Handbook of the Law of Evidence

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Contents

Admissions Defined
118
52
130
55
136
CHAPTER VII
148
MATTERS EXCLUDED AS UNIMPORTANT OR AS MISLEAD
165
Res Inter Alios Acta
169
State
189
MKELV EV 2D ED ix
193
CHAPTER X
216
Section Page 133 Distinguished from Expert Evidence 222224
222
Opinion Evidence ProperReason for Admission 224227
224
135136 Expert Opinion Evidence 228230
228
137138 Distinction Between Expert Testimony as to Facts and Expert Opinion 230235
230
Matters Forming Subject of Expert Opinion 236240
236
Hypothetical Questions 240243
240
Damages as the Subject of Opinion Evidence 243245
243
142143 Sanity as the Subject of Expert Opinion 246248
246
144145 Handwriting as the Subject of Expert Testimony 249252
249
CHAPTER XI
253
Apparent Exceptions_Statements in Issue
257
Statements the Making of which is Circumstan tial Evidence 258263
258
Market Value and Reputation 263266
263
Real Exceptions to General Rule Against Hearsay Statements Admitted Because of the Diffi culty of Other Proof 151 Declarations of Testator as to Co...
267
Matters of Pedigree 271275
271
Kinds of Declarations Admissible 275276
275
By Whom Declarations Must be Made 276279
276
156157 Proof as to Declarants Connection with Family 279280
279
Extent of Rule
280
Proof of Age of Person 281282
281
Matters of a Public Nature 282283
282
Statements Admitted Because of Circumstances Giving Them Special Reliability 283284
283
Declarations Made Under Oath 284285
284
Conditions Under Which Declarations Un der Oath are Admissible e 285288
285
Identity of Parties 288290
288
Disabilities which are Recognized 291293
291
Manner of Proof of Declarations 293293
293
Precise Language Not Necessary 295298
295
Extension of Rule le 298299
307
199
330
CHAPTER XII
350
Persons Formerly Excluded as Witnesses
352

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Page 159 - relevant' means that any two facts to which it is applied are so related to each other that, according to the common course of events, one, either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or nonexistence of the other.
Page 218 - Now, when this experience is of such a nature that it may be presumed to be within the common experience of all men of common education, moving in the ordinary walks of life, there is no room for the evidence of opinion ; it is for the jury to draw the inference.
Page 314 - Fowden. If this entry had been produced when the party was making a claim for his attendance, it would have been evidence against him, that his claim was satisfied. It is idle to say that the word paid only shall be admitted in evidence, without the context, which explains to what it refers : we must therefore look to the rest of the entry, to see what the demand was, which he thereby admitted to be discharged. By the reference to the ledger, the entry there is virtually incorporated with and made...
Page 174 - The frequency of accidents at a particular place would seem to be good evidence of its dangerous character, — at least, it is some evidence to that effect. Persons are not wont to seek such places, and do not willingly fall into them. Here the character of the place...
Page 31 - Court shall take judicial notice of the seal or signature, as the case may be...
Page 423 - ... that he has, in good faith, exhausted in a reasonable degree all the sources of information and means of discovery, which the nature of the case would naturally suggest, and which were accessible to...
Page 168 - What had been done by others previously, however uniform in mode it may be shown to have been, does not make a rule of conduct by which the jury are to be limited and governed. It is not to control the judgment of the jury, if they see that in the case under consideration it is not such conduct as a prudent man would adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt...
Page 75 - Each party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation, except when such negative allegation is an essential part of the statement of the right or title on which the cause of action or defense is founded...
Page 94 - But when any evidence is given which tends to overthrow that presumption, the jury are to examine, weigh and pass upon it with the understanding that although the initiative in presenting the evidence is taken by the defense, the burden of proof upon this part of the case, as well as upon the other, is upon the prosecution to establish the conditions of guilt.
Page 80 - ... has elapsed. If you assume that he was alive on the last day but one of the seven years, then there is nothing extraordinary in his not having been heard of on the last day; and the previous extraordinary lapse of time, during which he was not heard of, has become immaterial by reason of the assumption that he was living so lately. The presumption of the fact of death, seems, therefore, to lead to the conclusion that the death took place some considerable time before the expiration of the seven...

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