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Author : John Davison Lawson
Publisher : Unknown
Page : 756 pages
File Size : 41,8 Mb
Release : 1886
Category : Presumptions (Law)
ISBN : STANFORD:36105062008904
Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 49,7 Mb
Release : 2015-06-24
Category : Law
ISBN : 1330154347
Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my "Expert and Opinion Evidence," is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. : 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the lain. The illustrations are all taken from decided cases and arc, therefore, open to examination and verification by the student or practitioner. The commentary shows the reasoning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : John Davison Lawson
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 1982
Category : Presumptions (Law)
ISBN : OCLC:768109771
Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 43,9 Mb
Release : 2017-11-23
Category : Law
ISBN : 0331735016
Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my Expert and Opinion Evidence, is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the law. The illustrations are all taken from decided cases and are, therefore, opeii to examination and verification by the student or practitioner. The commentary shows the rea soning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : John Davison Lawson
Publisher : Unknown
Page : 710 pages
File Size : 45,8 Mb
Release : 1899
Category : Presumptions (Law)
ISBN : LCCN:76001546
Author : John Davison 1852-1921 Lawson
Publisher : Unknown
Page : 752 pages
File Size : 44,8 Mb
Release : 2016-08-28
Category : History
ISBN : 137201831X
Author : William Mawdesley Best
Publisher : Unknown
Page : 440 pages
File Size : 48,8 Mb
Release : 1844
Category : Evidence, Circumstantial
ISBN : BSB:BSB10563483
Author : William Mawdesley Best
Publisher : Unknown
Page : 776 pages
File Size : 47,6 Mb
Release : 1882
Category : Cross-examination
ISBN : STANFORD:36105063156694
Author : Arthur Percival Will
Publisher : Forgotten Books
Page : 574 pages
File Size : 54,8 Mb
Release : 2017-12-02
Category : Evidence, Circumstantial
ISBN : 0260449997
Excerpt from A Treatise on the Law of Circumstantial Evidence: Illustrated by Numerous Cases As compared with Direct Evidence 15 Definition of Circumstantial Evidence 15, 16 Presumptive Evidence not synonymous with Circumstantial Evi dence 16, 17 Upon What Force of Circumstantial Evidence depends 17 chapter II. Presumptions. What is Imported by Presumptions 18 Legal Presumptions and Natural Presumptions contrasted 19, 20 Presumptions are based upon Reason 21 Presumptions are varied as Circumstances 22 There can be no Arbitrary Rules to estimate Force of Presumptions 22, 23 Certain Classifications of Presumptions 24 Statutory Presumptions 25 chapter III. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : John Davison Lawson
Publisher : Scholar's Choice
Page : 806 pages
File Size : 48,8 Mb
Release : 2015-02-17
Category : Electronic
ISBN : 1297112180
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Mawdesly BEST
Publisher : Unknown
Page : 938 pages
File Size : 41,7 Mb
Release : 1866
Category : Electronic
ISBN : BL:A0026576655
Author : Sidney Lovell Phipson
Publisher : Rarebooksclub.com
Page : 426 pages
File Size : 43,9 Mb
Release : 2012-05
Category : Electronic
ISBN : 145892209X
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: THE LAW OF EVIDENCE. BOOK I. PRODUCTION OF EVIDENCE. CHAPTER I. INTRODUCTORY. LAW, ?Substantive and Adjective.?Law is commonly divided into Substantive Law, which defines rights, duties, and liabilities; anaAajective Law, which defines the procedure, pleading, and proof, bywnich the substantive law is appl1ed in practice. The rules of procedure regulate the general conduct of litigation from its initial to its final stage; the object of pleading is to ascertain for the guidance of the parties and the Court the material facts in issue in each particular case; proof is the establishment of such issues by proper f legal means to the satisfaction of the Court. The first-1 mentioned term is, however, often used to include the other two. PROOF, in this sense, is effected by?(a) evidence, (J) presumptions, (c) judicial notice, and (d) inspection. (a) Evidence means the facts, testimony, and documents which may be legally adduced by the parties in order to determine the issues. The word is, however, sometimes extended to all the means of proof above mentioned (Greenleaf, s. 1; Tay. s. 1); and sometimes restricted either to facts alone (Best, s. 11), or to testimony and documents as distinguished from facts (Steph. art. 1). chapter{Section 4Direct and Circumstantial Evidence.?.A distinction is also commonly taken between direct evidence, by which is meant the testimony of witnesses to a given fact; and circumstantial or presumptive evidence, by which is meant the testimony of witnesses to other facts, from which the fact in question may be inferrecT Thlftwo forms are equally admissible, and the testimony, whether to the factum pro- bandjtm or the facto, probantia, is equally direct; but the advantage of the former is, that it contains only one source of error, fal.
Author : John H. Mathews
Publisher : Unknown
Page : 526 pages
File Size : 47,8 Mb
Release : 2015-07-12
Category : Law
ISBN : 1331284082
Excerpt from Treatise on the Doctrine of Presumption and Presumptive Evidence: As Affecting the Title to Real and Personal Property The object of the following work is to investigate and explain the doctrine of Presumption and Presumptive Evidence in their application to Titles, and to show how far defects in titles arising from the want of direct evidence may be supplied by established presumptions, or by those which are afforded from the particular circumstances of the case. It was at an early period of his professional studies that the author was impressed with a sense of the utility of a work of this description. On almost every other subject connected with the practice of conveyancing, treatises or digests of the cases already existed; these afforded a ready means of acquiring all the information extant, and removed many of the difficulties which the various subjects they embrace continually presented to the conveyancer. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : William Mawdesley Best
Publisher : Unknown
Page : 660 pages
File Size : 54,8 Mb
Release : 1906
Category : Cross-examination
ISBN : UIUC:30112087253800
Author : S. N. Phillips
Publisher : Createspace Independent Publishing Platform
Page : 194 pages
File Size : 52,5 Mb
Release : 2017-09-05
Category : Electronic
ISBN : 1976158656
From the Introduction: "The Theory of Presumptive Proof." THERE is no branch of legal knowledge which is of more general utility, than that which regards the rules of evidence. The first point in every trial, is to establish the facts of the case; for he who fails in his proof, fails in everything. Although the jurists hold the law to be always fixed and certain, yet the discovery of the fact, they say, may deceive the most skillful. No work has as yet appeared in the English language on the theory of evidence; and the nature of circumstantial evidence has been still less inquired into. The object of the present Essay is to inquire into some of the more general principles of legal proof, and particularly into that species of proof which is founded on presumptions, and is known to the English lawyer by the name of circumstantial evidence. Evidence and proof are often confounded, as implying the same idea; but they differ, as cause and effect. Proof is the legal credence which the law gives to any statement, by witnesses or writings; evidence is the legal process by which that proof is made. Hence, we say, that the law admits of no proof but such as is made agreeably to its own principles. The principles of evidence are founded on our observations on human conduct, on common life, and living manners: they are not just because they are rules of law; but they are rules of law because they are just and reasonable. It has been found, from common observation, that certain circumstances warrant certain presumptions. Thus, that a mother shall feel an affection for her child, -that a man shall be influenced by his interest, -that youth shall be susceptible of the passion of love, -are laws of our general nature, and grounds of evidence in every country. Of the two women who contended for their right to the child, she was declared to be the mother who would not consent to its being divided betwixt them. When Lothario tells us that he stole alone, at night, into the chamber of his mistress," hot with the Tuscan grape, and high in blood!" Coetera quis nescit? As the principles of evidence are founded on the observations of what we have seen, or believed to have been passing in real life, they will accordingly be suited to the state of the society in which we live, or to the manners and habits of the times. The following passage, in the excellent memoirs of Philip de Comines, I believe to be perfectly true, because it is confirmed by other accounts of the general state of manners at the period when he wrote. Louis XI. distributed, he asserts, for corrupt purposes, sixteen thousand crowns among the King of England's officers that were about his person, particularly to the chancellor, the master of the rolls, the lord chancellor, &c.
