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 WitnessesS. Sweet, 1854 - 807 oldal |
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x. oldal
... proof LEGAL PRESUMPTIONS Grounds of .. .. .. .. .. 81555 .. 36 36 .. 37 37 .. 38 38 .. 38 39 .. 39 39 .. 41 41 41 Different kinds of 1. Rebuttable - Præsumptiones juris , or præsumptiones juris tantùm .. 2. Conclusive - Præsumptiones ...
... proof LEGAL PRESUMPTIONS Grounds of .. .. .. .. .. 81555 .. 36 36 .. 37 37 .. 38 38 .. 38 39 .. 39 39 .. 41 41 41 Different kinds of 1. Rebuttable - Præsumptiones juris , or præsumptiones juris tantùm .. 2. Conclusive - Præsumptiones ...
xxi. oldal
... PROOF OF HANDWRITING . PAGE Proof of handwriting .. .. .. 294 Present section confined to proof of handwriting by resemblance to that of supposed writer .. 294 A species of circumstantial evidence Not secondary to direct evidence ...
... PROOF OF HANDWRITING . PAGE Proof of handwriting .. .. .. 294 Present section confined to proof of handwriting by resemblance to that of supposed writer .. 294 A species of circumstantial evidence Not secondary to direct evidence ...
xxiii. oldal
... proof 334 Principles regulating the burden of proof 335 1. General rule — the burden of proof lies on the party who asserts the affirmative .. 335 .. .. .. . 337 Fallacy of the maxim that " a negative is incapable of proof " 335 ...
... proof 334 Principles regulating the burden of proof 335 1. General rule — the burden of proof lies on the party who asserts the affirmative .. 335 .. .. .. . 337 Fallacy of the maxim that " a negative is incapable of proof " 335 ...
xxiv. oldal
... proof fatal Formerly carried too far Amendment of variances 9 Geo . IV . c . 15 .. .. R. G. H. 4 Will . IV . R. 5 ( Pleading ) . R. G. H. 16 Vict . RR . 1 & 2 3 & 4 Will . IV . c . 42 .. Operation of these statutes 15 & 16 Vict . c . 76 ...
... proof fatal Formerly carried too far Amendment of variances 9 Geo . IV . c . 15 .. .. R. G. H. 4 Will . IV . R. 5 ( Pleading ) . R. G. H. 16 Vict . RR . 1 & 2 3 & 4 Will . IV . c . 42 .. Operation of these statutes 15 & 16 Vict . c . 76 ...
xxvi. oldal
... proof , or shift the burden of proof 393 Use and effect of Complete a chain of evidence .. A number of them may constitute proof Instance from the civil law 2. Strong presumptions of fact 393 .. 394 394 .. 394 395 Shift the burden of ...
... proof , or shift the burden of proof 393 Use and effect of Complete a chain of evidence .. A number of them may constitute proof Instance from the civil law 2. Strong presumptions of fact 393 .. 394 394 .. 394 395 Shift the burden of ...
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Más kiadások - Összes megtekintése
Gyakori szavak és kifejezések
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
Népszerű szakaszok
590. oldal - 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.
631. oldal - 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.
540. oldal - 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...
445. oldal - ... 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.
353. oldal - ... 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...
726. oldal - 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...
539. oldal - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
701. oldal - ... 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.
633. oldal - 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.
32. oldal - ... 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...