Rationale of Judicial Evidence: Specially Applied to English Practice, Հատոր 5Hunt and Clarke, 1827 |
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Այլ խմբագրություններ - View all
Rationale of Judicial Evidence: Specially Applied to English ..., Հատոր 5 Jeremy Bentham Ամբողջությամբ դիտվող - 1827 |
Common terms and phrases
action admission admitted affidavit afford answer atheist called cause character common law conclusive consequence conviction course court court of equity crime criminal deception decision defendant degree delivered dence detinue effect ends of justice English law equity equity law evidence examination exclusion exclusionary rule existence exposed extraneous witness fact false falsehood favour felony force give given ground guilty hand happen improbity individual innocent inquiry instance judge jurisprudential jury lawyers least legislator less man's matter mendacity ment mind mischief misdecision mode nature necessary ness never oath object occasion offence operation party pecuniary interest perjury person plaintiff practice present produced Propositus prosecution prove punishment purpose question racter reason regard respect Roman law self-convicting shape side sinister interest sion sort speak stands statute suffer suit supposed supposition taken testi testimony thing tion trial true trustworthiness truth tutelary vexation voire dire wife words
Սիրված հատվածներ
Էջ 585 - ... the. contents of every written paper are, according to the ordinary and well established rules of evidence, to be proved by, the paper itself, and by that alone, if the paper be in existence...
Էջ 575 - The admission of an agent cannot be assimilated to the admission of the principal. A party is bound by his own admission, and is not permitted to contradict it. But it is impossible to say a man is precluded from questioning or contradicting...
Էջ 301 - As to the receiving, relieving and assisting, one known to be a felon, it may be said in general terms, that any assistance given to one known to be a felon in order to hinder his apprehension, trial or punishment, is sufficient to make a man accessory after the fact...
Էջ 583 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Էջ 383 - ... one that should be robbed would be under an intolerable mischief; if he prosecuted for such robbery, and the party should be acquitted, the prosecutor would be liable to an action for a malicious prosecution without the possibility of making a good defence, though the cause of pros«eution were ever so pregnant.
Էջ 602 - So where a carpenter, who worked in the king's yard, refused to go there any more, upon which the surveyor would not let him have his tools until the king's work was done, under a pretended usage to do so, a demand and refusal being proved, it was held, by HOLT, CJ, that the denial of goods to him who has a right to demand them is an actual conversion, and not evidence of it only; for what is a conversion but an assuming upon one's self the property in and right of disposing of another's goods?
Էջ 188 - Europe, this notion, having been adopted by judges, and, under their authority having formed itself into a rule or maxim of jurisprudential law, has constituted the basis of an arrangement exercising a most extensive and important influence over the whole fabric of the law of procedure. Regarding it as one of the most pernicious and most irrational notions that ever found its way into the human mind...
Էջ 297 - When, in consulting with a law adviser, attorney or advocate, a man has confessed his delinquency, or disclosed some fact which, if stated in court, might tend to operate in proof of it, such law adviser is not to be suffered to be examined as to any such point. The law adviser is neither to be compelled, nor so much as suffered, to betray the trust thus reposed in him. Not suffered? Why not? Oh, because to betray a trust is treachery; and an act of treachery is an immoral act.
Էջ 54 - Yet that person is the only one whom the law of England prohibits from proving the fact. The trial proceeds in the presence of the person whose name is said to have been forged, who alone knows the fact, and has no motive for misrepresenting it. His statement would at once convict the prisoner if guilty, or, if innocent, relieve him from the charge ; and he is condemned...
Էջ 338 - I think of besides, is, what you ought to think of it. Think of it as part of the punishment which awaits you, in case of your plunging into the paths of guilt. The more forcible the impression it makes upon you, the more effectually it answers its intended purpose. Would you wish to save yourself from it ? it depends altogether upon yourself: preserve your innocence. To the legislators of antiquity, the married state was an object of favour : they regarded it as a security for good behaviour : a...