Sometimes it consists in employing an argument of either of the above kinds with correctness indeed, but overrating its probative force.
He saw that the general propositions on which a reasoning is said to depend, may, in certain cases, be altogether omitted, without impairing its probative force.
From this circumstance, the length, as alleged by him, of his abode in Arabia, receives obvious and highly probative confirmation.
Certainly, there seems to be some illusion in the common belief in the probative force of prediction.
The second clause, relating to instances in which the phenomenon is absent, depends for its probative force upon Prop.
The applicants claim that these findings were not based on evidence of probative value and that the affected employees were not given a fair opportunity of answering such charges.
The applicants say that in these paragraphs the Commissioner exceeded his powers or acted in breach of natural justice; and further that some of his conclusions were not supported by any evidence whatever of probative value.
The applicants say that there was a mistake of fact, no evidence of probative value and no fair opportunity to answer the criticisms or findings which they claim to be implicit in these paragraphs.
The complaint made by the applicants is that the criticisms of Mr Davis in the two paragraphs that we have set out are based on mistake of fact, not on evidence of probative value.
In the present case the expressed complaints turn upon the absence of warning that the affected officers were at risk and that the critical decisions taken against them were unsupported by any evidence of probative value.
They plead in their statement of claim that the Commissioner's findings to that effect are not based on evidence of probative value.
But the exclusion of women as witnesses in the old days was not for psychological reasons, nor did it originate from a critical study of the probative value of their testimony.
Nothing is more confusing to the ordinary juryman than trying to determine the probative value of evidence touching unsoundness of mind, and the application thereto of the legal test of criminal responsibility.
A provision that such a body shall not be controlled by rules of evidence does not, however, justify orders without a foundation in evidence having rational probative force.
A decision based upon a record from which relevant and probative evidence has been omitted is not a fair hearing.
Defn: Serving for trial or proof; probationary; as, probative judgments; probative evidence.
However, it seems to us that the communications themselves, as contemporaneous reports by a Party officer at the time, are much more probativeevidence than anything that he might testify to before you today.
In any event, it seems to me that the Court can accept an affidavit of this character, made by a well-known American diplomat, and give it whatever probative value the Court thinks it has.
It shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and shall admit any evidence, which it deems to have probative value.
The question of the probative value of an affidavit as compared with a witness who has been cross-examined would, of course, be considered by the Tribunal.
