A Treatise on the Principles of Evidence: And Practice as to Proofs in Courts of Common Law, with Elementary Rules for Conducting the Exam Ination and Cross-examination of Witnesses

S. Sweet, 1849 - Cross-examination - 540 pages

INTRODUCTION	1

Vivâ voce examination and crossexamination of witnesses 105	2

continued	5

Proof	7

continued	10

Credit due to human testimony	16

continued	18

Presumption from long and continued	40

3º Burden of proof lies on the party who has peculiar means	300

Variance between pleading and proof fatal	307

Rejection of derivative evidence	314

SECT I continued	318

Admissibility of evidence to character	319

Judgments to be conclusive must be pleaded	320

SECT I continued	342

314	355

Difference between the securities for legal and historical truth	46

SECT VI continued	47

Conclusion	72

OBJECT AND DIVISION OF THE WORK	79

This rule commonly misunderstood	94

Salutary effect of publicity of judicial process on the tribunal	105

CHAPTER II	117

AUTHORITY OF RES JUDICATA	120

continued PAGE	132

PART II	139

SECTION II	147

Examination of infants of tender years by the judge	178

Incompetency from interest	192

SECTION III	217

179	221

Object of this chapter	224

189	231

3º Appearance the result of lawful action	234

Admissibility and construction of to be decided by the judge	241

Interlineations erasures c in written instruments	254

Exceptions	262

Meaning of the rule that parol evidence is inferior to written	277

Inconsistent dicta as to the antiquity of the judicial evidence of this	278

Evidence rejected for remoteness	284

41	292

Supposed written through written	369

Opinions of witnesses not in general evidence	384

Admissibility of as primary evidence of written documents	400

DIRECT AND CIRCUMSTANTIAL EVIDENCE AND PRESUMPTIONS OF	402

SECTION VII	425

Fourth division	428

SECTION II	443

424	465

PART IV	471

CHAPTER II	490

Evidence to character in criminal prosecutions	504

All evidence is either direct or circumstantial	506

Written narratives or memoranda made by a witness although not	507

Necessity for arises out of the nature of municipal law and the func	510

93	512

Abuses of judicial evidence	514

our ancient lawyers	515

Direct and circumstantial evidence equally admissible	517

Present section confined to proof by resemblance	519

Onus probandi or burden of proof in general	522

Primary and secondary rules	526

Credit due to evidence a question for the jury	527

Secondary evidencewhen admissible	530

Alleguans suam turpitudinem non est audiendus not	533

Title	A Treatise on the Principles of Evidence: And Practice as to Proofs in Courts of Common Law, with Elementary Rules for Conducting the Exam Ination and Cross-examination of Witnesses Making of modern law
Author	William Mawdesly BEST
Publisher	S. Sweet, 1849
Original from	The British Library
Digitized	24 Jun 2015
Length	540 pages

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