# Concept of Ownership

- Ownership is the most extensive right that a person can have over a thing. It implies the power to use,
enjoy, dispose of, and exclude others from the thing owned.
- Ownership can be classified into different types based on various criteria, such as the subject matter,
the right of ownership, the mode of acquisition, and the nature of ownership.
- Different legal scholars have defined ownership differently, depending on their philosophical and
historical perspectives. Some of the influential definitions are:

- Austin: Ownership is a right over a determinate thing, indefinite in point of user, unrestricted in
point of disposition, and unlimited in point of duration¹.
- Holland: Ownership is plenary control over an object, consisting of possession, enjoyment, and
disposition².
- Salmond: Ownership is the relation between a person and any right that is vested in him. Ownership
in the widest sense extends to all classes of rights, whether proprietary or personal³.
- Markby: Ownership is a right to the exclusion of all other persons of the advantages derivable from a
thing⁴.
- Hibbert: Ownership is a bundle of rights over a thing, which may vary in number and extent
according to the nature of the thing and the circumstances of the owner⁵.
- Paton: Ownership is the residuary right over a thing, which remains after all other rights over it are
taken into account⁶.
- Pollock: Ownership is the entirety of the powers of use and disposal allowed by law⁷.

# Essentials of Ownership

- The essentials of ownership are the elements that constitute the right of ownership and distinguish it
from other rights. They are:

- Subject matter: The thing over which ownership is exercised. It can be corporeal (material) or
incorporeal (immaterial).
- Right of ownership: The power or authority that the owner has over the thing. It can be legal
(recognized by law) or equitable (recognized by equity).
- Mode of acquisition: The way in which ownership is obtained. It can be original (by creation or
occupation) or derivative (by transfer or succession).
- Nature of ownership: The characteristics or qualities that define the extent and limitations of
ownership. It can be absolute (unrestricted) or limited (subject to conditions or encumbrances).

# Types of Ownership

- Based on the nature of ownership, there are various types of ownership, such as:

- Corporeal and incorporeal ownership: Corporeal ownership is the ownership of material things,
such as land or chattels. Incorporeal ownership is the ownership of immaterial things, such as rights or
interests⁸.
- Trust and beneficial ownership: Trust ownership is the ownership of a thing by a person (trustee)
who holds it for the benefit of another person (beneficiary). Beneficial ownership is the ownership of a
thing by a person who enjoys the benefits of it, even though the title is in another name⁹.
- Legal and equitable ownership: Legal ownership is the ownership of a thing that is recognized and
enforced by the law. Equitable ownership is the ownership of a thing that is recognized and enforced by
equity, which is a branch of law that deals with fairness and justice[^10^].
- Vested and contingent ownership: Vested ownership is the ownership of a thing that is fixed and
certain, and not subject to any condition. Contingent ownership is the ownership of a thing that is
uncertain and dependent on the occurrence of a condition¹¹.
- Sole ownership and co-ownership: Sole ownership is the ownership of a thing by a single person.
Co-ownership is the ownership of a thing by two or more persons. Co-ownership can be further divided
into joint tenancy (where co-owners have equal shares and right of survivorship) and tenancy in
common (where co-owners have unequal shares and no right of survivorship)¹².
- Absolute and limited ownership: Absolute ownership is the ownership of a thing that is unrestricted
and unlimited in duration. Limited ownership is the ownership of a thing that is subject to restrictions or
limitations, such as conditions, encumbrances, or time¹³.

# Significance of Possession

- Possession is the physical control or occupation of a thing, with the intention to exclude others from it.
Possession is different from ownership, as possession does not necessarily imply ownership, and
ownership does not necessarily imply possession.
- Possession is significant for several reasons, such as:

- Possession is a prima facie evidence of ownership, meaning that the possessor is presumed to be the
owner unless proved otherwise.
- Possession is a source of acquisition of ownership, meaning that the possessor can become the
owner by fulfilling certain conditions, such as lapse of time, good faith, or prescription.
- Possession is a basis of protection of ownership, meaning that the possessor can defend his or her
possession against any interference or disturbance by others, by invoking legal remedies, such as
injunction, damages, or restitution.

# Concept of Possession

- The concept of possession has been developed and analyzed by various legal scholars and jurists, who
have proposed different theories and elements of possession. Some of the prominent ones are:

- Savigny: Savigny was a German jurist who proposed a subjective theory of possession, which
emphasized the intention of the possessor. According to him, possession consists of two elements:
corpus (physical control) and animus (intention to possess as owner)¹⁴.
- Ihering: Ihering was another German jurist who proposed an objective theory of possession, which
emphasized the external manifestation of the possessor. According to him, possession consists of only
one element: corpus (physical control), which implies animus (intention to possess as owner)¹⁵.
 - Salmond: Salmond was an English jurist who proposed a mixed theory of possession, which
combined the subjective and objective aspects of possession. According to him, possession consists of
two elements: corpus (physical control) and animus (intention to possess as possessor)¹⁶.
- Pollock and Wright: Pollock and Wright were English jurists who proposed a legal theory of
possession, which focused on the legal consequences of possession. According to them, possession is
not a fact but a right, which is recognized and protected by the law¹⁷.

# Types of Possession

- Based on the nature and characteristics of possession, there are various types of possession, such as:

- Immediate and mediate possession: Immediate possession is the possession of a thing by a person
who has direct physical control over it. Mediate possession is the possession of a thing by a person who
has indirect physical control over it, through another person who has immediate possession¹⁸.
- Corporeal and incorporeal possession: Corporeal possession is the possession of a material thing,
such as land or chattel. Incorporeal possession is the possession of an immaterial thing, such as a right
or interest¹⁹.
- Representative, concurrent, derivative, and constructive possession: Representative possession is
the possession of a thing by a person who acts on behalf of another person who has the right to possess
it. Concurrent possession is the possession of a thing by two or more persons who have separate and
independent rights to possess it. Derivative possession is the possession of a thing by a person who
derives his or her right to possess it from another person who has a superior right to possess it.
Constructive possession is the possession of a thing by a person who has the power and intention to
possess it, even though he or she does not have actual physical control over it[^20^].
- Adverse possession and duplicate possession: Adverse possession is the possession of a thing by a
person who possesses it without the consent or permission of the true owner, and with the intention to
acquire ownership over it. Duplicate possession is the possession of a thing by two or more persons who
claim to possess it as owners, but only one of them is the true owner²¹.

# Protection of Possession

- Possession is protected by the law for various reasons, such as:

- To maintain peace and order in the society, by preventing violence and disputes over things.
- To respect the natural and moral right of the possessor, who has invested labor and resources in the
thing possessed.
- To facilitate the acquisition and transfer of ownership, by providing evidence and presumption of
ownership.
- To encourage the use and enjoyment of things, by rewarding the possessor with benefits and
remedies.

- Possession is protected by the law by various means, such as:

- Possessory remedies, which are legal actions that aim to restore, secure, or compensate the
possessor for the loss or interference of possession. Some examples are:

- Replevin: A remedy that allows the possessor to recover the thing taken by another person
unlawfully.
- Ejectment: A remedy that allows the possessor to remove a person who occupies the land
possessed by the possessor unlawfully.
- Trespass: A remedy that allows the possessor to claim damages for the unauthorized entry or use
of the thing possessed by the possessor.
- Injunction: A remedy that allows the possessor to obtain a court order that restrains another
person from interfering with the possession of the possessor.

# Methods of Transfer of Possession

- Possession can be transferred from one person to another by various methods, such as:

- Delivery: Delivery is the voluntary transfer of possession by the possessor to another person, with
the intention of transferring the right of possession. Delivery can be actual (physical handing over of the
thing) or constructive (symbolic or implied handing over of the thing, such as by giving the key or the
document of title)¹⁵.
- Assignment: Assignment is the transfer of possession by operation of law, without the consent or act
of the possessor. Assignment can occur in cases of bankruptcy, insolvency, inheritance, or succession¹⁵.
- Alienation: Alienation is the transfer of possession by a valid contract or agreement between the
parties, with the intention of transferring the ownership or other rights over the thing. Alienation can be
by sale, gift, exchange, mortgage, lease, or bailment¹⁵.
- Adverse possession: Adverse possession is the acquisition of possession by a person who possesses
a thing without the consent or permission of the true owner, and with the intention to acquire
ownership over it. If the adverse possession is continuous, peaceful, undisturbed, and open for a certain
period of time prescribed by law, the title of the true owner is extinguished and the adverse possessor
becomes the owner¹⁵.

# Res Nullius

- Res nullius is a Latin term that means a thing belonging to no one, such as a wild animal or an
abandoned property. Res nullius is not subject to private ownership under Roman law, and therefore
can be acquired by anyone who occupies or appropriates it⁸.
- Res nullius is different from res communis, which means a thing common to all, such as air, sea, or
public land. Res communis is also not subject to private ownership, but cannot be acquired by anyone,
as it belongs to the public or the state⁸.
- Res nullius is also different from res derelictae, which means a thing voluntarily abandoned by its
owner, with the intention of relinquishing the ownership. Res derelictae is also not subject to private
ownership, but can be acquired by anyone who finds or occupies it, unless the original owner reclaims
it⁸..
# Distinction between Possession and Ownership

- Possession and ownership are two different concepts, but they are often confused or used
interchangeably. The main distinction between them is that possession is a factual relationship between
a person and a thing, while ownership is a legal relationship between a person and a right.
- Possession implies physical control or occupation of a thing, with the intention to exclude others from
it. Ownership implies the power to use, enjoy, dispose of, and exclude others from a right over a thing.
- Possession does not necessarily imply ownership, and ownership does not necessarily imply
possession. For example, a thief may possess a thing without owning it, and a landlord may own a thing
without possessing it.
- Possession and ownership have different legal consequences and remedies. Possession is protected by
possessory remedies, such as replevin, ejectment, trespass, and injunction. Ownership is protected by
proprietary remedies, such as specific performance, rescission, cancellation, and declaration.

# Conclusion

- The concept of ownership is a complex and dynamic one, which has evolved over time and across
different legal systems. It involves various aspects, such as the subject matter, the right of ownership,
the mode of acquisition, and the nature of ownership. It also involves various types of ownership, such
as corporeal and incorporeal ownership, trust and beneficial ownership, legal and equitable ownership,
vested and contingent ownership, sole ownership and co-ownership, and absolute and limited
ownership.
- The concept of possession is also a multifaceted and important one, which has been developed and
analyzed by various legal scholars and jurists. It involves various elements, such as corpus and animus,
and various types of possession, such as immediate and mediate possession, corporeal and incorporeal
possession, representative, concurrent, derivative, and constructive possession, adverse possession, and
duplicate possession. It also involves various reasons and means of protection of possession, such as
possessory remedies and rights.
- The distinction between possession and ownership is essential to understand the nature and extent of
the rights and obligations of the parties involved in the relationship with a thing. Possession and
ownership are not synonymous, but they are interrelated and interdependent, as possession can be a
source, evidence, or protection of ownership, and ownership can be a basis, limitation, or transfer of
possession.

# Definition and nature of title

- A title is a document that shows legal ownership of a property or asset. A title can represent ownership
of a real asset such as a car or an intangible property or asset such as a trademark¹.
- A title might show ownership of property rights of an individual or business, which is the ownership of
resources, whether tangible (physical in nature) or intangible¹.
- A title is different from possession, which is the physical control or occupation of a thing. Possession
does not necessarily imply ownership, and ownership does not necessarily imply possession².
- A title is also different from a deed, which is a document that transfers ownership of a property or
asset from one party to another. A deed is a proof of conveyance, while a title is a proof of ownership³.

# Classification of titles

- There are different types of titles, depending on the nature and source of ownership. Some common
types of titles are⁴:

- Absolute title: A title that is free from any defect, lien, or encumbrance, and that grants the owner
full and exclusive rights over the property or asset.
- Qualified title: A title that is subject to certain limitations or conditions, such as a lease, easement,
or mortgage, that affect the owner's rights over the property or asset.
- Equitable title: A title that is based on the principles of equity and justice, rather than on the strict
rules of law. An equitable title may arise when a party has a beneficial interest in a property or asset, but
not the legal title, such as a trust beneficiary or a contract buyer.
- Legal title: A title that is based on the formal rules of law and that confers the legal rights and
obligations of ownership. A legal title may not reflect the actual or beneficial ownership of a property or
asset, such as a trustee or a contract seller.

# Importance and kinds of agreements

- An agreement is a mutual understanding or arrangement between two or more parties who agree to
buy or sell goods and services from one another⁵.
- An agreement is important because it documents the terms and conditions of the exchange, provides
legal protection for both parties, and helps reduce the risk of disputes or conflicts⁵.
- An agreement can be classified into different kinds, depending on the nature and purpose of the
exchange. Some common kinds of agreements are⁶:

- Contract: A legally binding agreement that creates rights and duties for both parties, and that can be
enforced in a court of law if either party breaches the terms. A contract must have an offer, an
acceptance, a consideration, a lawful object, and a free consent to be valid.
- Memorandum of understanding (MOU): A formal agreement that expresses the intention and
expectations of both parties, but that is not legally binding or enforceable. An MOU is usually used to
outline the general principles and goals of a future contract or collaboration.
- Letter of intent (LOI): A written document that summarizes the main terms and conditions of a
proposed deal or transaction, but that is not legally binding or enforceable. An LOI is usually used to
show interest and goodwill, and to facilitate the negotiation process.

# Validity of agreements
- An agreement is valid if it meets the legal requirements and criteria for a valid contract. An agreement
is invalid if it is void, voidable, illegal, or unenforceable.
- An agreement is void if it lacks any of the essential elements of a contract, such as offer, acceptance,
consideration, lawful object, or free consent. A void agreement has no legal effect and cannot be
enforced by either party.
- An agreement is voidable if it is affected by a defect or flaw that makes it unfair or unjust for one of the
parties, such as fraud, misrepresentation, mistake, coercion, undue influence, or incapacity. A voidable
agreement can be enforced by the aggrieved party, or avoided by the party who suffers the defect.
- An agreement is illegal if it is prohibited by law, or if it is against public policy, morality, or good
conscience. An illegal agreement is void and cannot be enforced by either party. It may also attract
criminal penalties or sanctions for the parties involved.
- An agreement is unenforceable if it cannot be proved or established in a court of law, due to technical
or procedural reasons, such as lack of writing, signature, stamping, registration, or limitation. An
unenforceable agreement may be valid in substance, but not in form.

# Modes of acquiring possession

- Possession can be acquired by various modes, depending on the nature and source of the possession.
Some common modes of acquiring possession are:

- Occupation: Occupation is the acquisition of possession by taking physical control of a thing that
belongs to no one, such as a wild animal or an abandoned property. Occupation requires the intention
to possess as owner, and the actual or constructive possession of the thing.
- Delivery: Delivery is the acquisition of possession by receiving physical control of a thing from
another person, with the intention of transferring the right of possession. Delivery can be actual
(physical handing over of the thing) or constructive (symbolic or implied handing over of the thing, such
as by giving the key or the document of title).
- Assignment: Assignment is the acquisition of possession by operation of law, without the consent or
act of the possessor. Assignment can occur in cases of bankruptcy, insolvency, inheritance, or
succession.
- Adverse possession: Adverse possession is the acquisition of possession by a person who possesses
a thing without the consent or permission of the true owner, and with the intention to acquire
ownership over it. If the adverse possession is continuous, peaceful, undisturbed, and open for a certain
period of time prescribed by law, the title of the true owner is extinguished and the adverse possessor
becomes the owner.

# Modes of acquiring ownership

- Ownership can be acquired by various modes, depending on the nature and source of the ownership.
Some common modes of acquiring ownership are:

- Creation: Creation is the acquisition of ownership by producing or inventing something new, such as
a work of art, a patent, or a trademark. Creation requires the originality, skill, and labor of the creator,
and the legal recognition and protection of the creation.
 - Transfer: Transfer is the acquisition of ownership by receiving the right of ownership from another
person, with the intention of transferring the ownership. Transfer can be by sale, gift, exchange,
mortgage, lease, or bailment. Transfer requires the consent, capacity, and authority of both parties, and
the valid and enforceable agreement between them.
- Succession: Succession is the acquisition of ownership by inheriting the property or asset of a
deceased person, according to the law or the will of the deceased. Succession requires the death of the
owner, the identification of the heirs or beneficiaries, and the distribution of the estate according to the
law or the will.
- Prescription: Prescription is the acquisition of ownership by possessing a thing for a certain period of
time prescribed by law, with the intention to acquire ownership over it. Prescription requires the
adverse, continuous, uninterrupted, and notorious possession of the thing, and the extinction of the title
of the true owner.

# Definition of obligation

- An obligation is a legal relationship between two or more persons, in which one person (the obligee or
creditor) has the right to demand a certain conduct from another person (the obligor or debtor), and the
other person has the duty to perform or refrain from performing that conduct¹.
- An obligation can be classified into different types, depending on the nature and source of the right
and duty involved. Some common types of obligations are contractual, delictual, quasi-contractual, and
innominate obligations².

# Types of choses

- A chose is a term used in common law to refer to a right or interest in property, especially personal
property³.
- A chose can be classified into two categories: chose in action and chose in possession⁴.
- A chose in action is a right that can only be enforced or claimed by bringing a legal action, such as a
debt, a claim for damages, or a share in a company⁴.
- A chose in possession is a right that can be enforced or acquired by taking physical possession of the
thing, such as a chattel, a document of title, or a negotiable instrument⁴.

# Solidary obligations

- A solidary obligation is a type of obligation in which there are two or more obligees or obligors, and
each of them is entitled or liable for the whole performance⁵.
- A solidary obligation can be active or passive, depending on whether it exists among the obligees or
the obligors⁵.
- A solidary obligation can be several, joint, or joint and several, depending on the nature and extent of
the right and duty of each party⁶.
- A several solidary obligation is one in which each obligee can demand the whole performance from the
obligor, or each obligor is liable for the whole performance to the obligee, and there is no mutual
relation among the parties⁶.
- A joint solidary obligation is one in which there is only one right or duty for all the parties, and the
obligee can demand the performance only from all the obligors together, or the obligor can perform
only to all the obligees together⁶.
- A joint and several solidary obligation is one in which the obligee can demand the performance from
any or all of the obligors, or the obligor can perform to any or all of the obligees, and there is also a
mutual relation among the parties⁶.

# Sources of obligations

- The sources of obligations are the events or acts that give rise to the legal relationship of obligation⁷.
- The sources of obligations can be classified into different kinds, depending on the nature and purpose
of the events or acts. Some common sources of obligations are contracts, torts, quasi-contracts, and
innominate obligations⁷.
- A contract is a source of obligation that arises from the agreement of two or more parties who intend
to create, modify, or extinguish a legal relationship⁸.
- A tort is a source of obligation that arises from the wrongful act or omission of one party that causes
damage or injury to another party⁹.
- A quasi-contract is a source of obligation that arises from the lawful, voluntary, and unilateral act of
one party that prevents unjust enrichment or benefit at the expense of another party[^10^].
- An innominate obligation is a source of obligation that arises from any other event or act that is not
covered by the previous sources, but that creates a right and duty between the parties¹¹.

# Contractual and delictal obligations

- Contractual and delictal obligations are two types of obligations that arise from different sources:
contracts and torts, respectively¹².
- Contractual obligations are based on the consent and will of the parties, who freely determine the
terms and conditions of their legal relationship¹².
- Delictal obligations are based on the fault and liability of the parties, who are bound by the legal norms
and principles that regulate their conduct¹².
- Contractual obligations are generally specific and determinate, as they depend on the agreement of
the parties¹².
- Delictal obligations are generally general and indeterminate, as they depend on the nature and extent
of the damage or injury caused¹².
- Contractual obligations are usually enforceable by specific performance, which means the exact
fulfillment of the agreed conduct¹².
- Delictal obligations are usually enforceable by damages, which means the monetary compensation for
the harm suffered¹².

# Innominate obligations

- Innominate obligations are a type of obligations that arise from any source other than contracts, torts,
or quasi-contracts¹¹.
- Innominate obligations are also called unnamed or unclassified obligations, as they do not have a
specific name or category in the law¹¹.
- Innominate obligations are based on the general principles of justice and equity, which aim to protect
the rights and interests of the parties involved¹¹.
- Innominate obligations are usually determined by the circumstances and facts of each case, as they do
not have a fixed or uniform content or form¹¹.
- Innominate obligations are often enforceable by restitution, which means the restoration of the status
quo ante or the original situation before the event or act that gave rise to the obligation¹¹.

- Substantive and Procedural Law: Distinction

* Substantive law refers to the set of rules that define the rights, duties, and liabilities of individuals
and entities in a legal system. It regulates how people should behave according to accepted social norms
and what consequences they may face for violating them. For example, substantive law determines
what constitutes a crime, what defenses are available, and what punishments can be imposed.
* Procedural law refers to the set of rules that govern how the legal system operates and how
substantive law is enforced. It outlines the methods and practices for conducting court proceedings,
presenting evidence, resolving disputes, and ensuring due process. For example, procedural law
determines how a case is initiated, how a trial is conducted, and how an appeal is filed.
* The distinction between substantive and procedural law is important because it affects the rights
and obligations of the parties involved in a legal case, the admissibility and weight of evidence, and the
scope and standard of judicial review. ¹²

- Elements of Judicial Procedure

* Judicial procedure refers to the orderly and systematic process by which courts adjudicate legal
disputes and administer justice. It consists of various stages and elements, such as:
- Jurisdiction: the authority and power of a court to hear and decide a case. Jurisdiction can be
based on factors such as the subject matter, the parties, the location, or the level of the court. ³
- Pleading: the formal statements of the claims and defenses of the parties in a case. Pleading
includes the filing of a complaint by the plaintiff, the service of a summons and a copy of the complaint
to the defendant, and the filing of an answer by the defendant. Pleading may also involve the filing of
counterclaims, cross-claims, third-party claims, motions, and other documents. ⁴
- Discovery: the pre-trial stage of a case where the parties exchange information and evidence
relevant to the case. Discovery may include methods such as interrogatories, requests for production of
documents, requests for admission, depositions, subpoenas, and physical or mental examinations.
Discovery aims to facilitate the preparation of the case, narrow the issues, and promote settlement. ⁵
- Trial: the main stage of a case where the parties present their evidence and arguments before a
judge or a jury. Trial involves elements such as opening statements, direct and cross-examination of
witnesses, introduction of exhibits, objections, motions, closing arguments, jury instructions, verdict,
and judgment. ⁶
- Appeal: the post-trial stage of a case where a party who is dissatisfied with the outcome of the
trial seeks a review by a higher court. Appeal involves elements such as filing a notice of appeal,
preparing a record of the trial, submitting briefs, oral argument, and decision. Appeal may result in
affirming, reversing, modifying, or remanding the trial court's judgment. ⁷
- Evidence
* Evidence is any information or material that is presented in a court to prove or disprove a fact or an
issue in a case. Evidence can be classified into different types, such as:
- Direct evidence: evidence that directly establishes the existence of a fact without requiring any
inference or presumption. For example, a witness's testimony that they saw the defendant commit the
crime is direct evidence of the defendant's guilt. ⁸
- Circumstantial evidence: evidence that indirectly proves a fact by providing other facts from which
the fact can be inferred or presumed. For example, the defendant's fingerprints on the murder weapon
are circumstantial evidence of the defendant's involvement in the crime. ⁹
- Real evidence: evidence that consists of physical objects or tangible things that are directly related
to the case. For example, the murder weapon, the crime scene, or the victim's body are real evidence of
the crime. [^10^]
- Documentary evidence: evidence that consists of written or printed documents or records that
contain information relevant to the case. For example, contracts, letters, emails, receipts, or bank
statements are documentary evidence of the parties' transactions or communications. ¹¹
- Testimonial evidence: evidence that consists of oral or written statements made by witnesses
under oath or affirmation. For example, the testimony of an eyewitness, an expert, or a co-defendant
are testimonial evidence of the facts or opinions they express. ¹²
- Hearsay evidence: evidence that consists of a statement made by a person who is not a witness in
the case, and that is offered to prove the truth of the matter asserted in the statement. For example, a
witness's testimony that they heard someone say that the defendant was at the crime scene is hearsay
evidence of the defendant's presence. Hearsay evidence is generally inadmissible unless it falls under an
exception or exemption. ¹³
* The valuation of evidence refers to the assessment of the quality, reliability, and relevance of
evidence in relation to the case. The valuation of evidence depends on various factors, such as:
- Admissibility: the legal requirement that evidence must be relevant, material, competent, and not
excluded by any rule or principle of law. For example, evidence that is irrelevant, immaterial,
incompetent, or excluded by the rules of hearsay, privilege, or public policy is inadmissible and cannot
be considered by the court. ¹⁴
- Weight: the degree of importance or persuasiveness that evidence has in proving or disproving a
fact or an issue. For example, evidence that is more direct, consistent, corroborated, or credible has
more weight than evidence that is more indirect, inconsistent, uncorroborated, or incredible. ¹⁵
- Sufficiency: the amount or quantity of evidence that is necessary to establish or disprove a fact or
an issue. For example, evidence that is sufficient to prove a fact or an issue must be clear, convincing,
and beyond a reasonable doubt, depending on the standard of proof required by the law. ¹⁶