Hammon on Evidence: Covering Burden of Proof, Presumptions, Judicial Notice, Judicial Admissions, and Estoppel

Keefe-Davidson Company, 1907 - 720 pàgines
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Pàgina 51 - a rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence, unless and until the truth" (perhaps it would be better to say 'soundness') "of the inference is disproved.
Pàgina 342 - Parliament, or within twenty years next after any other title of entry accrued; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall...
Pàgina 549 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Pàgina 88 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;' and this rule has been so frequently repeated as to have become a maxim in the law.
Pàgina 171 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence...
Pàgina 550 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Pàgina 209 - It is said, ignorantia juris haud excusat; but in that maxim the word jus is used in the sense of denoting general law, the ordinary law of the country. But when the word jus is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be^ the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective...
Pàgina 39 - ... presumption of fact', in the loose sense, is merely an improper term for the rational potency, or probative value, of the evidentiary fact, regarded as not having this necessary legal consequence. They are, in truth, but mere arguments', and 'depend upon their own natural force and efficacy in generating belief or conviction in the mind.
Pàgina 366 - In conducting a process of judicial reasoning, as of other reasoning, not a step can be taken without assuming something which has not been proved; and the capacity to do this with competent judgment and efficiency, is imputed to judges and juries as part of their necessary mental outfit.
Pàgina 237 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; "6.

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