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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 Legal Terms & Definitions
  • REBUTTAL EVIDENCE That which is given by a party in the cause to explain, repel, counteract or…
  • REBUTTABLE PRESUMPTION An assumption that is deemed fact unless rebutted by reliable conflicting evidence. When prima facie…
  • REBOUTER To repel or bar. The action of the heir by the warranty of his ancestor,…
  • CONCLUSIVE What puts an end to a thing. A conclusive presumption of law, is one which…
  • EXTRINSIC EVIDENCE External evidence, or that which is not contained in the body of an agreement, contract,…
  • COVENANTS PERFORMED In Pennsylvania practice. This is the name of a plea to the action of covenant…
  • REBUTTAL Evidence that is introduced specifically to disprove evidence provided by the opposition, such as a…
  • ALIA ENORMIA Other wrongs. The name given to a general allegation of Injuries caused by the defendant…

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