A Treatise on Judicial EvidencePDF电子书下载

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BOOK Ⅰ. GENERAL IDEAS ON EVIDENCE. 1

CHAP. 1. Of the relations between law and the forms of procedure， and between the forms of procedure and evidence 1

CHAP. 2. Of the ends or objects of procedure 2

CHAP. 3. Of the natural model of legal procedure 3

CHAP. 4. Of proof in general 8

CHAP. 5. Of facts considered as having legal effect 9

CHAP. 6. Of the different kinds of evidence 12

CHAP. 7. Of the grounds of positive persuasion，or the reasons of belief 16

CHAP. 8. Of the grounds of negative persuasion，or the reasons of disbelief 17

CHAP. 9. Psychological causes of truth or falsehood in testimonY.Examination of the intellectual faculties，and moral dispositions in relation to testimony 20

SeC. 1. Moral dispositions 21

SeC. 2. The intellectual faculties. 1. Perception 22

SeC. 3. Judgment 23

SeC. 4. Memory 24

SeC. 5. Expression 26

SeC. 6. Imagination 27

CHAP. 10. Of the natural sanctioN. Its operation in favour of truth 29

CHAP. 11. The moral or popular sanction，or honouR. Its operation for and against veracity 31

CHAP. 12. The religious sanction 34

CHAP. 13. The legal sanction； its operations for and against the truth of testimony 36

CHAP. 14. What constitutes the average strength of testimony 38

CHAP. 15. Circumstances which augment the proving power 38

CHAP. 16. Circumstances which diminish the proving power of testi-mony or invalidating circumstances 39

CHAP. 17. Mode of expressing different degrees of belief 40

CHAP. 18. Are there cases in which a Judge may pronounce on a question of fact， according to his own knowledge，without other evidence ？ 46

BOOR Ⅱ. OF THE SECURITIES AND GUARANTEES OF TESTIMONY.CHAP. 1. Modes of transgression in testimony 49

CHAP. 2. Of the securies or guarantees，which render testimony worthy of credit 51

CHAP. 3. The internal securies. 1. Responsive testimony 2. Par-ticulaR. 3. DistincT. 4，5. Given with reflection and unpremeditateD. 6，7. Suggested and not suggested 53

CHAP. 4. Of the punishment of false testimony 58

CHAP. 5. Of the punishment applicable to falsehood arising from rashness 60

CHAP. 6. Reasons why the words ‘ false testimony’ should be sub-stituted for perjury 61

CHAP. 7. Of shame 62

CHAP. 8. Of the examination 63

SeC. 1. Exceptions 64

SeC. 2. Who ought to be subject to examination 65

CHAP. 9. Record of the depositions 66

CHAP. 10. Of publicity 67

cHAP. 11. Exceptions from publicity of procedure 79

CHAP. 12. Of the oath considered as a security 81

BOOK Ⅲ. OF THE TAKING OF TESTIMONY. 88

CHAP. 1. Of witnesses 88

CHAP 2. Of the appearance of the parties at the commencement of the cause 89

CHAP. 3. Of the advocates 91

CHAP. 4. Of the different modes of examination 92

CHAP. 5. Of the presence of the jud At the examinatioN. 1. Cases in which the separation unavoidablE. 2. Modiflcations of which the system of separation is susceptiblE. 3. Causes of this separation 94

CHAP. 6. ShouldA witness beAllowed to consult notes 98

CHAP. 7. Of leading questionS. 1. First ground ofAdmission； the facilitating dispatcH. 2. Second ground ofAdmistion toAssist the memory 100

CHAP. 8. What persons should have the right of examining 101

CHAP. 9. Of examination byA friendly or hostile partY. Of theAffections supposed to exist between the examinerAnd the witness 103

CHAP. 10. Comparison of the different modes of examinatioN. 1. Com-parison of the oral with the epistolary modE. 2. Com-parison of other modeS. 106

CHAP. 11. May testimony obtained in the epistolary mode，be made the ground of decision in certain cases，in which the oral mode is impracticable 108

CHAP. 12. Of epistolary examination； how it may be mostAdvan-tageouslyApplied 109

CHAP. 13. Of the written record of the depositions 111

CHAP. 14. Of secret confinement 112

BOOK Ⅳ. PRE-CONSTITUTED EVIDENCE. 115

CHAP. 1. The nature，origin，and use，of pre-constituted evidence 115

CHAP. 2. What law ought to do in relation to pre-constituted evidence 117

CHAP. 3.Application of this evidence to facts wiich have legal effects，to contractsAnd testamentary deeds 119

CHAP. 4. Of the pre-constituted evidence，furnished by public offices or departments 124

CHAP. 5. Of written reports of cases （proces verbaux） 127

CHAP. 6. Of the retraction of copieS. 1. Its application. 2. Means of ensuring registration. 3. Total or partial registration 129

CHAP. 7. Means of distinguishingAn original fromA non-original writing；An original fromA copy 131

CHAP. 8. Means of establishing the genuineness ofA writing. 1. Direct evidence to estabah the genuineness ofA deen. 2. Cir-cumstantial evidence 133

CHAP. 9. Means of establishing the falsehood ofA writing. 1. Direct evidenceAgainst the genuineness ofA deen. 2. Circum-stantial evidence 138

BOOK Ⅴ. CIRCUMSTANTIAL EVIDENCE. 143

CHAP. 1. Definitions，and preliminary ideas 143

CHAP. 2. Real evidence. Table of its principal modifications 146

CHAP. 3. Invalidating facts applicable to all real evidence 147

CHAP. 4. Inculpatory possession of real evidence 148

CHAP. 5. Inculpatory possession of written evidence 150

CHAP. 6. Obscurity of real evidence. Examination necessary to clear it up 152

CHAP. 7. Inculpatory circumstances anterior to the crime. Prepara-tions. Attempts. Declarations of intentions. ThreatS. 153

SeC. 1. Invalidating circumstances applicable to them 153

SeC. 2. Declarations of intention； invalidating facts regarding such declarations 155

SeC. 3. Threats； invalidating facts in regard to threats 155

CHAP. 8. Of extra-judicial acknowledgments 156

CHAP. 9. Of testimony given by a man against himself，obtained judicially. Intimate connexion between refusal to answer，a false answer，an evasive answer，and acknowledg-ment 161

CHAP. 10. Of fear indicated by the passive state 165

CHAP. 11. Indications drawn from active behaviour； clandestineness；different modifications 168

CHAP. 12. Other indications drawn from active behaviour； fabrication of evidence or suppression of evidence by subornation，or the intercepting of testimony 171

CHAP. 13. Other indications drawn from active behaviour 172

CHAR. 14. Motives，means，dispositions，reputation，rank or condition—consequences to be drawn from them 174

SeC. 1. Motives 174

SeC. 2. Means，opportunity 176

SeC. 3. Dispositions 176

SeC. 4. Reputation 177

SeC. 5. Rank，condition 177

CHAP. 15. Considerations which oppose the five preceding presumptions 178

CHAR. 16. Rules and general maxims in circumstantial evidence 180

SeC. 1. Rules regarding its exclusion and admission 180

SeC. 2. Observations on its proving power 181

SeC. 3. Practical maxims 182

CHAP. 17. Comparison of direct and circumstantial evidence in regard of their proving power 183

BOOK Ⅵ. INFERIOR EVIDENCE ADMITTED IN THE ABSENCE OF THE MORE PERFECT KINDS. 190

CHAP. 1. Definitions and divisions 190

SeC. 1. Inferior extrajudicis1 evidence 190

SeC. 2. Derived or transmitted evidence 192

SeC. 3. Qualities common to all the different kinds of inferior evidence 193

CHAP.2. Of ante-judicial presumptions，between plaintiff and de-fendant，between prosecutor and accused 194

SeC. 1. Between plaintiff and defendant，the presumption ought to be in favour of the former，to the prejudice of the latter 194

SeC. 2. In criminal matters，and，above all，in serious offences，the presumption ought to be in favour of innocence ；or，at least，it is necessary to proceed as if this pre-sumption were established 196

CHAP. 3. Of casual written evidence. Rules to be followed in regard to its admission 198

CHAP. 4. Hearsay evidence of the first degree 202

CHAP. 5. Hearsay transmitted through several intermediate persons 205

SeC. 1. Admissibility of hearsay passing through an indefinitive number of intermediate persons 207

SeC. 2. The application of mathematics to testimony 209

CHAP. 6. Written evidence of a supposed oral testimony 210

CHAP. 7. Supposed written testimony transmitted orally 212

CHAP. 8. Of copies or transcripts 213

SeC. 1. Different modifications 213

SeC. 2. Reasons for distrusting copies 214

SeC. 3. Modes of transcribing 214

SeC. 4. Copies of copies 215

CHAP. 9. Comparison of evidence by copy，with evidence by hearsay 216

CHAP. 10. In what cases，and on what conditions，ought a copy to be admitted 218

CHAP. 11. Supposed real evidence，transmitted by oral testimony，or by writing 222

CHAP.12. Securities against inferior evidence 225

BOOK Ⅶ.OF THE EXCLUSION OF EVIDENCE.CHAP. 1. The various sources of exclusion 226

CHAP. 2. The various modes of exclusion 227

CHAP. 3. Evils of exclusion 227

CHAP. 4. The principle of exclusion 229

CHAP. 5. Causes which render exclusion always proper 230

CHAP. 6. Cases in which exclusion may be proper，for the porpose of avoiding delay 231

CHAP. 7. Cases in which exclusion may be proper，for the purpose of avoiding vexations 232

CHAP. 8. Cases in which exclusion is proper，on occasion of vexation arising from confession 234

CHAP. 9. Disclosure by religious confession 237

CHAP. 10. Exclusion of testimony on the ground of psopinquity 238

CHAP. 11. Examination of anether case of vexation： self-inculpation 240

CHAP. 12. Testimony that may be required.—Communications made by clients to their legal aavisers，their counsel，or attorney 246

CHAP. 13. Intellectual infirmity，interest，and dishonesty，considered as reasons of exclusion 247

SeC. 1. Intellectual infirmity 248

SeC. 2. Exclusion on account of interest in the cause 248

SeC. 3. Exclusion on account of dishonesty 250

SeC. 4. Exclusion on account of religious opinions 251

CHAP. 14. Exclusion of parol evidence，in relation to contracts not written 252

CHAP. 15. Seourities against suspicious testimony or inferior evidence 255

CHAP. 16. The onus probandi： who ought to bear it 257

BOOK Ⅷ. OF THE IMPROBABLE AND rMPOSSIBLE. 259

CHAP. 1. Preliminary notions 259

CHAP. 2. The impossible cannot be defined ： credibility is not ab？？lpte，but relative to the state of our knowledge 260

CHAP. 3. There are no facts acknowledged as absolutely incredible：some apparent exceptions not such in reality 265

CHAP. 4. Consequences of the preceding 267

CHAP. 5. Distinction between total impossibility，and impossibility in degree 268

CHAP. 6. Facts which are deviations from the acknowledged laws of nature （faits deviatifs） 269

CHAP. 7. Examples of deviatory facts （faits deviatifs） i. e.，facts which are deviations from the regular course of nature 273

CHAP. 8. The nature of the argument drawn from the impossible and improbable 276

CHAP. 9. Examination of the opinion of certain philosophers，that the improbability of a fact is no sufficient reason for rejecting it in opposition to affirmative testimony 278

CHAP. 10. Judicial considerations regarling facts，contrary to the usual course of nature 283

CHAP. 11. Of the motives which influence the belief in facts contrary to the law of nature 289

BOOK Ⅸ. OF THE DISCOVERY，PRODUCTION，AND PRESERVATION OF EVIDENCE. 297

CHAP. 1. General view 297

CHAP. 2. Of the means to secure the production of evidence 300

SeC. 1. Tribunals with appropriate powers and obligations 300

SeC. 2. Tribunals occasionally ambulatory 301

CHAP. 3. Physical means applicable to the production of evidence 303

SeC. 1. Verbal discussions are necessary on the subject 303

SeC. 2. Source of this diversity of operations 303

SeC. 3. Operations necessary to the production of evidence 304

CHAP. 4. The application of rewards and punishments to the procuring of evidence 310

SeC. 1. Simple requisitions 310

SeC. 2. Application of rewards 312

SeC. 3. Use of coercion 314

CHAP. 5. Of investigatory procedure，and courts of equity 314

CHAP. 6. Power of direct and retrograde investigation in a chain of hearsaya 319

CHAP. 7. Sources of evidence.—Analytical sketch 321

CHAP. 8. Means of securing the appearance of a witness 324

CHAP. 9. Of ordinary securities 328

CHAP. 10. Extraordinary securities 330

SeC. 1. Pledges and recognizances 330

SeC. 2. Recognizances 330

SeC. 3. Personal arrest 330

SeC. 4. The choice of a domicile for judicial correspondence 331

SeC. 5. Protections when the witness is in a foreign country，and has removed previously to being summoned 331

SeC. 6. Death-bed examination 332

CHAP. 11. The production of real evidence 333

CHAP. 12. Rules for the inspection of written evidence 337

CHAP. 13. Of writings 339

CHAP. 14. Course to be followed with refractory witnesses 341

CHAP. 15. Measures to be taken to prevent the loss of evidence 346

CHAP. 16. Of anonymous information 350

APPENDIX. 358

The law of England in regard to investigatory procedure 358

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