PRESUMPTIVE EVIDENCE in criminal cases-(continued.) (The several forms will be found under their respective titles.) PREVIOUS, Attempts to commit offence, presumption of guilt from, 519. Quarrels, presumption of homicide from, 393. PRIMA FACIE, Evidence, 395. Case, 340, 413. PRIMARY, Rules of evidence, 137, 138, 318-363. Evidence-What, 107, 539. Must in general be produced, 107, 539. Discussion of the question, whether this extends to evidence Of witnesses, in not answering certain questions, 162-168. PRIVILEGED COMMUNICATIONS, 50, 607, 687-695. Political, 687. Judicial, 688. Professional, 689. Social, 694. PROBABILITY, 6, 19. Preponderance of sufficient in civil cases, 114. PROCREATION, Power of, presumed, 389, 464. PROFESSIONAL, Communications, when privileged from disclosure, 56, 689. PROMISE OF MARRIAGE, Generally-Presumption from, 470. Parties not competent witnesses in action for breach of, 225. Judicature, how differing from domestic, 34-36. Policy, evidence rejected on grounds of, 50, 68, 687-696. Office, presumptions from course of business in, 472. PUBLICITY of judicial proceedings, A characteristic feature of English law, 94, 122. QUAKERS, Affirmation of, receivable, 216, 217. QUANTITY OF EVIDENCE, The exacting a certain number of witnesses, or other media of proof, a security against misdecision, 73. Arguments for a plurality of witnesses in all cases, 658. Arguments against it, 660. English law on this subject, 657-686. General rule-No particular number of witnesses or media of proof required, 657. Origin of this rule, 664. Exceptions, 665. At common law, 665. Prosecutions for perjury, 665. Proof of wills in certain cases, 675. Trial by witnesses, 675. Claims of villenage or niefty, 679. QUANTITY OF EVIDENCE-(continued.) By statute, 679. Trials for treason and misprision of treason, 679. Other exceptions, 686. No artificial weight attached to the testimony of the two wit- nesses, 686. Laws of other nations on this subject, 73-80, 657–662. Civil and Canon law, 74-79, 658-662. Mosaic law, 73, 657-660, 679. Mohammedan law, 74. Hindu law, 657. Limits to number of witnesses imposed by the laws of some coun- QUARRELS, Presumption of homicide from, 393. QUASI, Præsumptiones juris, 397. Public documents, 586. QUESTIONS, Privilege in not answering certain. See WITNESS. QUINTILIAN, Excellence of his rules for the interrogation of witnesses, 735. Erroneous notion from misapprehension of a passage in his works, 735. RASH PRESUMPTIONS, 390-392. See PRESUMPTION. RATIFICATION, 386. REAL EVIDENCE, 251-270. What, 23, 251. Direct, 251. Circumstantial, 251, 254–259. Immediate, 23, 251. Reported, 23, 251, 253. Infirmative hypotheses affecting, 258-264. Accident, 258. Forgery, 258, 259–263. Appearance the result of lawful action, 258, 263. Sometimes fallacious as to the quality of crime, 264. Presumption of larceny from possession of stolen property, 265-270. REBUTTABLE PRESUMPTIONS, 41. See PRESUMPTION. REBUTTING CASE, 706. RECEIPT, Presumption of payment from, 379, 395. Does not exclude other proof, 283. RECITAL, Estoppel by, 617. RECORD, Imports absolute verity, 275, 415, 698. Difference between substantive and judicial portions of, 698, 699. RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET, 581-586. Meaning of this rule, 581. Distinction between and derivative evidence, 582. Not to be confounded with res gestæ, 583. Exceptions to the rule, 585. Antiquity of this rule, 139. Roman law respecting, 140, 581. RES INTER ALIOS JUDICATA ALTERI NOCERE NON DEBET, 582, 699. See RES JUDICATA PRO VERITATE ACCIPITUR. RES JUDICATA PRO VERITATE ACCIPITUR, 43, 697–704. Meaning of the maxim, 275, 697-699. Cases in which it applies, 701. The thing must be the same, 701. The parties must be the same, 698, 699, 701. Exceptions, 702. Judgments in rem, 702. Other instances, 702. Cases in which judgments, verdicts and awards, are null, &c., 699-701. And are impeachable for fraud, 703. And may be shewn forged, 704. RESOLUTIONS OF THE JUDGES, under 6 & 7 Will. IV. c. 114, 551. Practice under them, 552. REVOCATION, Presumption of, 471, 475. RIGHT TO BEGIN. See BEGINNING, ORDER OF. RULES, Of judicial evidence. Necessity for. See EVIDENCE, Judicial. In English law- In general rules of law, 94, 148. The same in civil and criminal proceedings, 113, 317, 502. Different kinds of, 105. Evidence in causâ, 105. extra causam, 105. Primary rules, 137, 318. Secondary rules, 137, 138, 318. Discretion of judge respecting, 105, 148, 705. Whether they can be relaxed by consent, 116-121, 719. Of presumptive proof in criminal cases, 503-517. Respecting estoppels, 614, 615. For conducting the examination and cross-examination of witnesses, RUMOUR, Received as evidence by the civilians, 78, 536. SANCTIONS Of Truth, The natural sanction, 12, 744. moral sanction, 13. religious sanction, 14, 58. |