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3 Duo statruada
1. Why evidence in general
detailed from Procedure.
Answer. Bulk of the
part.
2. Why some part of evidence
law and posted off to Procedure's
Ch 12 Connections.
1. Evidence 2 Judiciary,
extent
3
2. The subject of evidence
a branch of that of
procedure
2. System of procedure defined
4
3. The ends to be aimed
at are therefore no other
than the ends of procedure
4. Ends of procedure
enumerated
5. Though some apply to
Evidence objects with
6. Three problems for the
legislator in regard to
evidence
1. that there be enough
2. ____
3. that it be well
2: e: that the law should
have the best chance, the
the worst possible of being believed.+
7. To provide further proof
belongs to procedure.
8. For to the 2d to evidence
and comes in here
9. Evidence likely detached
10. Much belongs to it,
to procedure
11. In the 2d problem
much speculative matter
is involved
12. This speculative matter
is the subject of this
work, with so much
only of the practical as could not be separated
from it.
Ch.3. Plan of a work
A main result of this
enquiry
1. No exclusion
2. Rules for weighing
evidence
3. Habitudes of English Law
on those points
Plan of the work — wide
exemplifications pointed to those
2 results.
1.
Evidence judiciary
what in its most
comprehensive
including both sides
of the cause and
both sorts of causes
penal & non-penal.
p.1
2.
Connection of the
subject of evidence
with that of Procedure.
p.1
3
The ultimate object
in view here is purely
practical.
p.2
4
But much speculative
ground must
be travelled over for
it to be attained
p.2
5
Fundamental principles
of regulation
the same in Procedure
as in Evidence.
p.2
6
They will therefore
be requisite to be exhibited
here.
p.2
7
Posted off to Procedure
will be
1. Such matter of
Procedure as concerning
not Evidence.
2. Same portions
which do concern
it viz the practical
part.
p.2
— here none touched
upon but the speculative. p.3
8
To procedure will
be posted off all such
matter as concerns
the steps to be taken
in that course
such not excluded
as bear an immediate
relation to Evidence.
p.3
9
This arrangement
agrees nearly with
that of the existing
work on Procedure
& Evidence
Books on evidence
contain as here no
more than the speculative
matters belonging
to evidence
the exhibition of the
steps to be taken
in relation to Evidence
is left to Procedure.
p.4
Ends of
1. Inconveniences to those that
are liable to take pleasure
in a system of procedure,
so and so: Ends of a
system of procedure the endeavour
of those several
inconveniences. Properties
to be wished for in a system
of Procedure — its
to those ends.
Objects exposed in a positive
affirmative language
1. Rectitude of decisions
2.
3. Economy, cheapness
4 Promptitude of decisions
or making of decisions
5. Simplicity
1. Evidence judiciary
defined
2. System of procedure
defined
3. Evidence a topic
belonging to procedure.
1. why detach it &
make a separate
of it
2. How much of the
matter of procedure
must be directed
to evidence?
6 The chance each
piece has of being believed
by the Judge, will
be as the chance which
in the Judgment opinion of that
judge the such evidence
has of being true say
objective to the conduct of the
witness will lessen that
apparent chance.
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