Leading Cases on the Law of Evidence: With NotesSweet and Maxwell, 1907 - 224 pages |
From inside the book
Results 1-5 of 29
Page 6
... sense ; it is as if the document were in a foreign language , and the truth or propriety of the translation were in question . ' " Note . - The question of existence or non - existence of a document would be a question of fact for the ...
... sense ; it is as if the document were in a foreign language , and the truth or propriety of the translation were in question . ' " Note . - The question of existence or non - existence of a document would be a question of fact for the ...
Page 12
... without any danger arising from the precedent . " GROSE , J. " We go upon the sure ground of natural impossibility and good sense . " LE BLANC , J. " Where it can be demonstrated 12 JUDICIAL NOTICE . (3) Matters of Common Knowledge.
... without any danger arising from the precedent . " GROSE , J. " We go upon the sure ground of natural impossibility and good sense . " LE BLANC , J. " Where it can be demonstrated 12 JUDICIAL NOTICE . (3) Matters of Common Knowledge.
Page 14
... sense only . He says " I use the word ' presumption ' in the sense of a pre- sumption of law capable of being rebutted . A presumption of fact is simply an argument . A conclusive presumption I describe as conclusive proof " ( Dig . Ev ...
... sense only . He says " I use the word ' presumption ' in the sense of a pre- sumption of law capable of being rebutted . A presumption of fact is simply an argument . A conclusive presumption I describe as conclusive proof " ( Dig . Ev ...
Page 33
... sense relevancy is , as a rule , wider than legal relevancy . A Judge might , in ordinary transactions , take one fact as evidence of another , and act upon it himself , when , in Court , he would rule that it was legally irrelevant ...
... sense relevancy is , as a rule , wider than legal relevancy . A Judge might , in ordinary transactions , take one fact as evidence of another , and act upon it himself , when , in Court , he would rule that it was legally irrelevant ...
Page 40
... sense of impending death , so the statement is not admissible as a dying declaration . " Note . This case has been the subject of much discussion and criticism , and it certainly does not appear consistent with the next case , in which ...
... sense of impending death , so the statement is not admissible as a dying declaration . " Note . This case has been the subject of much discussion and criticism , and it certainly does not appear consistent with the next case , in which ...
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 in evidence admitted alleged allowed answer appears apply attesting character charge circumstances circumstantial evidence collateral common competent complaint conclusive Conclusive presumptions conduct confession contents contradict counsel course Court criminal cross-examination deceased declarations deed defendant defendant's duty dying declaration entry estoppel evidence is admissible execution Executive Government existence facts in issue give evidence given in evidence ground handwriting hearsay held husband inadmissible indictment inference inquiry jactitation Judge judgment judicially notice jury L. J. Ex land law merchant legal advice letters LORD CAMPBELL LORD DENMAN LORD ELLENBOROUGH LORD MANSFIELD LORD TENTERDEN marriage matter nature oath offence opinion parol evidence particular party calling person plaintiff possession PRELIMINARY NOTE presumed presumption primâ facie principle prisoner privilege produce proof proper prosecution prosecutrix prove purpose question reason received relevant reputation secondary evidence solicitor statement sufficient tenant testator testimony transaction trial witness writing
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...