Illustrative Cases on EvidenceWest Publishing Company, 1924 - 558페이지 |
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viii 페이지
... Rule as to Opinion Evidence 237 II . Apparent Exceptions to General Rule . 239 III . Distinguished from Expert Opinion 246 IV . Opinion Evidence Proper - Reason for Admission . 249 V. Expert Opinion Evidence 251 1. In General 251 ...
... Rule as to Opinion Evidence 237 II . Apparent Exceptions to General Rule . 239 III . Distinguished from Expert Opinion 246 IV . Opinion Evidence Proper - Reason for Admission . 249 V. Expert Opinion Evidence 251 1. In General 251 ...
ix 페이지
Archibald Hall Throckmorton. I. General Rule HEARSAY II . Apparent Exceptions to General Rule . Page 300 302 1. Statements the Making of Which is Circumstantial Evidence 302 2. Market Value and Reputation .. 308 III . Real Exceptions to ...
Archibald Hall Throckmorton. I. General Rule HEARSAY II . Apparent Exceptions to General Rule . Page 300 302 1. Statements the Making of Which is Circumstantial Evidence 302 2. Market Value and Reputation .. 308 III . Real Exceptions to ...
x 페이지
Archibald Hall Throckmorton. Page VI . IV . Best Evidence Rule 1. General Rule 2. Exception - Notice V. When Secondary Evidence Admissible . Authentication of Documents ... 482 482 486 487 492 1. In General .... 492 2. Exceptions to Rule ...
Archibald Hall Throckmorton. Page VI . IV . Best Evidence Rule 1. General Rule 2. Exception - Notice V. When Secondary Evidence Admissible . Authentication of Documents ... 482 482 486 487 492 1. In General .... 492 2. Exceptions to Rule ...
4 페이지
... rule of evidence declared by the legislature , which could be repealed or modified at any time , and , when so repealed , evidence which had been previously given could be used the same as if the im- munity , so far as it was taken away ...
... rule of evidence declared by the legislature , which could be repealed or modified at any time , and , when so repealed , evidence which had been previously given could be used the same as if the im- munity , so far as it was taken away ...
39 페이지
... rule is or should be in all such cases , and in the light thereof determine the controversy in this case . In England the rule is laid down that a scintilla of evi- dence clearly would not justify the judge in leaving the case to the ...
... rule is or should be in all such cases , and in the light thereof determine the controversy in this case . In England the rule is laid down that a scintilla of evi- dence clearly would not justify the judge in leaving the case to the ...
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accused action admissible admitted affirmed alleged Amherstburg answer appears authority burden of proof cause character charge Charles Fleming circumstances claimed common law competent conclusion conclusive presumption confession contract counsel crime criminal cross-examination death deceased declarations deed defendant defendant's dence discussion of principles dying declaration effect error establish Evidence 3d exceptions expert facie fact fendant given Greenl ground guilty handwriting hearsay held husband inference insanity issue judge judgment judicial notice jury justice land larations Mass matter McKelvey on Evidence mind murder negligence objection offered opinion is omitted overruled party person plaintiff plaintiff in error presumed presumption presumption of innocence prima facie prisoner prosecution prove purpose question Railroad reasonable doubt received reputation reversed rule sanity statement statute sufficient Supreme Court tending to show testator testified testimony THROCKM.EV tion trial verdict wife witness writing
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287 페이지 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
92 페이지 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
129 페이지 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
374 페이지 - That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
373 페이지 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
63 페이지 - This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof...
327 페이지 - The whole goes upon that: declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle, that they are the natural effusions of a party, who must know the truth; and who speaks upon an occasion, when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
7 페이지 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
5 페이지 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
381 페이지 - interest" here does not mean that which is *"interesting" from gratifying curiosity or a love of information or amusement, but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected. The admissibility of the declarations of deceased persons in such cases is sanctioned, because...