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" Court may deem it right to relax the rule against leading questions, and allow the examination in chief to assume something of the form of a cross-examination. "
The Works of Jeremy Bentham - Sivu 397
tekijä(t) Jeremy Bentham - 1843
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 sivua
...bias, which they are generally too much disposed to feel, in favour of the party that calls them. But, if a witness should appear to be in the interest of...evidence, the Court will in its discretion allow the examination in chief to assume the form of a cross-examination. And, in examining a witness for the...

A Treatise on the Law of Evidence, Nide 1

Samuel March Phillipps - 1820 - 838 sivua
...may have interfered, it will not follow that he has by thi» alone made himself liable as partner. If a witness should appear to be in the interest of the opposite part}' or unwilling to give evidence, the Court will in its discretion allow the examination in chief...

Rationale of judicial evidence, specially applied to English practice, from ...

Jeremy Bentham - 1827 - 726 sivua
...injustice, leaving no right secure, nor any iniquity without hope. [Mr. Phillipps's Law of Evidence, i. 256, says, " If a witness should appear to be in the interest...form of a cross-examination. It appears therefore same basis in all cases ? that is to say, in the sense of the court respecting the propriety or impropriety...

A Practical Abridgment of American Common Law Cases Argued and ..., Nide 8

Jacob D. Wheeler - 1836 - 624 sivua
...allowed on the examination in chief; yet if the witness appears to be in the interest of the other party, or unwilling to give evidence, the court will, in its discretion, permit the examination in chief to assume the form of a cross-examination ; 1 Phil. Ev. 205 ; 1 Stark....

A Treatise on the Law of Evidence, Osa 2

Samuel March Phillipps - 1838 - 586 sivua
...witness may be properly asked, whether the one defendant has interfered in the business of the other. (2) If a witness should appear to be in the interest of...to give evidence, the Court will in its discretion relax the rule against leading questions, and allow the examination in chief to assume something of...

The Works of Jeremy Bentham, Now First Collected: Under the Superintendence ...

Jeremy Bentham - 1839 - 302 sivua
...no right secure, nor any iniquity without hope. [Mr. Phillipps (Law of Evidence, 6th Edit. i. 256) says, " If a witness should appear to be in the interest...law lias to a great degree been set aside by other judgemade law, subsequently enacted. — Editor.] make known a disposition to afford to the recollection...

Notes on Military Law: Proceedings of Courts Martial; Etc

Frederick Augustus Griffiths - 1841 - 226 sivua
...one, it must be properly inserted at length, instead of being merely recorded as a corroboration.* -» If a witness should appear to be in the interest of...evidence, the Court will, in its discretion, allow the examination in chief to assume something of the form of a cross-examination.f Leading questions, that...

The Works of Jeremy Bentham, Nide 6

Jeremy Bentham - 1843 - 604 sivua
...no right secure, nor any iniquity without hope. [Mr. Phillipps (Law of Evidence, 6th Edit i. -T.ll) says, " If a witness should appear to be in the interest...appears therefore that this rule of judge-made law has to a great degree been set aside by other judger.:adc law, subsequently enacted.— /•.'./i'/«i,...

Proceedings of the Naval Court Martial in the Case of Alexander Slidell ...

Alexander Slidell Mackenzie - 1844 - 368 sivua
...party who calls him.' And by Phillips on Evidence, 1st vol., 2159, Cowen's edition, it is staled, ' If a witness should appear to be in the interest of...evidence, the court will, in its discretion, allow the examination in chief to assume something of the form of a cross-examination.' And in Roscoe's Grim....

A Treatise on Crimes and Misdemeanors, Nide 3

William Oldnall Russell - 1877 - 778 sivua
...proposed contradiction, where a witness has denied that certain specific words were used.(Z) *"9j.i ^ a witness should appear to be in the interest of the opposite *party, or J unwilling to give evidence, the court may deem it right to relax the rule against leading questions,...




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