Gr. Eq
(or Ch.). (H. W.) Green's New Equity Reports;—Gresley’s Equity Evidence.
Category: Evidence
Found 82 results · Showing 31–60
Hnglish Election Cases
a Fam. Cas. Cir. Ev. Famous Cases of Circumstantial Evidence, by Phillips.
Huen (D. C.) 118 Fed
457; People v. Stewart, 80 Cal. 129, 22 Pac. 124: Pittman v. Pittman, 72 Ill. App. 503.—Second-hand evidence. Evidence which has passed through one or more media before reaching the witness; hearsay evidence.—State’s evidenees. A: pop ular term...
HYPOCHONDRIA. See INSANITY
HYPOSTASIS. In medical jurisprudence. (1) The morbid deposition of a sediment of any kind in the body. (2) A congestion or flushing of the blood vessels, as in varicose veins. Post-mortem hypostasie, a peculiar lividity of the cadaver.
IN PERPETUAM REI MEMORIAM
in perpetual memory of a matter; for preserving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent.
IN PERPETUUM REI TESTIMONI
UM. In perpetual testimony of a matter;
IN PRZMISSORUM FIDEM
in confirmation or attestation of the premises. A notarial phrase.
INFERENOE
In the law of evidence.
ITA EST
Lat. So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary’s register when the same are made by the successor in office of the notary who made the eriginal entries.
JURAMENTUM
Lat In the civil law. An oath.
LIQUERE
Lat. In the civil law. To be clear, evident, or satisfactory. When a judex was in doubt how to decide a case, he represented to the preetor, under oath, sébé non liquere, (that it was not clear to him,) and was thereupon discharged. Calvin.
MAKE
cute; as to make an issue, to make oath, to make a presentment.
Manifesta probatione non indigent
7% Coke, 40. Things manifest do not require proof.
Mechanics’ Sav. Bank, 72 Fed
413, 19 C..C. A. 286, 88 L. R. A. 33.—Principal fact. In the law of evidence. <A fact sought and roposed to be proved by evidence of other cts (termed “evidentiary facts’) from which it is to be deduced by inference. A fact which is the princip...
MENTI
Lat. In the civil law. A species of action allowed to a child who had been unjustly disinherited, to set aside the will, founded on the presumption of law, in such
Mise. Rep
558, 64 N. Y. Supp. 681. 148, 77 N. Y¥. Supp. 166; Evans’ 218, 41 N. Y. Supp. ere tent witness. One who is legally qualified to be heard to testify in a cause. Hogan v. Sherman, 5 Mich. 60; People v. Compton, 123 Cal. 403, 56' Pac. 44; Com. v. M...
NEMO BIS PUNITUR
properly rejected this as a rule of evidence. 7 Term R. 601.
NEMO IN PROPRIA OAUSA
- Nemo in propria causa testis esse debet. No one ought to be a witness in his own cause. 3 Bl. Comm. 371.
Occurring in
various legal phrases, as follows: : —Legem amittere. To lose one’s law; that is, to lose one’s privilege of being admitted to take an oath—Legem facere. In old English law. To- make law or oath—Legem ferre. In Roman law. To propose a law t...
OLERG YABLE
502.—Olear cvidemce or proof. vidence which is positive, precise and explicit, as opposed to ambiguous, equivocal, or contradictory proof, and which tends directly to establish the point to which it is adduced, instead of leaving it a matter of. co...
People v. Mullings, 83 Cal
138, 23 Pac. 229, 17 Am. St. Rep. 223.—Inculpatory evidence. Criminative evidence; that which tends, or is intended, to establish the guilt of the accused. —Indispensable evidence. That without which a particular fact cannot be proved. Code
PLUS VALET UNUS OCULATUS
Plus valet unus oculatus testis quam auriti decem. One eye-witness is of more weight than ten ear-witnesses, [or those who speak from hearsay.) 4 Inst. 279.
Principles prove; they are not proved
3 Coke, 50a. Fundamental principles require no proof; or, in: Lord Coke’s words, “they ought to be approved, because they cannot be proved.” Id.
PROBATIO
Lat. Proof; more particularly direct, as distinguished from indirect or circumstantial evidence.
PROBATIVE
mediate proceedings are presumed. 1 Greenl. Ev. § 20.
PROBUS ET LEGALIS HOMO. [at
A good and lawful man. A phrase particularly applied to a juror or. witness who was free from all exception. 8 Bl. Comm. 102.
PROOF
proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart. Ev. § 1.
PROTHONOTARY
form. of asseveration which approaches very nearly to an oath. Wolff. Inst. Nat. § 375..-
PRZEJIURAMENTUM
law. <A preparatory oath.
REBUTTABLE PRESUMPTION. In
the law of evidence. A presumption which may be rebutted by evidence. Otherwise called a “disputable” presumption. A species of legal presumption which holds good until disproved. Best, Pres. § 25; 1 Greenl. Ev. § 33.