Leading Cases on the Law of Evidence: With NotesSweet and Maxwell, 1907 - 224 pages |
From inside the book
Results 1-5 of 30
Page 2
... determine . Whether there is sufficient evidence to be left to the jury on the matter in issue is a question of law for the Judge ; whether such evidence establishes the matter in issue is a question of fact for the jury . Thus , in an ...
... determine . Whether there is sufficient evidence to be left to the jury on the matter in issue is a question of law for the Judge ; whether such evidence establishes the matter in issue is a question of fact for the jury . Thus , in an ...
Page 3
... determined by the Judge , subject , of course , to review , whether there is evidence which , if it is believed , and the ... determine , subject to review , as a matter of law , whether from those facts that farther inference may ...
... determined by the Judge , subject , of course , to review , whether there is evidence which , if it is believed , and the ... determine , subject to review , as a matter of law , whether from those facts that farther inference may ...
Page 4
... determine these questions for himself , instead of submitting them to the jury . " PARKE , B. " This is one of the ... determined by him and not by the jury . If another rule were to prevail , it would always be left to the jury to ...
... determine these questions for himself , instead of submitting them to the jury . " PARKE , B. " This is one of the ... determined by him and not by the jury . If another rule were to prevail , it would always be left to the jury to ...
Page 5
... determined from the construction of a written document which either is unambiguous or of which the ambiguity arises only from the words themselves , that is a question to be decided by the Judge . " PARKE , B. " The construction of a ...
... determined from the construction of a written document which either is unambiguous or of which the ambiguity arises only from the words themselves , that is a question to be decided by the Judge . " PARKE , B. " The construction of a ...
Page 8
... determine any question respecting it . And yet , at the same time , it is said that the lex et consuetudo parliamenti are part of the law of the land . And this Court is , in this very case , actually called upon by the defendants to ...
... determine any question respecting it . And yet , at the same time , it is said that the lex et consuetudo parliamenti are part of the law of the land . And this Court is , in this very case , actually called upon by the defendants to ...
Other editions - View all
Leading Cases on the Law of Evidence with Notes (Classic Reprint) Ernest Cockle No preview available - 2017 |
Leading Cases on the Law of Evidence with Notes (Classic Reprint) Ernest Cockle No preview available - 2017 |
Common terms and phrases
action Acts of Parliament admissible evidence admissible in evidence admitted alleged allowed answer appears apply Broxtowe character charge circumstances circumstantial evidence claim collateral competent complaint conduct confession contents contradict corroboration counsel course Court criminal cross-examination death deceased persons declarations deed defendant defendant's duty dying declaration entry estoppel evidence is admissible evidence of reputation execution existence facts in issue fee simple give evidence given in evidence ground handwriting hearsay evidence held inadmissible indictment induce inference inquiry interest Judge judicially noticed jury L. J. Ex letter LORD CAMPBELL LORD DENMAN LORD ELLENBOROUGH LORD MANSFIELD LORD TENTERDEN manor marriage matter merely nature notice to produce oath offence opinion parol evidence particular pedigree plaintiff possession presumed presumption primâ facie principle prisoner proper prosecution prosecutrix prove purpose question reason received in evidence relevant secondary evidence solicitor statement sufficient tenant testator testimony tion transaction trial witness writing written document
Popular passages
Page 167 - 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.
Page 209 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the Judge prove adverse, contradict him by other evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony...
Page 29 - ... where one by his words or conduct wilfully causes another to* believe in 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.
Page 189 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 30 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 2 - The Judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 30 - wilfully," however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly ; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally...
Page 150 - ... if upon the trial of the person so accused as first aforesaid it shall be proved, by the oath or affirmation of any credible witness, that any person whose deposition shall have been taken as aforesaid is dead, or so ill as not to be able to travel...
Page 192 - ... does not in the opinion of the court understand the nature of an oath...
Page 26 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a Court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...