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Essentials of the Law. Vol.III Comprising the Essential Parts of Pollock on Torts; Williams on Real Property and Best on Evidence for the Use of Students at Law.

Essentials of the Law. Vol.III Comprising the Essential Parts of Pollock on Torts; Williams on Real Property and Best on Evidence for the Use of Students at Law.


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About the Book

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.1888 Excerpt: ... positive variance or discrepancy between a pleading and the proof adduced in support of it is fatal, --a rule considered necessary to prevent the opposite party from being unfairly taken by surprise, and the whole system of pleading converted into a snare. The student should here consult the statutes concerning amendments. PART II. THE SECONDARY RULES OF EVIDENCE. The secondary rules of evidence are those rules which relate to the modus probandi, or mode of proving the matters that require proof. The fundamental principle of the common law on this subject is, that the best evidence must be given, --a maxim the general meaning of which has been explained in a former part of this work. In certain cases, however, peculiar forms of proof are either prescribed or authorised by statute. The whole matter may be treated in the following order: --1. Direct and Circumstantial Evidence. 2. Presumptive Evidence, Presumptions, and Fictions of Law, 3. Primary and Secondary Evidence. 4. Derivative Evidence in general. 5. Evidence supplied by the Acts of Third Parties. 6. Opinion Evidence. 7. Self-regarding Evidence. 8. Evidence rejected on Grounds of Public Policy. 9. Authority of Res Judicata. 10. Quantity of Evidence required CHAPTER I. DIRECT AND CIRCUMSTANTIAL EVIDENCE. All judicial evidence is either direct or circumstantial. By "direct evidence" is meant when the principal fact, or factum probandum, is attested directly by witnesses, things, or documents. To all other forms the term " circumstantial evidence" is applied; which may be defined, that modification of indirect evidence, whether by witnesses, things, or documents, which the law deems sufficiently proximate to a principal fact, or factum probandum, to be receivable as evidentiary of it. Ami this also is of tw...


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Product Details
  • ISBN-13: 9781150918124
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 116
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 1150918128
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 222 gr


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Essentials of the Law. Vol.III Comprising the Essential Parts of Pollock on Torts; Williams on Real Property and Best on Evidence for the Use of Students at Law.
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