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 sider |
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Side xxiii
... prove some of the matters in question , though not others .. .. 2. Evidence not admissible in the first instance may ... proved .. 345 A branch of the more general principle " Lex rejicit superflua " 345 Averments and statements wholly ...
... prove some of the matters in question , though not others .. .. 2. Evidence not admissible in the first instance may ... proved .. 345 A branch of the more general principle " Lex rejicit superflua " 345 Averments and statements wholly ...
Side xxxv
... proving everything essential to the establish- ment of the charge against the accused lies on the prose- cution ... proved by eye - witnesses , inspection of the dead body may be dispensed with .. 508 Whether basis of corpus delicti ...
... proving everything essential to the establish- ment of the charge against the accused lies on the prose- cution ... proved by eye - witnesses , inspection of the dead body may be dispensed with .. 508 Whether basis of corpus delicti ...
Side lxv
... proved by human testimony , but also about the operations of nature , and other things beyond the discovery of our senses ( u ) ; and thus embraces the enormous class of subjects investigated by analogy and induction ( x ) . But here it ...
... proved by human testimony , but also about the operations of nature , and other things beyond the discovery of our senses ( u ) ; and thus embraces the enormous class of subjects investigated by analogy and induction ( x ) . But here it ...
Side lxv
... proved and that by which it is proved ( d ) . " Proof " is also applied to the conviction generated in the mind by proof properly so called ( e ) § 11. The word EVIDENCE signifies in its original sense the state of being evident , i . e ...
... proved and that by which it is proved ( d ) . " Proof " is also applied to the conviction generated in the mind by proof properly so called ( e ) § 11. The word EVIDENCE signifies in its original sense the state of being evident , i . e ...
Side 54
... prove a historical fact by de- rivative evidence affords , therefore , not the slightest presumption of unfairness ... proved has taken place so long ago that the original evidence is manifestly unattainable , and thus far partakes of ...
... prove a historical fact by de- rivative evidence affords , therefore , not the slightest presumption of unfairness ... proved has taken place so long ago that the original evidence is manifestly unattainable , and thus far partakes of ...
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Almindelige termer og sætninger
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
Populære passager
Side 590 - 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.
Side 631 - 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.
Side 540 - 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...
Side 445 - ... 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.
Side 353 - ... 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...
Side 726 - 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...
Side 539 - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
Side 701 - ... 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.
Side 633 - 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.
Side 32 - ... 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...