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1825 Jany. 20
Procedure &c Codes. Ch. Nomenclature Glossary and Classification Leading terms employed
I. Order logical
1. Execution (the goal to
the race)
Execution and effect
2. Actors (in the theatre on the stage)
interior 𝓧 exterior off.
3. Operations 1. preliminary
as to execution. 2. Subsequential
4. Instruments – judicial
= written discourses.
5. Instruments preliminary
are – 1. : 2
interlocutory
6. Ends
7. Means – 1: of attainmt
2. of obstruction –
= anti means.
Services (judicial) 1. aggregate.
2. elementary.
See Const. Code Judiciary
collectively. §. Elementary
function
Services vary with Suits
See Suits
Suits. 1. purely non-penal.
2. penal public
3. penal publico-private
Rights: viz. as to the
several subjects of possession:
viz. 1. Body
2. Mind. 3. Property.
4. Power. 5. Reputation
Wrongs: viz: as to
those subject matters,
considered as a vulnerable
quarters.
Wrongs public – so
many occasions in
which the public has
a right to demand services
performed by the
exercise of Judges sedative
and punifactive
functions.
Right without antecedent
wrong. Example
Divisions (of land &c)
requiring Judge's concurrence.
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II. Order chronological
1. Application initiating
2. Applicant
3. Demand claim petition
request requisition
4. Service – 1. effective
2. judicial (demanded)
5. Suit
6. Pursuer – Suit?
7. Defendant
8. Parties = Litiscontestants
= Litigants.
9. Rights.
10. Wrongs
Evidence
Proof
Probation
Evidence
As to Evidence
1. Ablation
2. Reception
3. Extraction estracter
extracted extracted by
4. Elicitation: by
5. Interrogation, viz
1. Petition
2. Requisitive or postulative
3.
3. Imperative
Interrgation
1. oral. 2. epistolary
Epistolary, an instrument
Proved (a fact)
1. provisionally
2. definitively.
Evidentiary instruments
= documents
Documentary evidence
Testifier
evidence
proof
Means of probation
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I. Order logical continued
Every judicial service tends
to 1st. consummation of
right 1. as to right, consummation:
2. as to wrong, 1. satisfaction
including sedation
and compensation
2. punifaction.
Code 1 Non penal
rather non-criminal
2. Penal – rather Criminal
Code – 1. Substantive
2. Adjective = Procedure
Code.
Evidence
1. Proof. 𝓧 disproof
fainter proof
2. Probative 𝓧 disprobed
probative
3. Probabilizing 𝓧
disprobabilizing
contraprobabilizing
4. Reception 𝓧 rejection
5. As to interrogation
1. responsive appropriate,
2. non-responsive.
3. evasive
responsive
5. Proved (a fact)
𝓧 disproved
6. Probabilized 𝓧 disprobabilized
Testifier 1. Non-litigant.
2. litigant
Proof 1. primary
2. opposition = counter proof
Identifier: | JB/549/260/002 "JB/" can not be assigned to a declared number type with value 549.
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549 |
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Rudiments sheet (brouillon) |
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