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 Witnesses

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S. Sweet, 1854 - 807 páginas
 

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Book II CHAP I Sect II SUBSECT III continued PAGE
455
Belief of juries
463
PAGE
464
Moral
467
SUBSECTION VI
473
Book II CHAP I Sect II SUBSect VI continued PAGE
474
SUBSECTION VII
481
The principle occasionally carried too far
485
Book II CHAP I Sect II SUBSect VIII continued PAGE
490
Liability of innkeeper for the loss of the goods of guest
496
Rules of evidence generally the same in civil and criminal proceedings
502
Book II Chap I Sect III SUBSect II continued PAGE
510
Book II CHAP I Sect III SUBSect III continued PAGE
521
Fear indicated by passive deportment
529
Primary and Secondary Evidence
539
Secondary evidence
556
Exceptions to the rule requiring primary evidence
562
Circumstantial evidence not affected by the rule requiring primary
569
Res inter alios acta alteri nocere non debet c
581
CHAPTER V
587
SELFREGARDING EVIDENCE IN GENERAL
598
SECTION III
626
Book II CHAP VI Sect III SUBSECT III continued PAGE
632
False selfcriminative statements
641
Nonresponsion
653
Legitimate use of instances of false confessions of guilt
656
Origin of the common law rules
664
Exceptions to the rule excluding derivative evidence
672
CHAPTER VIII
687
Rejection of evidence tendered for expense vexation or delay
696
What decisions have the effect of
697
Difficulties in the application of the principle Res judicata c
704
607
712
CHAPTER II
734
CHAP II continued PAGE
741
No 1
749
No 2
759
CONFESSIONS OF WITCHCRAFT
765
Fear indicated by a desire for secrecy
779
PRESUMPTIONS IN CRIMINAL
793
General observations on the subject of this section
802
247
805

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Página 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.
Página 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.
Página 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...
Página 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.
Página 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...
Página 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...
Página 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...
Página 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.
Página 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.
Página 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...

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