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identity(Individuality), noun being, characteristic, difference, dissimilarity, distinction, distinctive feature, distinctness, distinguishing characteristic, distinnuishing quality, idiosyncrasy, individualism, mannerism, oneness, originality, particularity, peculiarity, perceivable dissimilarity, personal characteristic, personality, quality of being singular, self, selfhood, selfness, singularity, speciality, specialty, specific quality, specificity, uniqueness, unlikeness
Associated concepts: duty to ascertain identity, proof of identity
Foreign phrases: Nihil facit error nominis cum de corpore constat.An error in the name is of no consequence when there is certainty as to the person. Ex multitudine signooum, colligitur identitas vera. The true identity of a thing is shown from a number of signs. Nomina sunt mutabilia, res autem immobiles. Names are mutable, but things are immutable.
identity(Similarity), noun agreement, alikeness, coequality, comparability, conformability, consimilarity, consimilitude, consimility, duplication, equality, equipollence, equipollency, equivalence, homogeneity, identicalness, likeness, match, oneness, parallelism, parity, resemblance, sameness, semblance, similarity, similitude, synonymity, uniformity, unity
See also: par, personality, resemblance, semblance
IDENTITY, evidence. Sameness.
2. It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that the defendants have in criminal actions, and for injuries, been guilty of the crime or injury charged; and in an action on a contract, that the defendant was a party to it. Sometimes, too, a party who has been absent, and who appears to claim an inheritance, must prove his identity and, not unfrequently, the body of a person which has been found dead must be identified: cases occur when the body is much disfigured, and, at other times, there is nothing left but the skeleton. Cases of considerable difficulty arise, in consequence of the omission to take particular notice; 2 Stark. Car. 239 Ryan's Med. Jur. 301; and in consequence of the great resemblance of two persons. 1 Hall's Am. Law Journ. 70; 1 Beck's Med. Jur. 509; 1 Paris, Med. Jur, 222; 3 Id. 143; Trail. Med. Jur. 33; Fodere, Med. Leg. ch. 2, tome 1, p. 78-139.
3. In cases of larceny, trover, replevin, and the like, the things in dispute must always be identified. Vide 4 Bl. Com. 396.
4. M. Briand, in his Manuel Complet de Medicine Legale, 4eme partie, ch. 1, gives rules for the discovery of particular marks, which an individual may have had, and also the true color of the hair, although it may have been artificially colored. He also gives some rules for the purpose of discovering, from the appearance of a skeleton, the sex, the age, and the height of the person when living, which he illustrates by various examples. See, generally, 6 C. & P 677; 1 C. & M. 730; 3 Tyr. 806; Shelf. on Mar. & Div. 226; 1 Hagg. Cons. R. 189; Best on Pres. Appx. case 4; Wills on Circums. Ev. 143, et seq.