4 ms·

How could the court know what fact it would have supported?

• otterley 15y ago
  Because the plaintiff claimed it.
  • thehotdon 15y ago
    Wait, did you just say that seriously? Plaintiff: "There was a dead-body in the toilet, but the defendant has been regularly flushing, thereby destroying the evidence and proving his guilt." Judge: "Well, if you say it, it must be true!"
    • otterley 15y ago
      I was referring specifically to civil matters, not criminal ones. A relevant example would be a claim that D defrauded P; a finding that D intentionally destroyed evidence that would prove the fraud could be used to support a finding of fact that the fraud occurred.