Handbook of the Law of Evidence

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West, 1907 - 540 páginas
 

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Verdict in Accordance with Burden of Proof 7576
75
Burden of Proceeding may Shift 7677
76
CHAPTER V
79
Presumptions as Inferences 8082
80
3839 Presumptions as Rules of Law 8283
82
Rules of Equivalents 8386
83
4142 Prima Facie Rules or PresumptionsDeath 8690
86
Ownership of Personal Property
90
Wife Committing Crime in Presence of Hus band 9192
91
Capacity of Infants to commit Crime
93
Receipt of Letter 9495
94
Conclusive Rules or Presumptions 9596
95
Title to Land by Prescription 9697
96
Legal Origin of Custom 9799
97
Capacity of Infants to commit Crime
99
Presumption of Sanity 101104
101
Presumption of Intent 106107
106
Presumption against Change 107108
107
Presumption as to Law of Another State 108112
108
Presumption of Regularity and Legality 112113
112
Presumption of Innocence 113114
113
Presumption of Survivorship 114
114
Presumption of Knowledge of the Law
116
ADMISSIONS
118
CHAPTER VII
148
CHAPTER VIII
164
Same Line 186187
186
MKELV EV 2D ED ix
193
CHAPTER X
216
Section Page 133 Distinguished from Expert Evidence 222224
222
Opinion Evidence ProperReason for Admission 224227
224
135136 Expert Opinion Evidence 228230
228
137138 Distinction Between Expert Testimony as to Facts and Expert Opinion 230235
230
Matters Forming Subject of Expert Opinion 236240
236
Hypothetical Questions 240243
240
Damages as the Subject of Opinion Evidence 243245
243
142143 Sanity as the Subject of Expert Opinion 246248
246
144145 Handwriting as the Subject of Expert Testimony 249252
249
CHAPTER XI
253
Statement of General Rule 254256
254
Apparent Exceptions_Statements in Issue
257
Statements the Making of which is Circumstan tial Evidence 258263
258
Market Value and Reputation 263266
263
Real Exceptions to General Rule Against Hearsay Statements Admitted Because of the Diffi culty of Other Proof
267
Declarations Concerning Ancient Ownership 269271
269
Matters of Pedigree 271275
271
Kinds of Declarations Admissible 275276
275
By Whom Declarations Must be Made 276279
276
156157 Proof as to Declarants Connection with Family 279280
279
Extent of Rule
280
Proof of Age of Person 281282
281
Matters of a Public Nature 282283
282
Statements Admitted Because of Circumstances Giving Them Special Reliability 283284
283
Declarations Made Under Oath 284285
284
Conditions Under Which Declarations Un der Oath are Admissible 285288
285
Identity of Parties 288290
288
Disabilities which are Recognized 291293
291
Manner of Proof of Declarations 293295
293
Precise Language Not Necessary 295298
295
Extension of Rule 298299
307
199
330
CHAPTER XII
350
Persons Formerly Excluded as Witnesses
352
Parties to the Suit 355356
355
Husband or Wife of Party 356
356
226228 State Secrets 372373
372
SelfIncriminating Matters 373375
373
Husband or Wife of Witness Protected
375
How Privilege Claimed
376
Remedy in Case of Denial of Privilege
378
Privileged Matter to be Determined by Court 380381
380
Professional Communications 1 381383
381
205
383
What Included in Privileged Matters 384385
384
Inference from Exercise of Privilege
386
CHAPTER XIII
387
Witness to Testify Orally 390391
390
Refreshing Memory of Witness 391394
391
Admissibility of Papers Used to Refresh Recol lection 395396
395
Deception of Court by Witness
396
Leading Questions 397398
397
Application of Rule
398
251253 Impeaching Ones Own Witness 400_402
400
Exception to Rule 402403
402
Impeaching Testimony of Adopted Witness
404
CrossExamination 405407
405
Scope of CrossExamination 407409
407
Scope Unlimited in Respect to Credibility 409
409
Leading Questions on CrossExamination 410411
410
SelfContradiction 411413
411
Reexamination
413
CHAPTER XIV
415
Physical Objects as Evidence 416
416
Illustrative Evidence 418420
418
Pictorial Evidence as Original Evidence 420121
420
Authentication 421422
421
Materiality 422423
422
Accessibility
424
Writings in Narrow Sense
425
Original Documents Required 429430
429
When Secondary Evidence Admissible 430433
430
Kinds of Secondary Evidence 433
433
Production of Documents 434435
434
277279 Authentication of DocumentsAttested Docu ments 435
435
280_281 When Proof by Attesting Witnesses Excused 437438
437
282283 Kind of Evidence Necessary in Absence of At testing Witnesses 438
438
Nature of Proof Required from Attesting Wit nesses
439
Exceptions to Rule Requiring Proof of Execu tion 440_444
440
287288 Proof of Handwriting 444
444
By One who has Seen the Person Write 445447
445
Section Page 290 By One Familiar with the Writing 447448
447
By the Opinions of Experts
448
By Comparison of Hands by Jury 449451
449
Evidence Affecting the Contents of Documents 451453
451
Reason for Rule 454435
454
Validity of Instrument Questioned 455
455
Collateral Oral Agreements 456
456
Writing a Mere Memorandum
457
Oral Evidence of Custom
458
Evidence as to Alterations 459
459
Interpretation of Documents 462
462
Receipts 464403
464
CHAPTER XV
466
When Joinder Compelled 467468
467
305306 Final FormEvery Inference Deemed Admitted 468
468
Admissibility of Evidence Not Determined
473
MKELV EV 2D ED b
475
206207
487
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Página 159 - relevant' means that any two facts to which it is applied are so related to each other that, according to the common course of events, one, either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or nonexistence of the other.
Página 218 - Now, when this experience is of such a nature that it may be presumed to be within the common experience of all men of common education, moving in the ordinary walks of life, there is no room for the evidence of opinion ; it is for the jury to draw the inference.
Página 314 - Fowden. If this entry had been produced when the party was making a claim for his attendance, it would have been evidence against him, that his claim was satisfied. It is idle to say that the word paid only shall be admitted in evidence, without the context, which explains to what it refers : we must therefore look to the rest of the entry, to see what the demand was, which he thereby admitted to be discharged. By the reference to the ledger, the entry there is virtually incorporated with and made...
Página 174 - The frequency of accidents at a particular place would seem to be good evidence of its dangerous character, — at least, it is some evidence to that effect. Persons are not wont to seek such places, and do not willingly fall into them. Here the character of the place...
Página 31 - Court shall take judicial notice of the seal or signature, as the case may be...
Página 423 - ... that he has, in good faith, exhausted in a reasonable degree all the sources of information and means of discovery, which the nature of the case would naturally suggest, and which were accessible to...
Página 168 - What had been done by others previously, however uniform in mode it may be shown to have been, does not make a rule of conduct by which the jury are to be limited and governed. It is not to control the judgment of the jury, if they see that in the case under consideration it is not such conduct as a prudent man would adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt...
Página 75 - Each party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation, except when such negative allegation is an essential part of the statement of the right or title on which the cause of action or defense is founded...
Página 94 - But when any evidence is given which tends to overthrow that presumption, the jury are to examine, weigh and pass upon it with the understanding that although the initiative in presenting the evidence is taken by the defense, the burden of proof upon this part of the case, as well as upon the other, is upon the prosecution to establish the conditions of guilt.
Página 80 - ... has elapsed. If you assume that he was alive on the last day but one of the seven years, then there is nothing extraordinary in his not having been heard of on the last day; and the previous extraordinary lapse of time, during which he was not heard of, has become immaterial by reason of the assumption that he was living so lately. The presumption of the fact of death, seems, therefore, to lead to the conclusion that the death took place some considerable time before the expiration of the seven...

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