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Moralcertai Nyy

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

That degree of certainty which will justify a jury in grounding on it their verdict. It is only probability; but it is called certainty, because every sane man assents to it necessarily from a habit produced by the necessity of acting. Beccaria on Crimes and Punishments, c. 14. Nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us. Puffendorff, Law of Nature, b. 1. c. 2, s 11. A reasonable and moral certainty; a certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. A certainty beyond a reasonable doubt. Shaw, C. J., Commonwealth v. Webster, Bemis' Rep. of the Trial, 469; Com. v. Costley, 118 Mass. 1. Such a certainty "as convinces beyond all reasonable doubt." Parke, B., Best, Presumpt. 257, note; Lawrens v. Lucas, 6 Rich. Eq. (S. C.) 217. See Doubt.