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Evidence fresh from
the source & through the single
one, two, three &c
channels or say
original it the original
if the 1st 2d &c remove or
+ considered with reference cast
to the enmity to the source latter position or can
interposition of intermediate
sources. channels of con
IV Species.3.- as a
directness as to subject matter direct and
circumstantial
VI. Species. 5. as to
subject matter - ordinary
and Scientific or
say Quasi-judiciary —wherein of Expertise.
IX. Veracity Causes.
XIII SubjectSource of decision
on Evidence - connection
between fact and testimony
- between fact
and fact.
Definitions &c
Ch.1. Definitions
and Divisions &c
Ch.13*
Uses of
Unoriginal
Evidence
Unoriginal
Evidence
—lists -
Ch 2. Of FactsFacts the
Subject of Evidence
Ch.2 Of in differential sorts of Evidence}
Ch.3. Of Real Evidence
Ch.4 - Of Personal
Evidence as Distinguished
into
OralOral and WrittenWritten.
Ch.5. Of UnoriginalUnoriginal
evidence.
Ch.11
Falshood
considered
in respect
of its
tendering
and
Subject
matter
Ch.6. Of circumstantialcircumstantial evidence
Ch.7. Of ScientificScientific
evidence
Ch.8. Of the modemeasurement
of measuring and
expressing the force
of the persuasion produced
by evidence
Ch. 13
Force
Comparation
[+]2
Ch.134
Comparative
force
of different
species
of Evidence.
Ch. 9. Of the CausesTruth Causes
of truth in evidence.
Ch.10. Of the CausesFalshood Causes
of Falshood in evidence.
Corroborations
[+]1
Ch.112. Corroborative
institutions for augmenting
the force &
the causes of truth in
evidence Choice willing
Ch.123
Of introductoryintroductory
evidence
leading
to the
ours
Ch. 14 Of the choice of
evidence. Willing witnesses
in any
and what cases to be
rejected. Choice unwilling
[+]2Ch.1516 Unwilling testimonyChoice unwilling
whither in any
or what to be excused.
I. Definitions &c
II Facts, the Subject
of evidence.
II. Species 1. as to
sources - 1 Personal
2 real. Personal 1. Oral 2.graphical
1. living. 2. dead.
Dead not of particular rnment.
2. of general do
= historical.
III. Species -2 as to immediateness
III V as to use - introductory
— definition
VII Earn. measure
of in each Species -
- intensity of averment.
VIII Force comparative
as between Species
and Species.
XVIIII Falshood Causes
IX Choice as to admission
and exclusion
in regard
to each Species
XIIIXII. Member requisite
- as to each
Species
XIV!XIIII. Force aggregate
(of all species) requisite
for judgment -
in penal and no regional.
- for conviction and
requittal - for allowance
or disallowance.
now should to conclusion
V 29
XIII False judgment
Causes.
1. False evidence
2. False conception in
case of View
3 Erroneous induction
form evidence.
II. Problems.
Evidence
1. — to find
II.— Appearanceexhibition to
ensure (including
oral to make speak.)
III — form deposition
to preserved
IV — correct useveracity and
verity to ensure
IV - to make speak
whereon if torture
was this in Part a
under title. Preventives
of sity or means of
informing veracity.
Number
Ch.178 Number of
whether in any
and what may scare
them one should be
required by authoriz
under is a
Conclusive
Ch.168 Conclusive
evidence whether
any and what form
of evidence shall
have the effect of
a decision ]
Oral and quasi oral
are evanescent: written
& other graphical are
permanent.
—
2. graphical. Graphical
1.living. 2.dead.
Dead 1. of particular concernment.
2. of general do
= historical
—
Ch.11. Falshood subject
matter - a point
unsusceptible of reputation
Ex.gr. Character.
18 mon 1 2 Subject
matter 2 tendency
exculpative
1. The whole fact-
falsho in toto
2. circumstance
quantity or degree
This the rty
most iary
least detestible,
False good character
common & easy.
—
renumber
1. Requiring more than
witnesses than one,
has the effect of confining
the prohibition
to the case of
publicity.
2. If Reason for requiring
than are
in some cases. Where
supposing the offence
committed, the observing
witnesses must have been
numerous.
—
Part II.
XVI. Spurious cases
of Evidence
—
IV.B. Expence of
on case of costs
a ground for dismissing
the question of competency
shall the losing party be
charged with the expence
of superfluous evidence
brought by the other?
Tracts so simple )(
complex - degree of
complexity infinitely
diversified. the
of the tail has for its bond
do of the word used as a
for it. —
Rule about best
evidence violated
where they take written
when oral und
—
Power of rejection must
be allowed - otherwise
libellous and all other
irrelevant matter might
be introduced.
Rejection is equivalent
to a judgment of certain
falsity
In Information
Deft has no power
to get witnesses to
join with him in
Affidavits
Rules for rejection
either here if
Two sources of proof
for proving their impropriety.
1. The frequency of
counter-rules by
which they are violated.
2.. The expedients
emply'd for doing
away the rules by
stealth in the cases
in which they are
not so violated: viz
by Release.
Evidence own received
in the Courts of
Request in causes
about bad many-Times
25 Decr 1802.
Evidence own
of self where not
opposable by counter
evidence (of )
of Deft. allowed him to
oppose it by general
declaration of non-
-belief
Best Evidence not
received by English Law
1. Affidavit received
viva voce rejected
2. Record-writer written
evidence received
even runs va
—
Such a thing "is
evidence of such
a thing — ambiguous.
in cases either
admissible or conclusive.
Ch. Of preconceived corinate evidence
of Contracts.
Objectionable Evidence
should be
receive even notaa
Interest
If subsequent interest
incapacit, a witnesss
may deprive the party
of the benefit of his
evidence without contempt
or perjury, as by
laying a wager &c -
or professing partiality
provided for by decision.&c
Release
How it does away the
objection of authority
Interpretation
mastered under the
name of Evidence —
As whether the act
be evidence of vagrancy
The question results
not from the nature
of the case, but from
the even impact of the
term vagrancy.
—
It is a question of
law — what facts are
meant by that
View — Cases of
unlawful gains.
2.4.2.c.28.§.9.
Sedgw. 1259.
—
Written
Received without oath
wherever an official a seal accompanies
it.
Inter alia Records
which are stuffed with
notorious falshood.
—
Times Decr 13 1802
Evidence. divorced
wife's inadmissible
Advantage-
-Witness not to
degrade himself
Ellenborough. Conjn
Peake 131.
Rejection
No reason need be given
for admission: satisfactory
reason ought
to be given for rejection
because of true rejection
produces wrong
Every record of
in a demonstration of
injustice,
—
Intrepid Witness
No danger in admitting
him - proof,
the rarity of action,
where he is admitted.
ex.gr. varied hundred
&c
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