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Record 1 2013-09-23


Subject field(s)
  • Law of Evidence

Formerly, if there was a scintilla of evidence to support the issues, the judge was bound to leave it to the jury; but now, in every case, it is for the judge to decide whether there is any evidence from which the jury can reasonably find for the party on whom the burden of proof rests. It there is no evidence or a mere scintilla, it is his duty to withdraw the case from the jury and enter judgment for the opposite party. And the test whether evidence only amounts to a scintilla is to assume it uncontradicted, and then inquire whether the jury would be justified in founding a verdict thereon. (Phipson, 13th ed., 1982, p.765)


Scintilla of evidence has been defined as "any material evidence that if true would trend to establish the issue in the mind of a reasonable juror." Other views are that a scintilla of evidence is no evidence or but a spark, gleam, or mere conjecture as distinguished from a reasonable inference. The expression "mere scintilla" of evidence means the least particle of evidence - evidence which, without further evidence, is a mere trifle. "More than a scintilla" may be defined as evidence of probative value having the fitness to induce conviction in the minds of reasonable men. (Corpus juris secundum, 1981, vol.32A, p.628)


  • Droit de la preuve

parcelle de preuve : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).


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