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12 Apr. 1803
Evidence
The matters of fact – or, as we may say, considering
them in this point of view, the lights+ + Les lumieres Les renseignements necessary to the formation
of a just and sufficient ground for the decision of a
Judge, whether it be the ultimate decision, or any preliminary
decision, may be thus classed.
1. Evidences – matters of fact of all kinds, exhibited in the character
of evidences.
2. Arguments – considerations grounded applying on the question of fact –
arguments reasonings considerations presented by or on behalf of the
parties on both sides in the view of influencing the persuasion to be
derived by impressed on the Judge from the contemplation of the evidence
on both sides.
3. Arguments applying to the question of law: to the question
whether the facts respectively exhibited by the parties in the character of
inculpative or exculpative, aggravative, extenuative or exemptive
events with reference to punishment – collative or ablative events with reference to rights
right to satisfaction included, and their correspondent obligations
are such to which those qualities are to be understood to have
been respectively attributed by the law.
4. Steps taken in the course of the litigation from its commencement
to its termination: from the summons or arrest,
to the execution of the order resulting from the ultimate decision
given by the Judge: which steps, on the part of the
parties consist either in the actual exhibition of such evidences
and arguments, or in steps of a preparatory kind, tending to bring on
or retard, or prevent the taking of the other principal steps just
mentioned.
5. Deliberations held – by the Judge within hs own breast, Of
in the case of a single Judge as in the within his own breast –
in the case of several Judges each within his own breast and with
his colleagues – concerning the decision to be given on the subject
of such evidences and arguments – and incidentally, on the occasion
of any such step, in respect of concerning the propriety of it, and or the effect
given to it.
Identifier: | JB/058/132/001 "JB/" can not be assigned to a declared number type with value 58.
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1803-04-12 |
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058 |
evidence |
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132 |
procedure & evidence |
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001 |
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jeremy bentham |
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18801 |
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