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13 May 1805
Evidence
To these may be subjoined in the order of statement description, though
prior in the order of existence, certain divers extra-judicial operation,
which though not performed in the course of a suit are
are in many cases not the less necessary to be performed on
the occasion and in contemplation of a suit and for the purpose of it. These are Of the
descriptions are To this head belong or may be referred
I. 1, 2, 3, 4. Reference Operations to be performed with reference
to the question of law. reference to the. In case Where the question turns or of statute law,
reference to the clause in the statute, if one, comparison of the statutes if several, confrontation of Statute with Statute
of clause with clause: if in in case of jurisprudential law, reference to the authorities
comparison by between confrontation of authority with authority; if a statutory and jurisprudential
law together, combination of the two sets of operations,
as above, double double toil and trouble. If the party has
law assistants, conforming consultation and correspondences with those assistants, conferment consultations
and correspondence of those assistants, are with another.
II. Operations to be performed with reference to the question of fact:
5. Searching
I. Search for sources of evidence, personal oral, real, or
written. 1. In case of real, previous extra judicial Examination of the witnesses: inspection, examination
2. previous drawing up framing memorandum of heads of examination for
that purpose – 3. inspection and examination of dead inanimate evidence,
real or written. – 4. confronting and methodizing the body mass of
evidence when obtained thus obtained: 5. statement of the case for ulterior
advice if thought necessary, on the questions whether to proceed
and how to proceed: 6. consultation and correspondence between
party and assistant, between assistant and assistant, as before.
As to examination previous extra judicial examination, whether the in this stage of the business a witness
will submitt to the operation depends upon his own goodwill. But⊞ ⊞ the operations here in question
are not those only that are seen
to be performed on the occasion
of any every cause, suit, but all such
as are liable to be performed
in any cause.
By details specifications the list of these might be indefinitely swelled.
What is above may serve at any rate to fix conception, and preserve furnish give
it from building itself observation a ground in which to attach itself.
Identifier: | JB/058/099/001 "JB/" can not be assigned to a declared number type with value 58.
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evidence |
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evidence |
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jeremy bentham |
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