REDDERE
RECUSATIO TESTIS. Iat. In the civil law. Rejection of a witness, on the ground of incompetency.. Best, Ev. Introd. 60, $ 60.
Category: Evidence
Found 82 results · Showing 61–82
REFRESHING THE MEMORY. The
act of a witness who consults his documents, memoranda, or books, to bring more distinctly to his recollection the details of past events or transactions, concerning which he ‘is testifying.
RELIGION
of the law with reference to the admissibility of evidence. See Hoag v. Wright, 34 App. Div. 260, 54 N. Y. Supp. ; 2 L. Ed. 244; Davis v. Beason, 188 U. S. 333, 10 Sup. Ct. 299, 33 L. Ed. 637; Board of Education v. Minor, 28 Ohio St. 241, 138
REMOTO IMPEDIMENTO
ed as a foundation from which indirect evidence may be drawn, by way of inference, have not a visible, plain, or necessary connection with the proposition eventually to be proved, such evidence is rejected for “remoteness.” See 2 Whart. Ev. § 12...
REPROBATOR, ACTION OF. In
Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Bell.
Roten, 86 N. C. 701; Blough
v. Parry, 144 Ind, 463, 43 N. E. 560. Evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence. Code Civ.
S. W. 1041, 82 L. R. A. 172
—Disinterested witness. One who ca no interest in the cause or matter in issue, and who is lawfull competent to testify. Jones v.
SALVAGE
“Saloon” has not acquired the legal signification of a house kept for retailing intoxicating liquor. It may mean a room for the reception of company, for exhibition of works of art, etc. State v. Mansker, 36 Tex. 364.
Sav. & Loan Ass’n v. Topeka, 20 Wall
666, 22 L. Ed. 455.—General credit. The character of a witness as one generally worthy of credit. According to Bouvier, there is a distinction between this and “particular credit,” which may be affected by proof of particular facts relating to ...
Saxon law. One bound by oath, g
d. “‘oathtied.” From ath, oath, and tied. Id.
See HeEIn.—Lawful man
aA freeman, unattainted, and capable of bearing oath: a legalis homo.—Lawf money. Money which is a legal tender in payment of debts; e. g., gold and silver coined at the mint.
SPOLIATOR
Lat. A spoiler or de stroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that everything most to his disadvantage is to be presumed against the destroyer, (spoliator,)
State v O’Neil, 13 Or
183, 9 Pac. 286; 1 Whart. § 20.—Satisfactory evidence.
Str. Cas. Ev
(or Str. Sve.). Strange’s ‘Cases of Evidence (“Octavo Strange”). Str.N.C. Sir T. Strange’s Notes of Cases, Madras. : Stra. Strange.
SWEAR
1. To put on oath; to administer an oath to a person.
Testamentum, i
e., testatio mentis, facta nullo presente metu periculi, sed cogitatione mortalitatis. Co. Litt. 322. A testament, c e., the witnessing of one’s intention, made under no present fear of danger, but in expectancy of death.
Toml
(or Toml. [Cas.]). tion Evidence Case
UNLAWFULLY
UNLAW. In Scotch law. A witness was
UNOCEASESATH. In Saxon
law. An oath by relations not to avenge a relation’s death. Blount.
VESTIGIUM
Lat. In the law of evidence, a vestige, mark, or sign; a trace, track, or impression left by a physical object.
W. 910; People v. Stern, Mise. Rep
455, 68 N. Y. Supp. 7382; Mallery v. Young, 94 Ga. 804, 22 S. BH. 142; Parker v. Overman, 18 How. 141, 15 L. Ed. 318; State v. Newton, 33 Ark. 284.—Traditionary evidence. Evidence derived from tradition or reputation or the statements formerly made...
Whitley; 4 Steph. Comm
372-378.—Ex officio oath. An oath taken by offending priests; abolished by 13 Car. II. St. 1, « 12.