Rules of Evidence
(Taken from various pre-1959 Catholic theologians using
scholastic principles.)
1.
One is
bound to use diligence in keeping with the truth to be investigated according
to the importance of the matter and the condition of person or place.
2.
Every Catholic is obligated to prove that what
they are presenting is an actual law or fact; this in accordance with Canon Law and the
laws of Scholastic theology.
3.
By definition, a fact must be demonstrated by
producing proof of an actual deed, act, event, statement, etc… that actually took place.
4.
Every
judgment must be based on proof.
5.
In doubt, facts cannot be presumed, but must be
proved.
6.
There is no argument against the evidence.
7.
No
argument or conclusion contrary to the evident facts is valid.
8.
No inference contrary to the evident facts
is true; conjectural opinions are dangerous, (Pope Pius XII; Humani Generis).
9.
In doubt about anything concerning eternal
salvation, the validity of the Sacraments, or the rights of others, the safer
course must be taken.
10.
The common good is the end of all law and the
Church says it binds even where it can be proven there is no danger, (Can. 21).
11.
The common good demands certitude
concerning the validity of acts.
12.
A certainly existing, clear and applicable
positive law always binds; a positive law is presumed to be valid.
13.
Every
exception to or derogation from the law must be proved beyond a reasonable
doubt.
14.
Things
deviating from the law are not to be drawn into precedent, (Rule of Canon Law; Cicognani).
15.
Laws declaring an incapacity to act unless certain conditions are verified automatically invalidate any
attempted act or reception.
16.
Unless a law expressly or equivalently declares
an act invalid, the act itself, while unlawful is valid.
17.
Canon 209 does not supply for those
things voided by invalidating and incapacitating laws or required by natural or Divine law.
18.
The
Church can supply only that power, the disposition of which is entrusted to
her; she cannot, therefore, supply what is required by divine or natural law.
19.
Silence implies consent.
20.
Ignorance of the law does not excuse.
21.
When in doubt one must stand by presumption.
22.
Presumption must yield to truth.
23.
In a doubt of law, the higher law prevails.
24.
One cannot give what he does not possess.
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