The Law of Evidence in Civil and Criminal Cases, Michigan

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Callaghan, 1920 - 1025 halaman
 

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Judicial Notice of Corporate Charters and Rights Sec 25 Judicial Notice of Matters Relating to Government Its Laws and Administration
31
PART III
35
Presumption of Mental Capacity Sec 33 Presumption of Identity of Persons and Things
42
Presumption of Regularity in the Course of Business Sec 35 Presumption of Due Care and Proper Conduct
43
PART XVII
44
Presumption of Correctness of Legislative Proceedings Sec 37 Presumption as to Specific Facts
45
Presumptions from Failure to Produce Witnesses Sec 39 Presumption of Delivery of Mail and Telegrams
47
Rebuttal of Presumptions
48
CHAPTER 4
49
PART IV
70
Burden of Proof in Particular Actions
79
Burden of Proof in Particular Proceedings
82
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
Relevancy In Actions on Miscellaneous Contracts Sec 65 RelevancyRecoupment
106
Relevancy In Criminal Cases in General Sec 67 Relevancy for the Purpose of Identification of Persons and Things
107
Relevancy to Rebut Alibi Sec 69 Relevancy of Evidence Explanatory of Conduct
109
CHAPTER 7
145
Supervisors of Menominee County 120 Mich 677
162
RELEVANCY PRIOR AND SUBSEQUENT ACTS AND FACTS Sec 106 Mortality Tables When Admissible Sec 107 Relevancy of Similar Facts and...
171
CHAPTER 9
190
PART VI
212
ADMISSIONS AND CONFESSIONS CHAPTER 11
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 Sellors or Mortgagors of Chattles 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
Practice on Introduction of Confessions
279
PART VIII
281
Declarations Acts and Conduct of Testator
293
Declarations by Beneficiaries Under Wills and Conveyances Sec 189 Declarations of Physical Pain and Suffering
297
Dying Declarations
299
PART IX
303
PART X
304
HEARSAY CHAPTER 14
312
PART XI
329
Redirect Examination as to New Matter on CrossExami nation
438
CrossExamination of Party
449
CrossExamination of Party Continued
453
CrossExamination on Collateral and Immaterial Matters Sec 274 CrossExamination of Opposite Party His Employe or Agent
457
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
601
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
Expressions and Statements of Personal Injury and Suffer
645
PART XIV
667
CHAPTER 24
685
Handwriting Sec 407 Due Care and Proper Conduct
690
Nature Condition and Relation of Objects Sec 409 Quality
693
Value In General Sec 411 Rate of Speed
696
Cause and Effect
698
Expert Testimony as to Damages
699
Examination of Witnesses
700
Facts Forming Basis of Opinion
701
CrossExamination and ReExamination
702
Facts
705
CHAPTER 26
720
CHAPTER 27
731
PART XV
757
PART XVI
772
DEPOSITIONS CHAPTER 30
803
Discrediting by Showing Charge and Conviction of Crime Sec 303 Impeachment by Conduct
915
Official Certificates
1014

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Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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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