ◽  
Pattern Regulation

In a previous paper (Clarkson, 1969) data were presented which indicate that hypostome determination is accompanied by a large and rapid burst of RNA synthesis, a slight stimulation of protein synthesis, and no increase in DNA synthesis. More direct evidence concerning the relative importance of these metabolic activities in hypostome determination is reported in this paper. The experimental approach made use of the transplantation test of Webster & Wolpert (1966) in conjunction with some inhibitors of DNA, RNA and protein synthesis, the rationale being that if these metabolic activities play important roles in the determination of the hypostome, then their inhibition would be expected to have severe effects on the time required for this process. Regarding the inhibitors, hydroxyurea (HU) inhibits DNA synthesis in a variety of animal cells without altering rates of formation of RNA or protein (Young & Hodas, 1964; Yarbro, Kennedy & Barnum, 1965; Schwartz, Garofalo, Sternberg & Philips, 1965).

A comparison between the standard of proof applicable in arbitration and formal adjudication

2020 ◽  
pp. 136571272094333
Author(s):  
Jesus Ezurmendia ◽  
Maria de los Angeles Gonzalez
Keyword(s):  
Due Process ◽  
Burden Of Proof ◽  
Civil Justice ◽  
Standard Of Proof ◽  
Standard Rule

This article aims to describe the application of the standard of proof in arbitration and to question whether the standard to be applied should be the same as or lower than in ordinary civil justice as a result of the contractual origin of the dispute. The determination of the applicable standard takes into consideration the equality of arms and other guarantees of due process, along with the fact of the absence of the standard rule in the Arbitration Act 1996. The arbitrator shall establish these aspects at the beginning of the process, considering also the rules of burden of proof.

Examination of various Gram-negative bacteria for beta-lactamase activity

1968 ◽  
Vol 14 (5) ◽  
pp. 601-603 ◽  
Author(s):  
Pragna Desai ◽  
M. Goldner
Keyword(s):  
Quantitative Data ◽  
Direct Evidence ◽  
Bacterial Species ◽  
Penicillin G ◽  
Gram Negative Bacteria ◽  
Beta Lactamase ◽  
Infrared Spectrophotometry ◽  
Beta Lactam ◽  
Lactam Ring

The beta-lactamase activity in 10 bacterial species from different genera were evaluated where direct evidence and quantitative data were lacking. A quantitative iodometric method and infrared spectrophotometry were used for the determination of the beta-lactamase activity. The organisms tested were shown to have enzyme activity directed against the beta-lactam ring, and on the basis of the activity on two members of the beta-lactam group of antibiotics, penicillin G and cephalosporin C, a particular ratio was obtained for each species. This report supports the fact of the widespread distribution of beta-lactamase and reopens the question of its significance.

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