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Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 682
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Book Description
Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 682
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Book Description
Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages :
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Author: Michael R. T. Macnair
Publisher: Duncker & Humblot
ISBN: 9783428491988
Category : Law
Languages : en
Pages : 328
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Book Description
This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Author: James M. Wagstaffe
Publisher:
ISBN: 9781522115922
Category : Civil procedure
Languages : en
Pages :
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Author: James Bradley Thayer
Publisher:
ISBN: 9781330626993
Category : Law
Languages : en
Pages : 492
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Book Description
Excerpt from Preliminary Treatise on Evidence: At the Common Law The title-page and Introduction indicate the general character of this volume. It seeks, by means of some preliminary investigations, to help students of the law of evidence, whether young or old, towards a clear understanding of that subject. By tracing the development of trial by jury, the author has endeavored to throw light on the beginnings and true character of our rules of evidence; by a more accurate analysis and a fuller illustration than is common, of the distinction between law and fact, to make plainer the respective functions of the jury and the court; and by an investigation of certain important topics, ordinarily, but, as it is believed, improperly treated as belonging to the law of evidence, to discriminate them from that part of the law, and set them in their proper place. In dealing with these matters the author has not spared time or labor; and he trusts that his work may help to make clear the most difficult parts of what is ordinarily discussed in books on evidence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Category : Law
Languages : en
Pages : 445
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Book Description
In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
Author: R. H. Helmholz
Publisher: University of Chicago Press
ISBN: 9780226326603
Category : Law
Languages : en
Pages : 336
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Book Description
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363919
Category : Law
Languages : en
Pages : 1418
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Book Description
Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
Author: JAMES BRADLEY. THAYER
Publisher:
ISBN: 9781033515877
Category :
Languages : en
Pages : 0
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Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 1296
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Book Description
