Equipose Rule - Where the evidence gives rise to

two probabilities,
one consistent with defendants innocence, and
another indicative of
his guilt, that which is favorable to the accused should
be considered.
Estoppel By Deed the tenant is not permitted to
deny title of his
landlord at the time of the commencement of the landlord tenant
relationship. If the title asserted is one that is alleged
to have been
acquired subsequent to the commencement of that
relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own
declaration, act,
or omission, intentionally and deliberately lead
another to believe a
particular thing to be true and act upon such belief, he
cannot, in
any litigation arising out of such declaration, act or
omission, be
permitted to falsify it.
Expert Witness - one who belongs to the profession
or calling to which
the subject matter of the inquiry relates to and who
possesses special
knowledge on questions on which he proposes to
express an opinion.
Express Admissions - are those made in definite,
certain and unequivocal
language.
Extra Judicial Admissions - are those made out of
court, or in a judicial
proceeding other than the one under consideration.
Fact - thing done or existing.
Facts In Issue - are those facts which the plaintiff
must prove in order
to establish his claim and those facts which the
defendant must prove
in order to establish a defense set up by him, but only
when the fact
alleged by the one party is not admitted by the other
party.
Facts Relevant To The Issue - are those facts which
render the probable
existence or non-existence of a fact in issue, or some
other relevant
fact.
Factum Probandum - the ultimate fact or the fact
sought to be established.

- Refers to proposition
Factum Probans - is the evidentiary fact or the fact
by which the factum
probandum is to be established. Materials which
establish the proposition.
Hearsay Rule - Any evidence, whether oral or
documentary is hearsay if
its probative value is not based on the personal
knowledge of the
witness but on the knowledge of some other person
not on the witness
stand.
Impeaching Evidence - a proper foundation must be
laid for the impeaching
questions, by calling attention of such party to his
former statement
so as to give him an opportunity to explain before
such admissions are
offered in evidence.
Implied Admissions - are those which may be
inferred from the acts,
declarations or omission of a party. Therefore, an
admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original
evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an
ambiguity partakes of the
nature of both patent and latent. In this, the words are
seemingly
clear and with a settled meaning, is actually equivocal
and admits of
two interpretations. Here, parol evidence is admissible
to clarify
the ambiguity provided that the matter is put in issue
by the pleader.
Example: Dollars, tons and ounces.
Issue - is the point or points in question, at the
conclusion of the
pleadings which one side affirms, and the other side
denies.
Judicial Admissions - are those so made in the
pleadings filed or in
the progress of a trial.
- It is one made in connection with a
judicial
proceeding in which it is offered, while an extrajudicial
admission
is any other admission.