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Home » Law Dictionary » R » REBUT

REBUT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evidence which proves the death; and this presumption it lies on the defendant to rebut by showing that it was justifiable or excusable. Allis. Prin.

Law Dictionary – Alternative Legal Definition

In pleading and evidence. To rebut is to defeat or take away the effect ot something. Thus, when a plaintiff in an action produces evidence which raises a presumption of the defendant’s liability, and the defendant adduces evidence which shows that the presumption is ill-founded, he is said to “rebut it” Sweet. In the old law of real property, to rebut was to repel or bar a claim. Thus, when a person was sued for land which had been warranted to him by the plaintiff or his ancestor, and he pleaded the warranty aa a defense to the action, this was called a “rebutter.” Co. Litt. 865a; Termes de la Ley. Rebut an equity. To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that it is overridden by a superior or countervailing equity. See 2 Whart Ev. f 973.

Related Posts:

  • REBUTTABLE PRESUMPTION
  • CONCLUSIVE
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  • EXTRINSIC EVIDENCE
  • REBUTTAL
  • ALIA ENORMIA

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