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

Etukansi
S. Sweet, 1854 - 807 sivua
 

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Sisältö

continued
42
Abuses of judicial evidence
76
Introduction Sect II continued paof
79
Conclusion
89
Distinction between the admissibility and weight of evidence
95
Chap I continued page
97
Rules regulating the admissibility of evidence
105
Two other remarkable features of the English system
121
Chap I continued page
124
Book II Our VII continued PAGE
131
CHAPTER II
136
In former times the principles of evidence not embodied in binding
145
The English system of judicial evidence a noble one taken as a whole
155
REAL EVIDENCE
159
Generally all persons compellable to give evidence
161
SECTION II
169
Expediency of rejecting witnesses as incompetent
187
ness grief c
189
Book I Chap I continued paoe
209
Chap I Sect II continued fade
217
Persons erroneously supposed incompetent witnesses
232
SECTION III
247
Real evidencewhat
251
Infirmative hypotheses affecting real evidence
258
Chancery Lane
267
DOCUMENTARY EVIDENCE IN GENERAL
271
Private writings
277
Written narratives or memoranda although not admissible in evidence
284
Interlineations erasures c in written instruments
291
Proof of handwriting
294
Scientific evidence that writing is in a feigned hand
309
Infinnative circumstances affecting all presumptive proof of handwriting
316
PRIMARY RULES OF EVIDENCE
318
CHAPTER II
331
CHAPTER III
345
Boot I Chap III continued page
346
Variances between pleading and proof fatal
352
BOOK II
364
Book II Chap I Sect I continued page
365
Presumption
372
Book II Chap I Sect III continued
378
Book II Chap I Sect I SubSect I continued page
381
SUBSECTION II
388
Book II Chap I Sect II SubSect III continued page
454
Belief of juries
463
Book II Chap I Sect II SubSect IV continued page
467
SUBSECTION VI
473
Book II Chap I Sect II SubSect VI continued page
474
SUBSECTION VII
481
SUBSECTION VIII
488
Book II Chap I Sect II SubSect VIII continued paof
490
Liability of innkeeper for the loss of the goods of guest
496
Rules of evidence generally the same in civil and criminal proceedings
502
Book II Chap I Sect III SubSect II continued paoe
510
Book II Chap I Sect III SubSect III continued pace
521
Fear indicated by passive deportment
529
Primary and Secondary Evidence
539
Secondary evidence
556
Exceptions to the rule requiring primary evidence
562
Book XI Cuap II continued page
565
Maxim hearsay is not evidence
572
Dying declarations
579
Res inter alios acta alteri nocere non debet c
581
CHAPTER V
587
Book II continued
598
Book II Chap VI Sect I continued faoi
608
Different kinds of
616
The civil law maxim Allegans suam turpitudinem or suum
622
or Confessions
626
SUBSECTION III
632
False selfcriminative statements
640
Nonresponsion
653
Legitimate use of instances of false confessions of guilt
656
Arguments against it
664
CHAPTER VIII
687
Rejection of evidence tendered for expense vexation or delay
696
Book II Chap IX continued page
697
Difficulties in the application of the principle Res judicata c
704
Chap I continued page
712
CHAPTER II
734
Chap II continued page
741
An Act to facilitate the Admission in Evidence of certain official
749
No 2
759
CONFESSIONS OF WITCHCRAFT
765
Presumption of higher degree of guilt 500
793

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Sivu 616 - 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.
Sivu 657 - 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.
Sivu 564 - 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...
Sivu 445 - ... 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.
Sivu 353 - ... 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...
Sivu 752 - 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...
Sivu 563 - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
Sivu 727 - ... 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.
Sivu 659 - 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.
Sivu 32 - ... 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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