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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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Legal Definitions - half-proof
Simple Definition of half-proof
In civil law, "half-proof" refers to evidence that, while appearing valid or establishing a prima facie case, is insufficient on its own to support a final sentence or decree. It typically consists of testimony from a single witness or a private instrument, which alone does not meet the full evidentiary standard required for a court's decision.
Definition of half-proof
In civil law, half-proof refers to evidence that, while appearing credible or having some initial weight, is ultimately insufficient on its own to fully establish a claim or support a final judgment. It suggests that while there is some indication of a fact, there isn't enough robust or corroborating evidence to meet the required legal standard for a definitive ruling. This often occurs when evidence is limited to a single source, such as the testimony of only one witness, or a document that lacks official verification or independent support.
Here are a few examples to illustrate this concept:
Scenario 1: Single Witness Testimony
A small business owner sues a former employee for allegedly stealing a valuable client list. The owner testifies under oath that they personally overheard the employee discussing plans to take the list to a competitor. However, there are no other witnesses, no emails, no documents, and no security footage to corroborate this claim.Explanation: The owner's testimony provides a direct accusation and some evidence, but as it comes from a single, interested party without any supporting evidence, a court might consider it "half-proof." It suggests the employee *might* have stolen the list, but it's not strong enough on its own to definitively prove the theft and award damages or impose a judgment against the employee.
Scenario 2: Unverified Private Document
Two neighbors are in a dispute over the exact location of their shared fence line. One neighbor presents an old, undated, and unsigned handwritten note, purportedly from a previous owner, which vaguely describes where the boundary was supposedly agreed upon decades ago. There are no official surveys or property records that match this note.Explanation: The handwritten note serves as a piece of evidence, a "private instrument" that *suggests* a historical boundary agreement. However, because it's undated, unsigned, and lacks any official record or corroborating testimony from someone who witnessed its creation, it constitutes "half-proof." It hints at a fact but is too unreliable to be the sole basis for a court's decision on the property line.
Scenario 3: Circumstantial Evidence Lacking Direct Link
A tenant sues their landlord for damages to their apartment caused by a persistent leak. The tenant provides photos of the water damage, receipts for damaged furniture, and emails showing they reported *general* plumbing issues in the building to the landlord several months prior. However, the tenant cannot provide any specific communication or evidence that they reported *this particular leak* or that the landlord was specifically negligent in addressing the direct cause of the damage.Explanation: The photos and receipts prove damage occurred, and the emails show the landlord was aware of general plumbing problems. This evidence creates a suspicion of negligence. However, without a direct link proving the landlord was specifically notified about *this particular leak* and failed to act, or that the general issues directly caused this specific damage, the evidence might be considered "half-proof." It shows a problem and a general awareness, but not a clear, actionable link to the landlord's specific negligence regarding the damage in question that would be sufficient for a definitive ruling.