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 |
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Page x
... tribunals in deter- mining facts .. .. .. .. PAGE 28 29 29 32 Principal checks imposed on its tribunals by English law 32 1. Judges and jurymen must not decide facts on their personal knowledge .. .. 22 32 2. As a condition precedent to ...
... tribunals in deter- mining facts .. .. .. .. PAGE 28 29 29 32 Principal checks imposed on its tribunals by English law 32 1. Judges and jurymen must not decide facts on their personal knowledge .. .. 22 32 2. As a condition precedent to ...
Page xii
... tribunal 3. In determining the admissibility of evidence , the production of the best evidence should be exacted .. Distinction between the admissibility and weight of evidence The one matter of law , the other matter of fact Common law ...
... tribunal 3. In determining the admissibility of evidence , the production of the best evidence should be exacted .. Distinction between the admissibility and weight of evidence The one matter of law , the other matter of fact Common law ...
Page xiii
... tribunals Advantages and disadvantages of each .. .. Common law tribunal of a compound nature - partly fixed and partly casual .. .. Great advantages of this Rules regulating the admissibility of evidence 1. Evidence in causâ .. 2 ...
... tribunals Advantages and disadvantages of each .. .. Common law tribunal of a compound nature - partly fixed and partly casual .. .. Great advantages of this Rules regulating the admissibility of evidence 1. Evidence in causâ .. 2 ...
Page xiv
... tribunal and spectators .. .. .. 124 .. 124 132 CHAPTER II . HISTORY OF THE RISE AND PROGRESS OF THE ENGLISH LAW OF Object of this chapter EVIDENCE , ETC. .. .. .. .. .. ·· .. 136 136 .. 137 the Inconsistent dicta as to the antiquity of ...
... tribunal and spectators .. .. .. 124 .. 124 132 CHAPTER II . HISTORY OF THE RISE AND PROGRESS OF THE ENGLISH LAW OF Object of this chapter EVIDENCE , ETC. .. .. .. .. .. ·· .. 136 136 .. 137 the Inconsistent dicta as to the antiquity of ...
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... statements wholly immaterial may be disregarded But not when they affect what is material The tribunal should look at the real question between the parties .. 345 .. 346 346 PART III . BOOK I. CHAP . III .- ( CONTENTS . xxiii.
... statements wholly immaterial may be disregarded But not when they affect what is material The tribunal should look at the real question between the parties .. 345 .. 346 346 PART III . BOOK I. CHAP . III .- ( CONTENTS . xxiii.
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Common terms and phrases
15 Vict accused admissible authority Benth Blackst Bonnier cause circumstances civil civil law common law competent confession conviction corpus delicti counsel courts of justice crime criminal deed defendant dence document Domat estoppel examined Exch existence fact false give evidence Greenl ground guilty Hale handwriting incompetency indictment infra Inst instance judge judgment judicial evidence Jurist jury Litt Lord marriage Mascard matter maxim ment murder nature ness Nisi Prius oath objection observed offence onus probandi party perjury person Phill plaintiff pleading Poth practice præsumptio presumed presumption primâ facie principle Prob proof proved quæ question racter real evidence reason received rejected respect rule says sect shew Sir Edward Coke Stark statute sumptions supposed Supra sworn Tayl testi testimony tion Traité des Preuves trial tribunal truth verdict voir dire Vols witness
Popular passages
Page 590 - 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.
Page 631 - 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.
Page 540 - 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...
Page 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.
Page 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...
Page 726 - 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...
Page 539 - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
Page 701 - ... 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.
Page 633 - 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.
Page 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...