is undue influence hard to prove?
233907
Claims for undue influence in disputes over Wills are notoriously difficult to prove. ... In the absence of sufficient evidence to prove undue influence, prospective claimants may wish to consider whether there could be causes for the Court to state that the deceased did not know and approve the Will contents.
1330790
Yes, the Facebook messages may be admissible in court since they are relevant, but there are other hurdles you will have to overcome as well. The rules of evidence govern what can and can not be introduced in court.
873206
Undue influence. Undue influence exists where a contract has been entered as a result of pressure which falls short of amounting to duress, the party subject to the pressure may have a cause of action in equity to have the contract set aside on the grounds of undue influence.
1333342
False - A will may be contested on several grounds: (a) it may have been executed improperly; (b) the testator may have been legally incompetent to write a will; (c) the testator may also have been under duress or undue influence when writing the will; (d) the testator may have been defrauded; (e) the will may be a ...
1346330
Unsupported ideas are mere assertions. A common mistake many beginning speakers make is to seek dramatic change in their listeners' values, beliefs, attitudes, and behaviors. As important as many traditions are, they should NOT be used to thwart needed change. Fallacies are flawed patterns of reasoning.
626510
I have seen a judge call an AA program to verify that the AA sign-in sheet is authentic. It is not illegal just to verify that someone attended the meetings, especially if the person is submitting it to the judge as proof he or she attended the meetings.
1240449
1 Answer. Yes, they are anonymous in terms of upvote/downvote, however posting coments can be obviously tracked.
395024
I tend to side with the weaknesses of this theory rather than its strengths. While it provides a general view of how humans interact with and ascribe meaning to symbols around them, it is often too difficult to test because it is based on subjective interpretations.
680771
No. You can have dependent events that are not mutually exclusive.
1210057
A sound generalization makes a less aggressive argument than an. oversimplification. B.
1415585
Yes, affidavits from witnesses are admissible in small claims court and generally would not be rendered inadmissible on hearsay grounds. However, keep in mind that the affidavits ought to be helpful for the judge to understand the facts of the case.
1233213
It simply isn't true. There's nothing automatically fallacious about this kind of reasoning. So, you can't say "That's a slippery slope argument! It's a fallacy.
679755
'Coercion' is the act of threatening a person, to compel him/her to enter into the contract and perform the obligation. On the contrary, 'Undue Influence' is an act of controlling the will of the other party, due to the dominant position of the first party.
1115426
['They must reach a unanimous/majority verdict.', 'They have split function.', 'Discussions are conducted in secret.']
783007
Logical fallacies -- those logical gaps that invalidate arguments -- aren't always easy to spot.
369699
In commercial litigation, it is not at all unusual for courts to be called upon to determine whether an unsigned agreement is binding. ... They have long recognized that a binding agreement may be found, even though a contract was not signed, so long as it is not proscribed by New York's statute of frauds, NY Gen.
953979
If the court finds that fraud or undue influence were involved in the creation of your will, it will be deemed invalid. Common situations could include: A nonfamily caregiver forcing the testator to leave them an inheritance.