Essentials of the Law (Volume 2); Elementary Law With Notes and References for the Use of Students at Law

 
9781153841832: Essentials of the Law (Volume 2); Elementary Law With Notes and References for the Use of Students at Law

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. 1915. Excerpt: ... BOOK IIL BULKS REGULATING THE ADMISSIBILITY AND EFFECT OF EVIDENCE. PART I. THE PRIMARY RULES OF EVIDENCE. The primary rules of evidence may all be ranged under three heads:--1. To what subjects evidence should be directed. 2. The burden of proof, or onus proband. 3. How much must be proved.1 CHAPTER I. TO WHAT SUBJECTS EVIDENCE SHOULD BE DIRECTED. Of all rules of evidence, the most universal and the most obvious is this,--that the evidence adduced should be alike directed and confined to the matters which are in dispute, or which form the subject of investigation. Evidence may be rejected as irrelevant for one of two reasons. 1st. That the connection between the principal and evidentiary facts is too remote and conjectural. 2d. That it is excluded by the state of the pleadings, or what is analogous to the pleadings; or is rendered superfluous by the 1. The four principal rules of the duced. This last rule has already law of evidence are: (1) The evi-been considered, ante. These rules dence must correspond with the alle-are too fundamental to need au gation and be confined to the point thority. See, generally, as to rele in issue; (2) The substance of the vancy, Chamberlayne on Evidence, issue only need be proved; (3) The title, "Relevancy," where the subject onus probandi, or burden of proof, is is considered in great detail and the with the affirmative of the issue; (4) cases collected in the notes. See, also, The best evidence of which the case Chamberlayne's Best's Evidence, 241 M susceptible must always be pro-251 and notes. admissions of the party against whom it is offered. The use of pleadings, or of some analogous statement of the cases of the contending parties, is to enable the tribunal to see the points in dispute, and the parties to know befo...

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