The Law of Evidence in Civil and Criminal Cases, Michigan

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Callaghan, 1920 - 1025 páginas
 

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Conteúdo

Particular PresumptionsPayment to Tax Sales
63
Particular PresumptionsTaxes to Undue Influence
66
Presumptions
68
PART IV
70
PART V
90
Value of Services Sec 89 Value of Property Sec 90 Appraised and Other Sales as Evidence of Value Sec 91 Facts Relevant to Particular Issues Sec 92...
91
CHAPTER 7
145
RELEVANCY PRIOR AND SUBSEQUENT ACTS AND FACTS Sec 106 Mortality Tables When Admissible
171
Relevancy of Similar Facts and Transactions Sec 108 Evidence of Other Offenses When Relevant Sec 109 Relevancy of Similar Facts and Transactio...
180
Expressions and Statements of Personal Injury and Suffer
184
Relevancy of Similar Facts and TransactionsTo Show Mo tive Intent Knowledge
185
Evidence of Other Accidents in Negligence Cases
187
Subsequent Precautions Against Injury
188
CHAPTER 9
190
PART VI
212
Detention of Third Person Within the Jurisdiction Sec 135 Consequences of NonProduction of Document After Notice
228
Computations and Aggregate of Items Sec 137 Conclusions from Records
229
Verbal Testimony of Conviction of Crime Admissible on Cross Examination of Convict
230
Degrees of Secondary Evidence
231
Papers Part of Conversations Sec 141 Contents of Paper Collaterally in Issue
234
Proof of Foreign
235
Oral Disclaimer of Record Title
236
Cross Examination as to Contents of Written Instrument Sec 145 Independent Facts
237
Execution of DocumentRegistry Copies Attesting Wit nesses not AvailableLost Documents
239
PART VII
242
Statements in Writings as Admissions
248
Acts or Conduct as Admissions
249
Acquiescence or Silence as Admissions
250
Admissions by Parties and Others Interested in Event
251
Admissions by Vendors or Mortgagors of Real Property
255
Admission by Sellers or Mortgagors of Chatties Sec 159 Admissions by Bankrupts Assignees and Assignees for the Benefit of Creditors
256
Admissions by Assignors and Testators
258
Admissions by Agents or Other Representatives
259
Admissions of Agent not Admissible to Prove Scope and Ex tent of Agency
262
Admissions by Partners and Joint Contractors
268
Admissions by Trustee Sec 169 Admissions by ConspiratorsIn Criminal Cases
269
Admissions by ConspiratorsIn Civil Cases
270
Evidence Preliminary to Proof of Admissions in Conspiracy
271
Mode and Requisites of Proof of Admission
273
Conclusiveness and Variation of Proof of Admissions Sec 174 Construction and Effect of Admissions
275
Determination of the Question of Competency of Witness
347
Competency of Parties and Persons Interested in Event
349
The Statutory Rule as to Matters Equally Within the Knowl
353
Matters Equally Within the Knowledge of Witness and De ceased Persons Continued Sec 244 Matters Occurring Before Death of Deceased Sec 245 E...
354
Testifying
370
Husband and WifeRelationshipWhen Excluded from
378
Subject Matter of Testimony in Transactions Between Wit
384
Matters Equally Within the Knowledge of Witness and
395
CHAPTER 17
406
CHAPTER 18
420
Redirect Examination as to New Matter on CrossExami nation
438
CHAPTER 19
474
CHAPTER 20
486
CrossExamination as to Inconsistent Statements Sec 318 Laying the Foundation for Proof of Inconsistent Statements Sec 319 Admission or Denial by...
487
PART XII
549
Private Documents and Memoranda
584
Effect of Lack of Record
585
Proof of Notice of Meetings
586
Identification Market Reports Expert Testimony Maps and Plats
587
Books of Accounts and Records
589
Letters
595
Unsigned Memoranda Sec 353 Documents in Possession of the Opposite Party
597
Examination of Documents by Jury
598
Subscribing Witnesses
600
Weight and Effect of Documentary Evidence
603
PART XIII
604
Parol Evidence to Show Nature and Extent of Liability Sec 382 Parol Evidence to Show Effect of Writing as to Persons Not Parties Sec 383 Parol Evi...
605
Parol Evidence to Affect Employment and Construction Con tracts
623
Facts
667
Supervisors of Menominee County 120 Mich
677
CHAPTER 24
685
OPINIONS AND FACTS Sec 417 Opinions and Facts In General Sec 418 Opinions and Facts In Criminal Cases Sec 419 Matters of Common Knowle...
705
CHAPTER 26
720
CHAPTER 27
731
PART XV
757
WEIGHT AND SUFFICIENCY OF EVIDENCE CHAPTER 29
772
PART XVII
803
Mich 552
815
Discrediting by Showing Charge and Conviction of Crime Sec 303 Impeachment by Conduct
915

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Passagens mais conhecidas

Página 336 - A husband cannot be examined for or against his wife without her consent ; nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Página 805 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Página 417 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Página 92 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...
Página 277 - But, to this end, they must be distinct and formal, or such as are termed solemn admissions, made for the express purpose of alleviating the stringency of some rule of practice, or of dispensing with the formal proof of some fact at the trial.
Página 336 - ... where the cause of action grows out of a personal wrong or injury done by one to the other, or grows out of the refusal or neglect to furnish the wife or children with suitable support, and except in cases...
Página 205 - It may be mentioned in this place, that though papers and other subjects of evidence may have ,been illegally taken from the possession of the party against whom they are offered, or otherwise unlawfully obtained, this is no valid objection to their admissibility, if they are pertinent to the issue. The court will not take notice how they were obtained, whether lawfully or unlawfully, nor will it form an issue, to determine that question.
Página 561 - A copy of the judicial record of a foreign country is also admissible in evidence, upon proof: 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; 2.
Página 236 - The unwritten, or common law of any other state, or territory, or foreign government, may be proved as facts by parol evidence ; and the books of reports of cases adjudged in their courts, may also be admitted as presumptive evidence of such law.
Página 484 - The Constitution gives the accused the right to a trial at which he should be confronted with the witnesses against him ; but if a witness is absent by his own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away.

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