A Manual of Common Law and Bankruptcy; Founded on Various Text-Books and Recent Statutes, and Designed as a Companion to Smith's Manual of Equity - Brossura

Brossura

ISBN 10: 1443289434 ISBN 13: 9781443289436

Riassunto

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1862 Excerpt: ... 387 CHAPTER V. OF THE LEADING PRINCIPLES OF EVIDENCE BY WHICH THE INTERPOSITION OF THE COURTS OF COMMON LAW IN CIVIL CASES IS REGULATED. Evidence is either direct or indirect. Direct Part IV. evidence is that which directly proves a fact, Ap V by witnesses, things, or documents. Indirect Dlrd or circumstantial evidence is that which only S, indirectly proves a fact, by way of inference; and it is either conclusive or presumptive, according as the fact to be proved is a ne-cessary consequence, or is only a matter of probable inference. (Best, 24-5, 388; Powell, 48.) Direct evidence is either primary or se-Primary and 1 J secondary condary. Primary evidence would seem to evidence In addition to the philosophic and highly instructive elementary treatise of Mr. Best, the compendious and able treatise of Mr. Powell, and the elaborate practical work of Mr. Eoscoe on 'Evidence at Nisi Prius,' on which this concise statement of some of the leading principles of the Law of Evidence is founded, the reader is referred generally to the learned works of Mr. Phillips, Mr. Taylor, Mr. Starkie, and others, on the same subject. Part IV. Tit. II. Cap. V. General rule M to the kind of evidence to be adduced. Keeping bark a higher evidence. Admissibility of secondary evidence. be that which constitutes the most original and the highest kind of proof. Secondary evidence would seem to be that which constitutes a derivative or inferior kind of proof. It is a general rule that the highest kind, though not the fullest quantity, of evidence must be given of which the nature of the case admits, and which can be obtained; and that secondary evidence is only admissible where primary evidence cannot be obtained. And hence a person may not adduce such evidence as necessarily presupposes...

Dettagli dell'edizione

• Lingua: Inglese
• ISBN 10: 1443289434
• ISBN 13: 9781443289436
• Rilegatura: Copertina flessibile
• Contatto del produttore: non disponibile
• Persona responsabile: non disponibile