Conclusive(redirected from conclusiveness)
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Determinative; beyond dispute or question. That which is conclusive is manifest, clear, or obvious. It is a legal inference made so peremptorily that it cannot be overthrown or contradicted.
A conclusive presumption cannot be refuted; no evidence can rebut it, as in the presumption that a child who is below a certain age has a fundamental inability to consent to sexual relations.
Conclusive evidence is evidence that is either unquestionable because it is so clear and convincing or because the law precludes its contradiction. A death certificate is considered conclusive evidence that a person has died.
CONCLUSIVE. What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by direct and positive proof. Take, for example, the presumption that an infant is incapable of judging whether it is or is not against his interest; When infancy is pleaded and proved, the plaintiff cannot show that the defendant was within one day of being of age when the contract was made, and perfectly competent to make a contract. 3 Bouv. Inst. n. 3061.
EVIDENCE, CONCLUSIVE. That which, while uncontradicted, satisfies the judge
and jury it is also that which cannot be contradicted.
2. The record of a court of common law jurisdiction is conclusive as to the facts therein stated. 2 Wash. 64; 2 H. 55; 6 Conn. 508, But the judgment and record of a prize court is not conclusive evidence in the state courts, unless it had jurisdiction of the subject-matter; and whether it had or not, the state courts may decide. 1 Conn. 429. See as to the conclusiveness of the judgments of foreign courts of admiralty, 4 Cranch, 421, 434; 3 Cranch, 458; Gilmer, 16 Const. R. 381 1 N. & M. 5 3 7.