The Works of Jeremy Bentham, Now First Collected: Under the Superintendence of His Executor, John Bowring ...W. Tait, 1840 |
Términos y frases comunes
admitted afford alleged appear applied bability brought to view cause cerning character circumstance circumstantial evidence confessionalist confessorial considerable course of nature court court of equity criminative decision defendant degree delay dence deposing witness disconformity discourse effect employed ends of justice English law equity evidentiary fact existence extrajudicially false falsehood favour forgery fraud ginal given ground hand happen hearsay evidence impossible improbability incredible inference infirmative instance interrogation judge judicature judicial jury latitancy lawyers less makeshift evidence matter mendacity ment mischief misdecision mode motive neral ness object occasion offence operate particular party perjury person persuasion plaintiff practice present principal fact probabilizing probative force procedure produced punishment purpose racter real evidence regard rendered respect rule script shape side sort species of evidence sufficient suitors supposed delinquent supposition taken testimony things tion transcript true trustworthiness truth tural vexation viva voce word
Pasajes populares
Página 8 - I understand all evidence of which any object belonging to the class of things is the source ; persons also included, in respect of such properties as belong to them in common with things.
Página 276 - Inst. 506-508, are shortly these:—Edward the First, in consideration of a fifteenth granted to him by the Parliament, consented the passing of the 18 Ed. I, which forbade any Jew to make usury upon any lands, rents, or other things. The consequence was, that more than 15,000 Jews left the kingdom. The richest of them embarked with their treasures in a large ship, and when they had got beyond Queenborough, the master and some of the sailors agreed to destroy their passengers by a stratagem. They...
Página 171 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Página 71 - Because (not to speak of greater numbers) even two articles of circumstantial evidence, — though each taken by itself weigh but as a feather, — join them together, you will find them pressing on the delinquent with the weight of a mill-stone. Give to the evidence in question the form of a written document, the treatment it meets with is reversed. An inexorable bar is now opposed to it. Presented by the mouth of a witness, be its value ever so small, it is allowed * See Book IX.
Página 156 - ... of two lawful witnesses, either both to the same overt act, or one to one, and the other to another overt act of the same treason, unless the accused...
Página 173 - It is now, however, fully settled, that the answer of the defendant, as well as the depositions of witnesses, in Chancery, are evidence in a court of law; and that "a decree of the court of Chancery may be given in evidence, on the same footing, and under the same limitations, as the verdict of judgment of a court of common law...
Página 38 - Impossible' (says the judge speaking from other evidence), 'on that day neither you nor the deceased were at that place.
Página 70 - I. p. 96. out the sword, and so ran out, through confusion of mind, for chirurgical assistance. 2. The deceased and the accused both wore swords. The deceased, in a fit of passion, attacked the accused. The accused, being close to the wall, had no retreat, and had just time enough to draw his sword, in the hope of keeping off the deceased : the deceased, not seeing the sword in time, ran upon it, and so was killed. Other suppositions might be started besides these ; nor do these...
Página 34 - In the relation between the sexes may be found the source of the most natural exemplifications of this as of so many other eccentric flights. The female unmarried, — punishment as for seduction hazarded, the imputation invited and submitted to, for the purpose of keeping off rivals, and reconciling parents to the alliance. The female married, — the like imputation, even though unmerited, invited, with a view to marriage, through divorce.
Página 198 - Natural procedure is the absence of those rules arid formalities of which technical procedure is composed. But for verse, prose would not have had a name. But for technical, natural procedure would not have had, would not have needed one. In current nomenclature, the distinction nearest to a coincidence with that between technical procedure and natural, as here explained, is that between regular and summary ; but the coincidence is far short of being complete. Thus far, it is true, they agree,—that,...