 Here, again, the terminology is imprecise. Admissibility and receivability are not clearly distinguished. It is common for irrelevant evidence, or evidence of an immaterial fact to be described as “inadmissible”. What this means is that the court will refuse to receive evidence if it is irrelevant or immaterial. But, importantly, the court also excludes evidence for reasons other than irrelevance and immateriality. For Montrose, there is merit in restricting the concept of “inadmissibility” to the exclusion of evidence based on those other reasons (Montrose 1954: 541–543). If evidence is rejected on the ground of irrelevance, it is, as Thayer (1898: 515) puts it, “the rule of reason that rejects it”; if evidence is rejected under an admissibility or exclusionary rule, the rejection is by force of law. The concepts of admissibility and materiality should also be kept apart. This is because admissibility or exclusionary rules serve purposes and rationales that are distinct from the law defining the crime or civil claim that is before the court and it is this law that determines the materiality of facts in the dispute.