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, 1. kötet

Első borító
S. Sweet, 1855

Részletek a könyvből

Tartalomjegyzék

BOOK II CHAP I SECT II SUBSECT IV continued PAGE
7
DOCUMENTS
8
Psychological facts
9
Knowledge
11
The religious sanction
16
SECTION I
25
SECTION II
27
As a condition precedent to the reception
33
Confession of a matter compounded of law and fact
41
Rules for disposal of matters of fact necessary
44
INTRODUCTION SECT II continued
51
Principal securities for the truth of legal evidence
58
INCOMPETENCY OF WITNESSES
67
BOOK I CHAP III continued
71
161
77
888888
85
OBJECT AND DIVISION OF THE WORK
91
and partly casual
104
PRIMARY AND SECONDARY EVIDENCE
109
Canonical purgation and wager of
113
Classes
127
104
130
CHAPTER II
136
CHAP II continued
145
Public documents
152
LEGAL PRESUMPTIONS
160
Indicative evidence
163
Distinction between competency and credibility of witnesses
169
Omychund or Omichund v Barker
177
51
180
138
185
Concurrent and conflicting testimonies
188
145
191
Intensity of mental alienation
194
BOOK II CHAP I SECT II SUBSECT I continued PAGE
198
Judge and jury must not act on their personal know
203
By whom selfdisserving statements may be made
208
Witness may be questioned as to them
209
54
211
General rule of the old
217
Instruments of evidencewhat
225
173
227
County Court Act
231
178
236
Verdicts
241
In former times the principles of evidence not embodied in binding
243
This presumption carried too far in practice
251
Reported
253
CHANCERY LANE
267
206
268
DOCUMENTARY EVIDENCE IN GENERAL
271
Private writings
277
PROOF OF HANDWRITING
279
General ruleSecondary evidence is not receivable until the absence
280
38
282
Interlineations erasures c in written instruments
292
SECTION II
294
Exceptions
300
Original evidence must in general be adduced
320
CHAPTER II
330
Sensitive
331
Unstamped documents admissible for collateral purposes e g
345
Variances between pleading and proof fatal
352
Judgment
355
Difference as to the effect of evidence in civil and criminal pro
358
BOOK II
364
PROOF
373
Rebuttable Præsumptiones juris
377
Testimony of infant must be received from
381
Rebuttable presumptions of law or præsumptiones juris tantùm
387
Division of presumptions of fact into slight and strong
393
Where from motives of legal policy juries are recommended
398
SECTION III
403
The right to either possessory or absolute
439
Intention of owner must be considered
454
Presumption cannot be called for where it would be
460
PAGE
464
Presumption that every person intends the natural consequences
469
65
470
BOOK II CHAP I SECT II SUBSECT VI continued PAGE
474
Sometimes overrides presumptions derived from course of nature
478
SUBSECTION VII
481
SUBSECTION VIII
488
BOOK II CHAP I SECT II SUBSECT VIII continued PAGE
490
Liability of common carriers for the loss of goods entrusted to them
496
May be encountered by contrary testimony
498
Fundamental principleTHE BEST EVIDENCE MUST BE GIVEN
501
PRESUMPTIVE PROOF IN CRIMINAL CASES GENERALLY
502
Could not at the common law be made against the crown
509
Declarations of intention to commit an offence and threats
522
Evidence excluded on the grounds of vexation
527
Evidence to the character of witnesses
528
Fear indicated by passive deportment
530
Design of this section
532
Public favoured
533
Formerly more numerous
535
Declarations by deceased persons in the ordinary course of busi
540
Use of them
549
Resolutions of the judges under the 6 7 Will IV c 114
551
Nature of secondary evidence
559
Deficiency of intellectperson non compos mentis
564
CHAPTER III
570
Exceptions to the credit of witnesses
577
Differ from the former declarations in this that they must
578
489
582
And must be on oath
584
Illustrations of the rule res inter alios acta
585
BOOK II continued
598
Discussion of the principle laid down in that case
604
Nature
612
525
618
528
624
SUBSECTION I
627
Mistakes of
642
CHAPTER I
655
559
657
Origin of the common law rule
664
At common
669
Exceptions to the rule excluding derivative evidence
672
45
678
DIRECT AND CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS
687
Social
694
47
696
Stat West I 3 Edw I c 39
699
PART IV
705
Frequency of them
712
160
716
In ancient times
718
Idiots from birth
723
Examined copies
730
Court of criminal appeal constituted by 11 12 Vict c 78
733
621
735
CHAP II continued PAGE
741
Instances
746
An Act to facilitate the Admission in Evidence of certain official
749
An Act to amend an Act of the Fourteenth and Fifteenth Victoria
757
Abuses of judicial evidence
767
Original sense
770
estoppels
771
In framing rules of judicial proof the consequences
777
Its rules are either exclusionary or investitive
780
PRESUMPTIONS IN CRIMINAL
793
Prosecutions for perjury
795
SUBSECTION III
800
Confessions of impossible offences
801
ance of witnesses
806

Más kiadások - Összes megtekintése

Gyakori szavak és kifejezések

Bibliográfiai információk