A Preliminary Treatise on Evidence at the Common Law PDF Download
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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
Get Book Here
Book Description
Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 710
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Book Description
Author: James Bradley Thayer
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages :
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Book Description
Author: James M. Wagstaffe
Publisher:
ISBN: 9781522115922
Category : Civil procedure
Languages : en
Pages :
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Book Description
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: Richard Roy Powell
Publisher: LexisNexis/Matthew Bender
ISBN: 9781422427491
Category : Real property
Languages : en
Pages :
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Author: John Henry Wigmore
Publisher: Aspen Pub
ISBN: 9780316939706
Category : Law
Languages : en
Pages : 1500
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Book Description
Wigmore's great work continues to influence the law of evidence as we move into the 21st century. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such lap-to-the-minute controversies as DNA fingerprinting and patient-psychotherapist privilege, this annually supplemented masterwork continues to provide authoritative guidance again and again. With the most comprehensive coverage you'll find anywhere, Wigmore's plan encompasses all this and more: Admissibility -- Relevancy -- Circumstantial evidence -- Character or disposition as evidence -- Opportunity -- Alibi -- Proving capacity, design, or intent -- Proving knowledge, belief, or consciousness -- Proving motive, feeling, or passion -- Proving identity -- Mental derangement or immaturity -- Moral depravity -- Testimonial recollection -- Confessions -- Impeachment -- Proving bias, corruption, or interest -- Contradiction and self-contradiction -- Rehabilitation -- The hearsay rule and its exceptions -- Opinions -- Authentication of documents -- Privilege -- Confidential communications -- Burdens and presumptions.
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: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
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.
