Rationale of Judicial Evidence, Specially Applied to English Practice, Nide 2Hunt and Clarke, 1827 |
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Rationale of Judicial Evidence: Specially Applied to English Practice ... John Stuart Mill,Jeremy Bentham Esikatselu ei käytettävissä - 2014 |
Yleiset termit ja lausekkeet
advocate affidavit afforded answer applied authentication brought to view called cause character common law contract court court of equity decision defendant degree delay delivered dence deponent deposition ecclesiastical courts effect employed ends of justice English English law enquiry equity examination expense extracted extraneous witness fact false falsehood favour fide formalities given ground hand happen holography inconvenience individual instance instrument interest interrogation interrogatories judge judicial jury lawyers legislator less mala fides mass matter mendacity ment mischief misdecision mode nature necessary ness notary oath object observed occasion onomastic operation particular party perjury person plaintiff practice preappointed evidence present principle of distinctness procedure proposed respondent punishment purpose question racter ready-written received recolement registration rendered respect rule shape side sion sort species spurious sufficient suit supposed taken testator testimony tion trustworthiness truth unfair uno flatu vexation vivá vivá voce words writing
Suositut otteet
Sivu 580 - in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least.
Sivu 159 - hireling advocate, observing in an honest witness a deponent whose testimony promises to be adverse, assumes terrific tones and deportment, and, pretending to find dishonesty on the part of the witness, strives to give his testimony the appearance of it : suppressing thus one part of what he would have had to say, and rendering what he does
Sivu 71 - Thus far the learned judge. The decision evidently alluded to by him will appear from the following document: " Appendix, No. 2. Questions referred by the lords to the judges, in the impeachment of Warren Hastings, Esq.; and the answers of the judges. Extracted from the Lords
Sivu 71 - Question 1. Whether, when a witness produced and examined in a criminal proceeding by a prosecutor, disclaims all knowledge of any matter so interrogated, it be competent for such prosecutor to pursue such examination, by
Sivu 263 - no interest in so doing. The question would be proper before the grand jury, who, if they thought the defendant did not intend to perjure himself, would throw out the indictment : on the other hand, if there were ground for the indictment, it would be wrong for him to interpose. " The reporter
Sivu 58 - If a witness should appear to be in the interest of the opposite party, or unwilling to give evidence, the court will in its discretion allow the examination-in-chief to assume something of the form of a cross-examination.
Sivu 72 - answer supposed to have been made by such witness before a Committee of the House of Commons, or in any other place; and by demanding of him whether the particulars so suggested were not the answer he had so made.
Sivu 159 - is not the proper course, nor is it taken with him. For bringing to light the falsehood of a witness really believed to be mendacious, the more suitable, or rather the only suitable, course, is to forbear to express the suspicion he has inspired. Supposing his tale clear of suspicion, he runs on his course with fluency, till he is entangled in some irretrievable contradiction, at variance
Sivu 577 - except the said testimony, or the substance thereof, were committed to writing within six days after the making of the said will.
Sivu 133 - a capital, in contradistinction to a non-capital, one. " In Sir H. Vane's case," (continues Buller) " who was indicted for high-treason," (it was along with the regicides concerned in the murder of Charles I.) " the court refused to sign a bill of exceptions.'' Refused? why? " Because" (continues Buller) " they said criminal cases were not within the statute, but only actions between party and party.