Oldalképek
PDF
ePub

AWARDS,

Presumptions in favour of, 425.
Void, 701.

BANK BOOKS, 275.

BASTARDY,

Presumption against, 417.

Corroborative evidence in, 671, 686.

BEGINNING, ORDER OF; ORDO INCIPIENDI; OR RIGHT TO BEGIN,

Principles by which it is governed, 713-716.

Decided by the judge, 706, 716.

Erroneous ruling respecting, how rectified, 716.

Advantages and disadvantages of, 717.

BELIEF,

In human testimony, 11, 169.

Of juries, 463.

Religious,

Want of, a ground of incompetency, 207.

BENEFICIAL ENJOYMENT,

Presumptions made in support of, 457.

BENEFIT,

Presumption of willingness to accept, 468.
BENEFITING others,

False confessions from desire of, 647.

BEST EVIDENCE must be given, 69, 94, 106, 364.
BIGAMY, prosecutions for.

An actual marriage must be proved, 417.
Competency of second husband or wife, 228.
BILL OF EXCEPTIONS, 731, 733.

BILL OF EXCHANGE,

Consideration for, presumed, 387, 495.
BURDEN OF PROOF, OR ONUS PROBANDI,
Natural principles regulating, 39, 331.
Artificial rules of, 39, 332.

General test for determining, 334.

Rules of-

1. The burden of proof lies on the party who asserts the affirma-
tive, 335.

2. May be shifted by certain presumptions, and by primâ facie

evidence, 340, 392, 393, 395.

3. Lies on the party who has peculiar means of knowledge, 340.

Sometimes regulated by statute, 335, 501.

Technical rules of, not so strictly followed when they press against

accused persons, 113, 396.

Incumbency of proof decided by the judge, 96.

When shifted by the possession of stolen property, 265.

BUSINESS,

Presumptions from course of, 472.

Declarations by deceased persons in course of, 577.

Secrets of, not privileged from disclosure, 695.

CALCULUS OF PROBABILITIES,

Futile attempts to apply to judicial testimony, 85.
Illustrations from, 371.

CAMP FIGHT, 38.

CANON LAW,

Number of media of proof required in, 73, 658.

Adultery cannot be proved by confession alone, 505.

CANONICAL PURGATION, 38.

CAUSA, evidence in, 105.

CAUSAM, evidence extrà, 105.

Discussion of the question whether rule requiring primary evidence

extends to, 539-556.

CASUAL,

Evidence, 26, 68.

Tribunal, 94, 99.

CERTAINTY,

Original sense of, 5.

Secondary signification-Moral certainty, 6.

Moral certainty of guilt required in criminal cases, 114, 503.

CHAIN of evidentiary facts, 367, 370.

Probative force of, in presumptive proof, 370.

CHANGE OF LIFE OR CIRCUMSTANCES,

Presumption of guilt from, 393, 524.

CHARACTER, evidence of,

Generally speaking, not receivable, 110, 323.

Of parties, 323–329.

Of witnesses, 329.

CHEMICAL TESTS of poison, 514, 592.

CHILDREN,

Testimony of, 196-206.

Dying declarations of, 204, 579.

CIRCUMSTANTIAL EVIDENCE,

Different kinds of, 22, 251, 254, 365.
Conclusive, 22, 365.

How differing from estoppel, 613.

Presumptive, 22, 365.

See PRESUMPTIVE EVIDENCE.

Admissible as well as direct, 365, 670, 672, 678.

Comparison between and direct evidence, 367-370.

Not affected by the rule requiring primary evidence, 569.
CIVIL LAW,

Number of media of proof required by, 74-79, 658.

CIVIL LAW (continued.)

Proof of handwriting in, 294.

Rules of, as to competency of witnesses, 69, 71.

Extravagant weight attached by to confessions, 632. See also 599.
CLERGYMEN,

Admissibility of confessions made to, 690-694.

Confession made after exhortations of to confess, receivable, 629, 690.

CLERK of professional adviser,

Communications to, privileged from disclosure, 689.

COGENT evidence of grant, 439.

COINCIDENCES,

Form the elements or links of chains of presumptive proof, 370.
Are either moral or physical, 370.

Force of physical coincidences, 255.
COLLATERAL ISSUES,

Must not be raised, 319, 329, 722.
COMMISSION,

To examine witnesses, 46, 124, 127.
Of lunacy, 702.

COMMON CARRIERS, 495.

COMPARISON,

Proof of handwriting by, 300-314.

Not in general receivable, 300.

Used in a wide sense by our ancient lawyers, 316.
COMPETENCY. See WITNESS.

CONCLUSIVE,

Decisions, 697.

Evidence, how distinguished from estoppels, 613.
Presumptions. See PRESUMPTION.

CONFESSION,

By party not examined as witness, too remote to be legal evidence, 110.

Only evidence against the party making, 110, 585.

False confessions. See SELF-DISSERVING EVIDENCE.

CONFIDENTIAL COMMUNICATIONS.

CONFLICTING,

See PRIVILEGED COMMUNICATIONS.

[blocks in formation]

principal and evidentiary facts, 33, 109, 110, 320, 330.

Evidence without, valuable as indicative evidence, 112.

CONSENT,

Whether and how far rules of evidence may be relaxed by, 116-121.

CONSIDERATION,

For instruments under seal conclusively presumed, 277, 495.

For bills of exchange and promissory notes presumed, though re-

buttable, 387, 472.

Of parol agreements must be proved, 277, 495.

CONSPIRACY,

Evidence on charges of, 583, 584.

CONSTRUCTION OF INSTRUMENTS,

Presumptions relating to, 414, 427.

CONTEMPT Of Court,

Presumption against, 413.

CONTINUANCE of things in their existing state, presumption of, 473–481.
CONTRACTS,

Under seal, 277, 495.

Not under seal, 277, 495.

Abroad, 489.

CONVICTIONS BY MAGISTRATES, 424.

COPIES,

Various kinds of, 564-568.

CORPUS DELICTI, Proof of,

In general, 503-515.

By confessorial evidence, 506, 631.
In conspiracy, 583.
CORROBORATIVE EVIDENCE,

Of accomplices, 222, 223.

In bastardy, 671, 686.

In perjury, 670-674.

COUNSEL,

Communications to, privileged from disclosure, 56, 689.
Duty of at trial, 706, 711.

Practice respecting allowance of in criminal cases, 707-711.
Competent witness, 236-243.

[blocks in formation]

CRIMINAL PROCEEDINGS,

Rules of evidence in general the same as in civil, 113.

Exceptions, 113.

Rules of evidence not relaxed by consent in, 116.

Presumptive evidence in. See PRESUMPTIVE EVIDENCE.

Confessions in. See SELF-DISSERVING EVIDENCE.

Difference as to the effect of evidence in civil and criminal proceed-
ings,

Must be moral certainty of guilt in criminal proceedings, 114, 503.
Intent more material in them than in civil proceedings, 115.

CRIMINATE, questions tending to. See WITNESS.
CROSS-EXAMINATION,

Right of, 121, 707.

Advantages of, 121, 747.

Leading questions allowed on, 718.

Rules for conducting, 737-746.
Dangers of, 744.

CROWN,

No prescription against, 430.
Presumption of grants from, 442.

CUSTOMS, local, must be proved, 27.
DATE, 321, 471.

DEAF AND DUMB PERSONS,

May be witnesses, 190.

How examined, 190.

DEATH,

Presumption of, from absence, 477.

Proof of cause of in homicide, 510-515, 590, 592.

Debt,

Presumption of continuance of, 473.

DECLARATIONS,

On questions of public and general interest, &c. 575.
By members of a family on questions of pedigree, 575.

By deceased persons, 577.

Against their interest, 577.

In the course of business, 577.

By persons in expectation of death. See DYING DECLARATIONS.
Of intention to commit offence,

Presumption of guilt from, 522.

Substituted for oaths in certain cases, 224.

DEED,

What, 65, 277.

Consideration for, presumed, 277, 495.

Impeachable for fraud, 277, 288.

How proved, 278, 426, 606.

Estoppel by, 616, 617.

« ElőzőTovább »