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Opinion

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

1.

In the law of evidence, opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though lending probability to the inference, do not evolve it bya process of absolutely necessary reasoning. An inference necessarily involving certain facts may be stated without the facts, the inference being an equivalent to a specification of the facts; but, when the facts are not necessarily involved in the inference (¢. g., when the inference may be sustained upon either of several distinct phases of fact, neither of which it necessarily involves,) then the facts must be stated.

Whart. Ev. § 510, 2.

A document prepared by an attorney for his client, embodying his understanding of the law as applicable to a state of facts subdecision reached in regard to a canse tried or argued before them, expounding the law as applied to the case, and detailing tle reasons upon which the judgment is based. Oportet quod certa res deducatur in donationem. It is necessary that a certain thing be brought into the gift, or mace the subject of the conveyance. Bract. fol.

15d.

Oportet quod certa res deducatur in judicium. Jenk. Cent. 84. <A thing certain must be brought to judgment.

Oportet quod certa sit res que venditur

It is necessary that there should bea certain thing whichis sold. Tomakea valid sale, there must be certainty as to the thing which is sold. Bract. fol.

616.

Oportet quod certs persone, terre, et certi status comprehendantur in declaratione usuum.

9 Coke, 9.

It is neces. sary that given persons, lands, and estates should be comprehended in a declaration of uses.