Legal Definition and Related Resources of Certainty
Meaning of Certainty
In Contracts. Distinctness and accuracy of statement. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12. 1. 6. It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. art. 3522, No. 8; 5 Coke, 121. In Pleading. Such clearness and distinctness of statement of the facts which constitute the cause of action or ground of defense that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give the judgment. 1 Chit. PI. 257; Cowp. 682; Hob. 295; 13 East, 107; 2 Bos. & P. 267; Co. Litt. 303; Comyn, Dig. “Pleader,” c. 17. Certainty is said to be of three sorts:
(1) “Certainty to a common intent,” which is attained by a form of statement in which words are used in their ordinary meaning, though by argument or inference they may be made to bear a different one. See 2, H. Bl. 530.
(2) “Certainty to a certain intent in general,” which is attained when the meaning of the statute may be understood upon a fair and reasonable construction, without recurrence to possible facts which do not appear. 1 Wm. Saund. 49 ; 9 Johns. (N. Y.) 317; 5 Conn. 423.
(3) “Certainty to a certain intent in particular,” which is attained by that technical accuracy of statement which precludes all argument, inference, and presumption against the party pleading. When this certainty is required, the party must not only state the facts of his case in the most precise way, but add to them such a show that they are not to be controverted, and, as it were, anticipate the case of his adversary. 1 Chit. PI. 258; Lawes, PI. 54, 55.
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You might be interested in these references tools:
| Resource | Description |
|---|---|
| Certainty in the Dictionary | Certainty in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Certainty |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Certainty in the World Encyclopedia of Law |
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This definition of Certainty is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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| Sitemap Index | Sitemap Index, including Taxonomies |
| https://legaldictionary.lawin.org/certainty/ | The URI of Certainty (more about URIs) |
Synonyms of Certainty
noun
- absence of doubt
- absolute confidence
- absoluteness
- assurance
- assuredness
- authoritativeness
- certification
- certitude
- certus
- complete conviction
- conclusiveness
- confidentness
- conviction
- corroboration
- definiteness
- firmness
- firmness of belief
- inability to doubt
- incontestability
- incontrovertibility
- indisputability
- indubitability
- indubitableness
- inerrability
- inerrancy
- inexorability
- infallibility
- irrefragability
- irrefutability
- knowledge
- objective certitude
- positiveness
- quality of being certain
- questionlessness
- reassurance
- reliability
- secureness
- security
- solidity
- soundness
- stability
- substantiality
- sure presumption
- sureness
- surety
- unconfutability
- undeniability
- unequivocalness
- unimpeachability
- unmistakability
- unqualification
- unquestionability
- unquestionableness
- verification
- warranty
- Associated Concepts: absolute certainty
- certainty to a common intent
- moral certainty
- proof to a reasonable certainty
- reasonable certaintyforeign phrases: Certum est quod certum reddi potest
- That is certain which is capable of being rendered certain
- Terminus annorum certus debet esse et determinatus
- A term of years ought to be certain and determinate
Certainty
Certainty
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