Notes of the Commissioners to the Code of Evidence Reported to the Legislature, Feb. 18891889 - 53 pages |
From inside the book
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Page iv
... relevant , must base its claims to consideration by the jury , upon grounds identical with those upon which a fact must claim consideration at the hands of a scientist when in- vestigating physical facts . It must be a fact having a ...
... relevant , must base its claims to consideration by the jury , upon grounds identical with those upon which a fact must claim consideration at the hands of a scientist when in- vestigating physical facts . It must be a fact having a ...
Page v
... relevant because it falls within the definition or provisions defining relevant facts generally ? If the question falls within the provisions of a specific section , it may be readily disposed of . But , in deciding whether the fact is ...
... relevant because it falls within the definition or provisions defining relevant facts generally ? If the question falls within the provisions of a specific section , it may be readily disposed of . But , in deciding whether the fact is ...
Page vi
... relevant to the issue , or in that category which renders their existence or non - exist- ence probable or improbable . Many facts possess a relevancy which may be called legal rather than logical . They have been recognized by courts ...
... relevant to the issue , or in that category which renders their existence or non - exist- ence probable or improbable . Many facts possess a relevancy which may be called legal rather than logical . They have been recognized by courts ...
Page vii
... relevant " adopted by the Commis- sioners as Section seventeen of this Code , is substantially that of Sir James Stephen . It may be given here and is as follows : " The term ' relevant ' means that the fact to which it is applied is so ...
... relevant " adopted by the Commis- sioners as Section seventeen of this Code , is substantially that of Sir James Stephen . It may be given here and is as follows : " The term ' relevant ' means that the fact to which it is applied is so ...
Page viii
... relevant " in Section seven- teen . The facts which create a probability may sometimes include facts from which a fact in issue is logically presumed . The line is not easy to draw between them , nor is it important it should be drawn ...
... relevant " in Section seven- teen . The facts which create a probability may sometimes include facts from which a fact in issue is logically presumed . The line is not easy to draw between them , nor is it important it should be drawn ...
Common terms and phrases
action or proceeding admissible as evidence admissible as primary adverse party Article authority Barb certified CHAPTER Civil Procedure clerk Code Civ Commissioners common law conveyance of real copy court cross-examination custody DAVID DUDLEY FIELD deceased person declaration or omission defined dence Digest of Evidence Effect of judgment equitable estoppel examination execution existence fact in issue facts relevant Greenleaf on Evidence handwriting Indian Evidence Act intended judge judicial jurisdiction jury justice law of evidence laws of eighteen logical matter nine hundred oral evidence Paper or record party offering presumption primary evidence proof proved provisions public officer public writings pursuant to law question read in evidence real property relevant to show repealed respecting Rules of evidence secondary evidence SECTION section 28 Sir James Stephen special proceeding Stephen's Digest Subdivision Taylor on Evidence term Text Book Series thereof tion transcript trial Wend Wharton on Evidence Witness impeached words
Popular passages
Page 47 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 23 - A conveyance, acknowledged or proved, and certified in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof.
Page 26 - ... 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of the original. 2.
Page 11 - A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
Page 51 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony, as provided in section two thousand and fifty-two.
Page 35 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1. Where a mistake or imperfection of the writing is put in issue by the pleadings; 2.
Page 46 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 40 - The effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority.
Page 47 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient, in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 16 - The accession to office, and the official signatures and seals of office, of the principal officers of government, in the legislative, executive and judicial departments of this state and of the United States : 6.