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  2. Value judgment - Wikipedia

    en.wikipedia.org/wiki/Value_judgment

    A value judgment (or normative judgement) is a judgment of the rightness or wrongness of something or someone, or of the usefulness of something or someone, based on a comparison or other relativity. As a generalization, a value judgment can refer to a judgment based upon a particular set of values or on a particular value system. A related ...

  3. Fact–value distinction - Wikipedia

    en.wikipedia.org/wiki/Fact–value_distinction

    Statements of value (normative or prescriptive statements), which encompass ethics and aesthetics, and are studied via axiology. This barrier between fact and value, as construed in epistemology, implies it is impossible to derive ethical claims from factual arguments, or to defend the former using the latter. [2]

  4. False statement of fact - Wikipedia

    en.wikipedia.org/wiki/False_statement_of_fact

    The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...

  5. Obiter dictum - Wikipedia

    en.wikipedia.org/wiki/Obiter_dictum

    Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.

  6. Normativity - Wikipedia

    en.wikipedia.org/wiki/Normativity

    Normative has specialized meanings in different academic disciplines such as philosophy, social sciences, and law. In most contexts, normative means 'relating to an evaluation or value judgment.' Normative propositions tend to evaluate some object or some course of action. Normative content differs from descriptive content. [3]

  7. Indeterminacy debate in legal theory - Wikipedia

    en.wikipedia.org/wiki/Indeterminacy_debate_in...

    For example, a statute that says "No person may smoke in a hospital" does not mean that "John Doe may not smoke in a hospital"; the second statement is the law only if a legitimate authority declares so. This is because one cannot describe a legal statement as right or wrong without making a normative value judgment about what the law should be.

  8. Evidence (law) - Wikipedia

    en.wikipedia.org/wiki/Evidence_(law)

    The default rule is that hearsay evidence is inadmissible. Hearsay is an out of court statement offered to prove the truth of the matter asserted. [17] A party is offering a statement to prove the truth of the matter asserted if the party is trying to prove that the assertion made by the declarant (the maker of the out-of-trial statement) is true.

  9. South African law of delict - Wikipedia

    en.wikipedia.org/wiki/South_African_law_of_delict

    Conduct in the law of delict is usually divided into factual and legal causation. Factual causation is proven by a 'demonstration that the wrongful act was a causa sine qua non of the loss'. This is also known as the 'but-for' test. A successful demonstration, however, 'does not necessarily result in legal liability'.