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Legal Definitions - conjectural choice, rule of
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Definition of conjectural choice, rule of
Definition: The principle that no basis for recovery is presented when all theories of causation rest only on guesswork or supposition.
Example: In a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If the prosecution's case relies solely on conjecture or speculation, the rule of conjectural choice would prevent the defendant from being convicted.
This principle is important because it ensures that legal decisions are based on solid evidence and not just guesswork. It protects individuals from being wrongly accused or convicted based on flimsy or unreliable evidence.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Simple Definition
Conjectural choice, rule of: This means that if there is no clear evidence to prove something, then it cannot be used as a basis for a legal case. Conjecture means guessing or supposing, and if all theories of causation are based only on conjecture, then there is no basis for recovery. In simpler terms, if there is no solid proof, then it cannot be used in court.
If we desire respect for the law, we must first make the law respectable.
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