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

William Mawdesley Best

S. Sweet, 1854 - 807 oldal

Tartalomjegyzék

• Persons deaf and dumb from birth: xxviii
• INTRODUCTION SECT II continued: liii
• INTRODUCTION: lxv
• Presumption: lxv
• PROOF: lxv
• CHAP I continued: lxv
• Positive or affirmative facts: lxv
• Definition: lxv
• The religious sanction: lxv
• than total fabrication: 21
• If disregarded by jury new trial not grantable: 24
• SECTION I: 25
• Instances: 26
• SECTION II: 27
• CHAP I continued: 28
• 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
• New trials for errors or misconduct of juries: 98
• Special modes of proof provided by modern statutes: 99
• Trials by ordeal and camp fight: 113
• CHAPTER II: 136
• 109: 137
• 112: 144
• Illustration from secondhand evidence: 145
• RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET: 152
• REAL EVIDENCE: 159
• LEGAL PRESUMPTIONS: 160
• Distinction between competency and credibility of witnesses: 169
• Omychund or Omichund v Barker: 177
• General rule of the old: 184
• 145: 191
• To exculpate from criminal charge: 195
• Husbands and wives of parties to the suit: 197
• Brasiers case: 201
• Additional: 206
• BOOK I CHAP I continued: 209
• Bigamy: 217
• Division the second: 229
• CHAP II continued: 248
• 191: 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: 294
• Exceptions: 302
• 244: 318
• Witnesswhat: 319
• 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
• CHAPTER III: 345
• Sufficient to prove so much of an indictment as charges: 349
• Operation of these statutes: 357
• PRIMARY AND SECONDARY EVIDENCE: 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
• The tribunal should look at the real question between the parties: 393
• SECTION III: 403
• Rules respecting: 404
• 328: 414
• Extent of this: 421
• Division of the subject: 429
• Prescriptive claim presumed from uninterrupted user: 433
• The right to either possessory or absolute: 439
• SECONDARY RULES Of evidence: 442
• Judicial confession: 444
• Earlier sections do not take away the common law: 449
• BOOK II CHAP I SECT II SUBSECT III continued PAGE: 454
• CHAPTER I: 458
• Formerly carried to an unreasonable length: 461
• Examination of them: 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
• Infirmative circumstances: 530
• 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
• Confined to charges of homicide where the language of: 580
• 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
• DIRECT AND CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS: 610
• Different kinds: 616
• SUBSECTION II: 627
• Mistakes of: 642
• Fear indicated by passive deportment: 650
• Infirmative hypotheses: 655
• CHAPTER VII: 657
• Conclusive judgments a species of estoppel: 666
• 45: 678
• Solemnity of the occasion deemed equivalent to: 681
• PAGE: 686
• THE MAXIMS OMNIA PRÆSUMUNTUR RITE ESSE ACTA: 687
• Division the fourth: 691
• Social: 694
• 47: 696
• 592: 697
• Difficulties in the application of the principle Res judicata: 704
• 608: 713
• Former statements by witness inconsistent with his evidence: 723
• Examined copies: 730
• 621: 735
• 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
• 711: 799
• General observations on the subject of this section: 802
• Publicity of judicial proceedings: 806

Népszerű szakaszok

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...

Bibliográfiai információk

• Cím: 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
• Szerző: William Mawdesley Best
• Kiadás: 2
• Kiadó: S. Sweet, 1854
• Terjedelem: 807 oldal