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Gaudin would generally require the court to dismiss such a motion and put the material falsity issue to a jury.
In this logic, every proposition is estimated to have the degree of truth, indeterminacy and falsity (T,I,F).
12) While he presents no account of truth, he posits a distinction between formal and material falsity, telling us that formal falsity pertains to judgments while material falsity pertains to ideas, but his account of material falsity is, at best, obscure.
A threefold distinction is drawn between types of falsity: ontological falsity (lack of correspondence between a thought or proposition and its object); epistemic falsity (inescapable obscurity and confusion of an idea making it impossible for us to determine whether the idea in question is true or false in the ontological sense) and finally, formal falsity (applicable only to judgments and equated by Naaman-Zauderer with error, assent to ideas that are not clear and distinct).
This latter group is often blamed for the subsequent loss of ancient knowledge; the espousers of this falsity conveniently ignore that the torches and thugs of the new theocrats did far more damage to the era of reason than any iron Visigothic sword.
Determining the truth or falsity of a belief is no simple matter and is a skill not usually taught in medical school.
The insurer argued that it did not have to defend because the policy excluded coverage for allegations of defamatory statements made within a business enterprise with knowledge of their falsity.
The computer can neither love nor separate truth from falsity.
It turned out that the paper had been confronted with that decision and had chosen not to publish a Holocaust deniers' ad because it failed on the criterion of clear falsity.
Defendant Worrall Community Newspapers has not established beyond any genuine dispute that it neither knew the falsity of the statements, nor acted in reckless disregard of their truth or falsity," the opinion said.