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INTRODUCTION. SECT. I.-(continued.)
PAGE
Different notions of men as to impossibility and improbability 20
Different persons may consider a thing possible or pro-
bable for opposite reasons
Misrepresentation, incompleteness, and exaggeration more usual
20
21
2222222
1. Conclusive
2. Presumptive
2. Indirect, or circumstantial, evidence
22
23
2. Unoriginal, derivative, transmitted, or second-hand evi-
INTRODUCTION. SECT. II.-(continued.)
Necessity and use of judicial evidence..
Reasons which give birth to municipal law shew the necessity
for authoritative regulation of proofs in its administration
1. Necessity for limiting the discretion of tribunals in deter-
mining facts
Principal checks imposed on its tribunals by English law 32
1. Judges and jurymen must not decide facts on
their personal knowledge
32
2. As a condition precedent to the reception of
evidence there must be an open and visible con-
nexion between the principal and evidentiary facts 33
Difference between public and domestic jurisdiction..
2. Necessity for speedy action of tribunals
Philosophical and historical inquiries
Ordinary business of life
Interest reipublicæ ut sit finis litium
34
36
37
38
39
41
1. Rebuttable - Præsumptiones juris, or
præsumptiones juris tantùm
2. Conclusive-Præsumptiones juris et de
3. In framing rules of judicial proof the consequences of
decisions must be looked to
INTRODUCTION. SECT. II-(continued.)-
Relevant evidence often excluded on motives of public
policy and social order ..
49
51
52
5. Requiring a certain number of witnesses or media of proof 73
93
94
1. The admissibility of evidence is matter of law, but the weight of
evidence is matter of fact
2. Matters of law, including the admissibility of evidence, are
proper to be determined by a fixed, matters of fact by a casual
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 for deciding issues of fact
Functions of judge
Is charged with the general conduct of the proceedings
Determines all questions of law and practice
Sums up the case to the jury..
Determines if there is any evidence for the jury
Maxim "Ad quæstionem facti non respondent judices, ad quæs-
tionem juris non respondent juratores"
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. Evidence extrà causam
3. Rules of forensic practice respecting evidence
The term "Rules of Evidence" most properly applicable to evi-
dence in causâ
97
98
98-99
99
Discretion of judge with reference to rules of forensic practice 105
ONE GENERAL RULE OF EVIDENCE in causâ-The best evidence must
be given
106
This rule commonly misunderstood
True meaning of it best understood from three chief applica-
Rules of evidence are in general the same in civil and criminal
proceedings..
Difference as to the effect of evidence in civil and criminal pro-
ceedings ..
.. 108
109
112
..
113
How far the rules of evidence may be relaxed by consent
Two other remarkable features of the English system
1. Viva voce examination and cross-examination of witnesses
2. Publicity of judicial proceedings