Indicia


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Related to Indicia: indicium

Indicia

Signs; indications. Circumstances that point to the existence of a given fact as probable, but not certain. For example, indicia of partnership are any circumstances which would induce the belief that a given person was in reality, though not technically, a member of a given firm.

The term is much used in Civil Law in a sense nearly or entirely synonymous with Circumstantial Evidence. It denotes facts that give rise to inferences, rather than the inferences themselves.

indicia

n. (in-dish-yah) from Latin for "signs," circumstances which tend to show or indicate that something is probable. It is used in the form of "indicia of title," or "indicia of partnership," particularly when the "signs" are items like letters, certificates, or other things that one would not have unless the facts were as the possessor claimed. (See: circumstantial evidence)

INDICIA, civil law. Signs, marks. Example: in replevin, the chattel must possess indicia, or earmarks, by which it can be distinguished from all others of the same description. 4 Bouv. Inst. n. 3556. This term is very nearly synonymous with the common law phrase, "circumstantial evidence." It was used to designate the facts giving rise to the indirect inference, rather than the inference itself; as, for example, the possession of goods recently stolen, vicinity to the scene of the crime, sudden change in circumstances or conduct, &c. Mascardus, de Prob. lib. 1, quaest. 15; Dall. Dict. Competence Criminelle, 92, 415; Morin, Dict. du Droit Criminal, mots Accusation, Chambre du Conseil.
     2. Indicia may be defined to be conjectures, which result from circumstances not absolutely necessary and certain, but merely probable, and which may turn out not to be true, though they have the appearance of truth. Denisart, mot Indices. See Best on Pres. 13, note f.
     3. However numerous indicia may be, they only show that a thing may be, not that it has been. An indicium, can have effect only when a connexion is essentially necessary with the principal. Effects are known by their causes, but only when the effects can arise only from the causes to which they. are attributed. When several causes may have produced one and the same effect, it is, therefore, unreasonable to attribute it to any one of such causes. A combination of circumstances sometimes conspire against an innocent person, and, like mute witnesses, depose against him. There is danger in such cases, that a jury may be misled; their minds prejudiced, their indignation unduly excited, or their zeal seduced. Under impressions thus produced, they may forget their true relation to the accused, and condemn a man whom they would have acquitted had they required that proof and certainty which the law demands. See D'Aguesseau, Oeuvres, vol. xiii. p. 243. See Circumstances.

References in periodicals archive ?
At the time the qualified indicia of ownership are passed to the EAT, the taxpayer intends that the property held by the EAT represents either replacement property or relinquished property.
At the time the qualified indicia of ownership of the property is transferred to the EAT, it is the taxpayer's bona fide intent that the property held by the EAT represent either replacement property or relinquished property in an exchange intended to qualify for nonrecognition of gain (in whole or in part) or loss under Sec.
Listserv members were split on whether to include prepaid postage or not, but it seemed that a postage-paid indicia was preferable.
These are indicia of comprehensive, consolidated supervision; no single factor is essential, and other elements may inform the Board's determination.
If the agent presumes the payee is a corporation or other exempt recipient, the agent considers the payee to be a foreign person if an "indicia of foreign status" exists.
* Preprinted postal indicia. If you're using teaser copy and a window envelope, no one isn't going to know that the contents are advertising mail...
These are indicia of comprehensive, consolidated supervision; no single factor is essential and other elements may inform the Board's determination.
"When the available evidence is taken as a whole, it appears that Al Jazeera's broadcasts, including AJ+, mirror the policies and preferences of the Qatari government, which, together with the state funding and other indicia of agency, demonstrate that Al Jazeera and its media subsidiaries act as alter egos of the Qatari government in ensuring dissemination of the government's viewpoints," they continued.
* There are occasions when officers, with permission from parents, will check a child's bedroom or other areas for gang indicia, weapons or illegal narcotics.
Fatca is used to determine or detect indicia of US persons and their assets outside of the USA.
'We make Shkor from Indigo Era Indicia (Ghwareja) plants, which are like sticks.
He also argues that my rulings on these questions allowed the plaintiff carte blanche in having these witnesses describe the plaintiff's complaints of pain with no reference to time or place and in the absence of any indicia of reliability.