Rationale of Judicial Evidence: Specially Applied to English Practice, Nide 4Hunt and Clarke, 1827 |
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Rationale of Judicial Evidence: Specially Applied to English Practice, Nide 4 Jeremy Bentham Esikatselu ei käytettävissä - 2015 |
Yleiset termit ja lausekkeet
abuse advantage afford alleged applied attached attorney branch called cause character client common law consequence corruption course court of equity courts of natural decision defendant degree delay demand demurrage dence device effect employed ends of judicature ends of justice English equity evidence existence expense false falsehood favour fee-gathering fees give given ground hand happen injustice instance instrument jargon judge judicial jurisprudential law jury justice of peace King's Bench lawyers legislator less licence lord lord ordinary mass matter mendacity ment mischief misdecision mode natural procedure necessary nullification object occasion operation partnership party perjury persons plaintiff plea pleading practice present principle produced profit punishment purpose quantity question racter reason received regard remedy rendered respect rule sham shape sinister interest sion sort special pleading statute law suit suitors supposed system of procedure technical system testimony thing tion vexation Westminster Hall witness word
Suositut otteet
Sivu 556 - In consequence of the notice of trial . . . he, this deponent, caused inquiry to be made," &c. (stating [says the form] the nature and result of the inquiry made after the witness, and the time when he is likely to attend.) Here we see hearsay evidence of the second remove : the persons inquired of, if any such there were, not upon oath, not judicially examined, nor even, without examination, judicially deposing : the supposed inquirer again in the same case. Such is the sort of evidence which, if...
Sivu 11 - No: where prejudice reigns, everything is to be lost by inquiry, nothing to be gained : by prejudice the same business is done (when it is done) upon much easier terms. But, in the very word summary, may be seen an indication which, if it does not of itself afford, at least points out the path to, a complete demonstration of the incongruity of that mode to which it stands opposed. What is a summary mode ? It is a mode, in and by which an efficient decision is obtained, with a less quantity of delay,...
Sivu 490 - It was very justly observed by a great judge, 'that all questions upon the rules of evidence are of vast importance to all orders and degrees of men; our lives, our liberty and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded.
Sivu 12 - From this single statement, admiting it to be true, follows a necessary consequence : viz : that unless under the summary there be some deficiency in respect of the security against misdecision, and that deficiency such that the mischief of it is of a magnitude to outweigh the advantage obtained by the defalcation from the mass of collateral inconvenience in the shape of delay, expense, and vexation, — the existence of the regular mode, be it what it will, is an enormous nuisance. Is the summary...
Sivu 10 - The use of regularity is recognized by everybody : the term regular is eulogistic. Get people to believe that summary procedure is something opposite to regular procedure, you may prevail with them and accustom them to regard the more expeditious procedure with a jealous eye. In an underhand way, you may thus insinuate and get them to believe (what you durst not assert), that there is a sort of incompatibility between the superior...
Sivu 490 - All questions upon the rules of evidence are of vast importance to all orders and degrees of men ; our lives, our liberty, and our property, are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded...
Sivu 484 - ... shutting the door against an article of true and unfallacious evidence necessary to conviction, operates as a license for the commission of a crime. In the exclusionary system, may therefore be seen a fund of encouragement constantly applied to the production of all imaginable crimes. On the plaintiff's side, in a suit of a non-criminal nature, an excluding rule, as often as it...
Sivu 8 - One of your two sons leaves his task undone, and tears his brother's clothes: both brothers claim the same plaything: two of your servants dispute to whose place it belongs to do a given piece of work. You animadvert upon these delinquencies, you settle these disputes : it scarce occurs to you that the study in which you have been sitting to hear this, is a tribunal, a court; your elbow-chair a bench; yourself a judge.
Sivu 3 - English practice : a proposition, the truth of which, howsoever unwelcome, will be found but too palpable, as we advance. Into no man's conception does it ever appear to enter, that the securing the maximum of happiness to the good people of England was the motive, or so much as among the motives, which brought Duke William upon a visit to King Harold ; — that it was a regard either for the purity of the Jewish faith, or the symmetry of Jewish mouths, that rendered one of his royal successors so...
Sivu 9 - In current nomenclature, the distinction nearest to a coincidence with that between technical procedure and natural, as here explained, is that between regular and summary ; but the coincidence is far short of being complete. Thus far, it is true, they agree, — that, in comparison of all technical procedure, all natural is always summary. But technical procedure has its branches which are called summary, as well as its branches which are called regular: for designating that which is not technical,...