The maxim denotes the meaning “proof overcomes presumption”.
The maxim denotes the meaning “proof overcomes presumption”. This maxim gives the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the underlying facts giving rise to it.
‘A’ damaged 'B's property and declared that he did not do so. It is 'B', who has to prove that his property was destroyed by 'A', until then 'A's fact is considered as a real fact.
Western & Atlantic R.Co V. Henderson 279 U.S.639 (1929)
“With an intention of making a will.”
This is an essential to make a valid will as for whatever will one seeks to enforce, if there exists no Animus Testandi, there can be no will.
An incidental remark or opinion by a judge that is not binding.
The legal maxim is of latin origin meaning “said in passing” or an “incidental statement”. The maxim roughly translates to “by the way” and it refers to a statement a person said in passing. While talking in legal terms this maxim refers to a persuasive statement only and it is an unnecessary passage in a judicial opinion. Such statements are not supported by the force of precedent but may be significant to the case.
Something for something.
The legal maxim is of latin origin meaning “what for what” or “something for something”. It is the exchange of things of similar value. a valid and binding mutual consideration agreed upon by two parties in a contractual agreement commonly used as giving of one valuable thing for another. For the formation of a valid contract between two parties, who are not merchants, quid pro quo is an essential element. The presence of a quid pro quo acts as a surety which indicates the sincerity of both the parties in fulfilling the contract.