A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Band 1W. Maxwell, 1858 - 1675 Seiten |
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... fact , the truth of which is sub- mitted to judicial investigation . This term and the word proof are often used as synonymes ; but the latter is applied by accurate logicians , rather to the effect of evidence , than to evidence ...
... fact , the truth of which is sub- mitted to judicial investigation . This term and the word proof are often used as synonymes ; but the latter is applied by accurate logicians , rather to the effect of evidence , than to evidence ...
Seite 30
... fact , is not , and cannot be , disputed ; but in the 1 The substance of this chapter first appeared in No. 3 of Law Rev. 27-44 . 2 The merits and demerits of trial by jury are fairly set forth in the 2nd report of the Common Law ...
... fact , is not , and cannot be , disputed ; but in the 1 The substance of this chapter first appeared in No. 3 of Law Rev. 27-44 . 2 The merits and demerits of trial by jury are fairly set forth in the 2nd report of the Common Law ...
Seite 31
... fact , and includes both . In each , they must necessarily determine the law , as well as the fact . In each , they have the physical power to disregard the law , as laid down to them by the Court . But I deny that , in any case , civil ...
... fact , and includes both . In each , they must necessarily determine the law , as well as the fact . In each , they have the physical power to disregard the law , as laid down to them by the Court . But I deny that , in any case , civil ...
Seite 32
... fact , in which case all the evidence adduced both to prove and disprove that fact must be received by the judge , and adjudicated on by him alone . Thus , for example - if the question be whether a confession should be excluded on ...
... fact , in which case all the evidence adduced both to prove and disprove that fact must be received by the judge , and adjudicated on by him alone . Thus , for example - if the question be whether a confession should be excluded on ...
Seite 33
... fact , whether or not the witness has absented himself from the trial by collusion with the opposite party , the judge must decide on the existence of this fact . In like manner , if the question be whether a document has been duly ...
... fact , whether or not the witness has absented himself from the trial by collusion with the opposite party , the judge must decide on the existence of this fact . In like manner , if the question be whether a document has been duly ...
Häufige Begriffe und Wortgruppen
16 Vict 20 Vict action admissible admitted Alderson alleged amendment appear Att.-Gen Bayley bill Bing Brown Camp cause Chancery charge circumstances cited Clark Common Law Common Pleas confession contract Court held Court of Chancery Courts of Equity criminal Davies deceased declaration declarations against interest deed defendant defendant's depositions document Dowl East enacts entries estoppel examination Exchequer fact indictment indorsed Ireland issue Jackson Jones judge judicial notice jury justice London Lord Brougham Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius Parke party Patteson payment Peer person plaintiff pleaded presumed presumption primâ facie prisoner proceedings produce proof proved purporting question Rail received in evidence recognised rejected render Reports respect rule Scott seal secondary evidence Smith Stark statement statute sufficient Taylor tenant testimony Tindal trial vols Williams witness
Beliebte Passagen
Seite 54 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Seite 604 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Seite 581 - that they are declarations made in extremity when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth...
Seite 684 - 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.
Seite 119 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Seite 417 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or writing of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...
Seite 229 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Seite 726 - ... and whatever the prisoner shall then say in answer thereto shall be taken down in writing and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the Justice or Justices purporting to sign...
Seite 91 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Seite 188 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...