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
 

Kiválasztott oldalak

Tartalomjegyzék

Divisions of evidence
22
REAL EVIDENCE
23
Public writings in general
25
SECTION II
27
or Confessions
29
Necessity for speedy action of tribunals
36
Confession of a matter compounded of law and fact
41
Rules for disposal of matters of fact necessary
44
21
45
INTRODUCTION SECT IIcontinued
51
Division the first
53
Principal securities for the truth of legal evidence
58
INCOMPETENCY OF WITNESSES
67
BOOK I CHAP III continued
71
Requiring a certain number of witnesses or media of proof
73
161
77
Application of the calculus of probabilities to judicial
83
Conclusion
89
Common law tribunal for deciding issues of fact
96
Maxim Ad quæstionem facti non respondent judices ad quæs
98
Special modes of proof provided by modern statutes
99
Common law tribunal of a compound naturepartly fixed
104
PRIMARY AND SECONDARY EVIDENCE
109
Trials by ordeal and camp fight
113
Sect 7
115
104
130
CHAPTER II
136
Sect 13
139
RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET
152
PART II
159
LEGAL PRESUMPTIONS
160
Presumption in favour of human testimony
169
Rules of incompetency in the English
181
Concurrent and conflicting testimonies
188
Discretion of judge with reference to rules of forensic practice 105
196
judge
202
By whom selfdisserving statements may be made
208
Witness may be questioned as to them
209
County Court Act 9 10 Vict c 95
217
Division the second
229
Persons erroneously supposed incompetent witnesses
232
181
244
Real evidencewhat
251
Relaxed in modern practice
253
Necessary inferences from circumstantial real evidence
257
Forgery of real evidence with double object
263
CHANCERY Lane
267
PROOF OF HANDWRITING
279
SUBSECTION I
280
Proof of handwriting
294
Judge and jury must not act on their personal know
308
Matters deemed notorious
320
Matters of public and general interest
323
stood
326
Not always bound to answer
329
Demonstrative
331
CHAPTER III
345
But not by proof of particular facts
349
Variances between pleading and proof fatal
352
Judgment
355
716
359
Res inter alios acta alteri nocere non debet
364
Witnesses to character generally treated with great
370
This presumption carried too far in practice
373
Proper signification
375
Rebuttable Præsumptiones juris
377
Mixed presumptions
378
Use of them
382
Rebuttable presumptions of law or præsumptiones juris tantùm
387
SUBSECTION II
388
Division the third
389
Slight presumptions
393
Where from motives of legal policy juries are recommended
398
Extent of this
421
Maxim does not apply to give jurisdiction
425
Hen VIII c 2 and 21 Jac I c 16
431
The Secondary Rules of Evidence
437
Effect
438
364
445
Earlier sections do not take away the common law
449
BOOK II CHAP I SECT II SUBSECT III continued PAGE
454
Difference between them and præsumptiones juris
464
BOOK II CHAP I SECT II SUBSECT VI continued PAGE
474
Other presumptions from usages of trade
481
SUBSECTION IV
481
SUBSECTION VI
481
66
481
crime
486
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
Presumptive evidence of the most
506
To fix the place of the commission
510
Crime committed by another person
522
Abuse
527
Fear indicated by passive deportment
530
Resolutions of the judges under the 6 7 Will IV c 114
551
Length of notice
558
Estoppels
585
tribunal
596
BOOK II continued
598
Indicative evidence
609
Nature
612
Rules respecting
614
Oaths and other sanctions of truth
616
General observations on the subject of this section
619
SECTION III
626
SUBSECTION II
629
Others less obvious
643
Plenary
650
CHAPTER I
655
Origin of the common law rule
664
Conclusive judgments a species of estoppel
666
Exceptions to the rule excluding derivative evidence
672
SECTION I
680
DIRECT AND CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS
687
Division the fourth
691
Social
694
Original evidence must in general be adduced
699
Difficulties in the application of the principle Res judicata
704
Erroneous ruling relative to the order of beginning how rec
716
Former statements by witness inconsistent with his evidence
723
Examined copies
730
Pleadable
731
pense and delay
732
CHAPTER IX
734
Examination Crossexamination and Examination ex adverso
736
CHAP II continued PAGE
741
An Act to facilitate the Admission in Evidence of certain official
749
No 2
759
Casual evidence
770
Distinction with respect to pleading between them and other
771
Maxim Res judicata pro veritate accipitur
776
Two other remarkable features of the English system
778
JUDICIAL EVIDENCE
780
How ascertained
781
3
785
Refusal to comply with religious forms
789
PRESUMPTIONS IN CRIMINAL
793
Primary and Secondary rules of evidence
794
Exceptions created by statute
796
In former times the principles of evidence not embodied in binding
798
Not plenary
799
SUBSECTION III
800
Witnesswhat
805
121
806

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590. 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.
631. 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...
726. 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...
701. 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.
633. 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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