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<p>1825. May 11<lb/> | |||
<head>Procedure Code</head><note>Ch. Evidence</note></p> | |||
<p><del><gap/> <gap/></del><lb/> | |||
<head>§. Evidence – why and how far needed</head></p> | |||
<p>Art. 1. When <del>evidence</del> from someone other than his<lb/> | |||
own mind, evidence is received or required by a Judge<lb/> | |||
it is because <del>he is not</del> without it no opinion in relation<lb/> | |||
to the state and instance and state of the fact <add>matter</add> in question<lb/> | |||
can be formed by him so satisfactory <add>likely to be correct</add> as by means of<lb/> | |||
it.</p> | |||
<p>When therefore <add>Accordingly</add> when evidence – <unclear>special</unclear> evidence from<lb/> | |||
without is required or admitted by the Judge, it is either<lb/> | |||
to enable him to form or assist him in forming an opinion<lb/> | |||
in relation to the existence and mode of existence of<lb/> | |||
the matter of fact in question.</p> | |||
<p>Art. In relation to the fact in question there are<lb/> | |||
two cases in which for the formation of his opinion a Judge<lb/> | |||
will not in his own opinion stand in need of any <add>special</add> evidence<lb/> | |||
from without.</p> | |||
<p>1. <del><gap/> <gap/></del> Case 1. Of The <del><gap/></del> fact in question an adequate<lb/> | |||
perception received by the Judge himself. In this<lb/> | |||
case the only evidence necessary for the formation of his opinion<lb/> | |||
is that which he elicits from himself: he is himself both Judge<lb/> | |||
and witness, the witness and the Judge are one and the same<lb/> | |||
person. <del>who is J</del> The individual who is Judge is at the same<lb/> | |||
time a witness <del>bearing</del> delivering testimony to himself: <unclear>principal</unclear><lb/> | |||
and witness and <unclear>repeating</unclear> witness.</p> | |||
<p>2. Case <del>the</del> 2. The opinion of the Judge has for its<lb/> | |||
ground not any perceptions <unclear>received</unclear> by him in relation to<lb/> | |||
the fact in question, but the perception which from the nature<lb/> | |||
of the fact he concludes has been <del>other</del> received in relation<lb/> | |||
to it by other persons in an indefinite number: as in the<lb/> | |||
case of a fact regarded as universally <unclear>notorious</unclear>. | |||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. May 11
Procedure CodeCh. Evidence
§. Evidence – why and how far needed
Art. 1. When evidence from someone other than his
own mind, evidence is received or required by a Judge
it is because he is not without it no opinion in relation
to the state and instance and state of the fact matter in question
can be formed by him so satisfactory likely to be correct as by means of
it.
When therefore Accordingly when evidence – special evidence from
without is required or admitted by the Judge, it is either
to enable him to form or assist him in forming an opinion
in relation to the existence and mode of existence of
the matter of fact in question.
Art. In relation to the fact in question there are
two cases in which for the formation of his opinion a Judge
will not in his own opinion stand in need of any special evidence
from without.
1. Case 1. Of The fact in question an adequate
perception received by the Judge himself. In this
case the only evidence necessary for the formation of his opinion
is that which he elicits from himself: he is himself both Judge
and witness, the witness and the Judge are one and the same
person. who is J The individual who is Judge is at the same
time a witness bearing delivering testimony to himself: principal
and witness and repeating witness.
2. Case the 2. The opinion of the Judge has for its
ground not any perceptions received by him in relation to
the fact in question, but the perception which from the nature
of the fact he concludes has been other received in relation
to it by other persons in an indefinite number: as in the
case of a fact regarded as universally notorious.
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Identifier: | JB/054/090/001"JB/" can not be assigned to a declared number type with value 54. |
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procedure code |
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jeremy bentham |
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