ADVERSE INFERENCE Meaning and
Definition
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Adverse inference is a legal term commonly used in trial procedures to describe the negative conclusion that can be drawn from the absence or suppression of evidence. It refers to the negative assumption made by the court or jury when a party fails to produce evidence that is within their control and expected to support their position or refute the opposing side's claims.
To make an adverse inference, the court assumes that the missing evidence would have been unfavorable or damaging to the party who failed to present it. This inference can significantly impact the outcome of the case, as it can strengthen the opposing party's arguments and weaken the credibility of the non-producing party.
Adverse inference is often employed in civil and criminal cases, where it acts as a means to counteract parties who deliberately conceal or destroy relevant evidence. It encourages fairness, integrity, and transparency in legal proceedings, as it discourages parties from withholding evidence or manipulating the truth.
It is important to note that adverse inference is not automatic, but rather a discretionary decision made by the judge or jury. They must weigh the circumstances and determine whether a reasonable person would conclude that the missing evidence is detrimental to the non-producing party's case.
Overall, adverse inference in legal contexts plays a crucial role in promoting fairness, truthfulness, and accountability by discouraging the suppression or destruction of evidence.
Etymology of ADVERSE INFERENCE
The word "adverse" originates from the Latin word "adversus", which means "opposite" or "against". It came into English during the 14th century and retained its meaning of something unfavorable, contrary, or hostile. The term "inference" stems from the Latin word "inferre", which means "to bring in" or "to deduce". It entered the English language in the 16th century with the sense of drawing a conclusion based on evidence or reasoning. So, the etymology of "adverse inference" suggests a deduction or conclusion that is unfavorable or contrary to the interests of a person or a party. In legal contexts, an adverse inference refers to a conclusion drawn by a court or a jury against a party due to their failure to provide certain evidence or testimony.
