A Treatise on the Principles of Evidence and Practice as to Proofs in Courts of Common Law: With Elementary Rules for Conducting the Examination and Cross-examination of Witnesses

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S. Sweet, 1854 - 807 oldal
 

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The religious sanction
lxv
than total fabrication
21
REAL EVIDENCE
23
SECTION I
25
Instances
26
SECTION II
27
or Confessions
29
Reasons which give birth to municipal law shew the necessity
32
Rules for disposal of matters of fact necessary
44
INTRODUCTION SECT II continued
47
INTRODUCTION SECT II continued
51
Principal securities for the truth of legal evidence
58
Indirect or circumstantial evidence
61
Forms superadded to writing
65
INCOMPETENCY OF WITNESSES
67
Testimony of women
71
161
77
Double principle of decision
88
Common law tribunal for deciding issues of fact
96
Special modes of proof provided by modern statutes
99
PRIMARY AND SECONDARY EVIDENCE
109
Trials by ordeal and camp fight
113
If disregarded by jury new trial not grantable
114
CHAPTER II
136
109
137
112
144
Illustration from secondhand evidence
145
RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET
152
LEGAL PRESUMPTIONS
160
Distinction between competency and credibility of witnesses
169
Omychund or Omichund v Barker
177
145
191
To exculpate from criminal charge
195
BOOK I CHAP I continued
209
General rule of the old
217
Division the second
229
And must be on oath
232
Brasiers case
248
Is either necessary or presumptive
251
Rules of incompetency in the English
253
Necessary inferences from circumstantial real evidence
257
CHANCERY LANE
267
206
268
DOCUMENTARY EVIDENCE IN GENERAL
271
Private writings
277
This presumption carried too far in practice
278
PROOF OF HANDWRITING
279
Proof of handwriting
294
Exceptions
302
244
318
Matters deemed notorious
320
Opinions of witnesses not evidence
328
If he does his answer cannot be con
329
Demonstrative
331
And exclusive 268
341
626
345
Sufficient to prove so much of an indictment as charges
349
Operation of these statutes
357
Res inter alios acta alteri nocere non debet
364
288
367
Distinction
373
Proper signification
375
Different kinds
376
Want of religion
378
Inference may be drawn without the intervention of a jury
379
Rebuttable presumptions of law or præsumptiones juris tantùm
387
Division the third
389
Division of presumptions of fact into slight and strong
393
SECTION III
403
Rules respecting
404
Earlier sections do not take away the common law
449
BOOK II CHAP I SECT II SUBSECT III continued PAGE
454
Formerly carried to an unreasonable length
461
Distinction between res inter alios acta and derivative evidence
464
Presumption of willingness to accept a benefit
468
BOOK II CHAP I SECT II SUBSECT VI continued PAGE
474
Terms of partnership
481
SUBSECTION IV
481
SUBSECTION VI
481
SUBSECTION VII
481
SUBSECTION VIII
488
BOOK II CHAP I SECT II SUBSECT VIII continued page
490
Liability of common carriers for the loss of goods entrusted to them
496
Exception by 14 15 Vict c 19
498
To fix the place of the commission
510
Intention not existing
522
Evidence excluded on the grounds of vexation
527
Evidence to the character of witnesses
528
Extrinsic evidence
545
Supposed oral evidence delivered through oral
546
Resolutions of the judges under the 6 7 Will IV c 114
551
Length of notice
558
Expediency of rejecting witnesses as incompetent
564
Erroneous ruling relative to the order of beginning how rec
567
Proof of appointments of public officers
568
Supposed written evidence delivered through oral 24
570
Collateral matters
576
Exceptions to the credit of witnesses
577
Fear indicated by passive deportment
582
Illustrations of the rule res inter alios acta
585
BOOK II continued
598
Discussion of the principle laid down in that case
604
BOOK II CHAP VI SECT I continued
608
Different kinds
616
The tribunal should look at the real question between the parties
627
Mistakes of
642
CHAPTER I
655
CHAPTER VII
657
45
678
SECTION I
680
PAGE
686
DIRECT AND CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS
687
Division the fourth
691
Social
694
47
696
592
697
When the judgment pronounces contrary to law i e declares
700
608
713
Former statements by witness inconsistent with his evidence
723
Examined copies
730
621
735
Examination Crossexamination and Examination ex adverso
736
An Act to facilitate the Admission in Evidence of certain official
749
An Act to amend an Act of the Fourteenth and Fifteenth Victoria
757
Jacob Jans A D 1643
764
Distinction formerly taken with respect to confessions
767
The civil law maxim 66
768
Judicial evidence either direct or circumstantial
770
Difference as to the effect of evidence in civil and criminal pro
773
Interlineations erasures c in written instruments
775
Evasive responsion
776
In framing rules of judicial proof the consequences
777
Fear indicated by a desire for secrecy
779
JUDICIAL EVIDENCE
780
Is charged with the general conduct of the proceedings
784
Presumption of higher degree of guilt
793
697
798
General observations on the subject of this section
802
Witnesswhat
805
Publicity of judicial proceedings
806

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592. oldal - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
633. oldal - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
540. oldal - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
445. oldal - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
353. oldal - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
728. oldal - Ireland, without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same...
539. oldal - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
703. oldal - ... the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
635. oldal - Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone ; if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church : but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.
32. oldal - ... that true it was, that God had endowed his Majesty with excellent science, and great endowments of nature; but his Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods or fortunes of his subjects, are not to be decided by natural reason, but by the artificial reason and judgment of law, which law is an art which requires long study and experience before that a man can attain to the cognizance of it...

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