UID:
edoccha_9958911400402883
Format:
1 online resource (323 p.)
ISBN:
3-428-79198-3
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3-428-49198-X
Series Statement:
Comparative studies in Continental and Anglo-American legal history = Vergleichende Untersuchungen zur kontinentaleuropäischen und anglo-amerikanischen Rechtsgeschichte, Band 20
Content:
This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. T
Note:
Description based upon print version of record.
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Contents; Chapter One: Introductory; I. Equity proof and the origins of the common law of evidence; II. Common law, civil law and equity procedure; III. A note on the scope and sources of the study; Chapter Two: Allegations and Confessions; I. Secundum allegata et probata: Variance from the bill; II. The confession of the adverse party; 1. Compulsion to answer on oath, and its exceptions; a) Compulsion; b) Exceptions; 2. Answer conclusive against the defendant; 3. Other admissions; a) The bill; b) Oral admissions out of court; 4. Use of the answer otherwise than against the defendant
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a) Exceptionsb) Co-defendants; c) The weight of the oath; III. Conclusion; Chapter Three: Proof by Documents - Concepts, Contexts and Conditions of Use; I. General conceptions of proof by documents; 1. Roman-canon principles; 2. The common law; a) Estoppels, pleading and profert; b) Evidence to a jury; 3. Proof by documents in equity, according to Ballow; II. Conditions for the use of documents; 1. Public documents; 2. Private documents, as admissions?; a) Third party documents; b) Documents used for their maker; c) Conclusion; 3. Proof of documents; a) Documentary originals
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b) Proof of execution4. Privity and mutuality; III. Conclusion; Chapter Four: The Weight of Documentary Proof; I. Writing preferred; 1. Estoppel and relief against it; 2. The parol evidence rule; II. Writing required; 1. Before 1677; 2. The Statute of Frauds; a) Origins; b) The application of the Statute in equity; III. Conclusion: Preference for writings; Chapter Five: Proof by Witnesses - Principles and Procedure; I. The principles of proof by witnesses in the learned laws; II. The examination of witnesses in equity; 1. Regularity of examination
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2. Control of examination by the court and safeguards against subornationa) Examination by officers of the court; b) Examination on interrogatories; c) Secrecy; d) Re-examination; 3. Cross-examination; 4. Reprobatio?; III. Conclusion; Chapter Six: Exceptions to Witnesses; I. Wigmore's arguments; II. The classification of exceptions; 1. Classification by effect; 2. Classification by grounds; III. Intellectual incapacity: Children and lunatics; IV. Bad character; 1. Infamy; 2. Infidels; 3. Other bad character; 4. Status rules; V. Bias; 1. Parties and persons interested
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a) The dating and origins of the ruleb) Theory, limits and exceptions; c) Party oaths in equity; 2. Affinity and dependence; a) Affinity and dependence: Spouses; b) Dependence: Servants and counsel; c) Why were the affinity and dependence exceptions in general not 'received'?; VI. Conclusion; Chapter Seven: Compulsion to Testify and its Limits; I. Compulsion to testify; II. Exemptions from compulsion; III. Privilege; 1. Self-incrimination; 2. Legal professional privilege; IV. Conclusion; Chapter Eight: The Weight of Testimony; I. The weight of the oath
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II. Equity examination and the purpose of cross-examination
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English
Additional Edition:
ISBN 9783428191980
Additional Edition:
ISBN 3-428-09198-1
Language:
English
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