MACNAIR,M., The Law of Proof in Early Modern Equity. Berlin 1999.
The Law of Proof in Early Modern Equity. 1. Aufl. Berlin, Duncker & Humblot, 1999.
16 x 23 cm. 322 S. (Comparative Studies in Continental and Anglo-American Legal History, 20). ISBN 9783428091980.
Inhalt: I. Introductory: Equity proof and the origins of the common law of evidence – Common law, civil law and equity procedure – A note on the scope and sources of the study – II. Allegations and Confessions: Secundum allegata et probata: Variance from the bill – The confession of the adverse party – Conclusion – III. Proof by Documents: Concepts, Contexts and Conditions of Use: General conceptions of proof by documents – Conditions for the use of documents – Conclusion – IV. The Weight of Documentary Proof: Writing preferred – Writing required – Conclusion: Preference for writings – V. Proof by Witnesses – Principles and Procedure: The principles of proof by witnesses in the learned laws – The examination of witnesses in equity – Conclusion – VI. Exceptions to Witnesses: Wigmore’s arguments – The classification of exceptions – Natural incapacity: Children and lunatics – Bad character – Bias – Conclusion – VII. Compulsion to Testify and its Limits: Compulsion to testify – Exemptions from compulsion – Privilege – Conclusion – VIII. The Weight of Testimony: The weight of the oath – Equity examination and the purpose of cross-examination – The requirement of two witnesses – Conflict of testimony – Hearsay and opinion – Conclusion – IX. The Burden and Standard of Proof and Presumptions: The burden and standard of proof – Presumptions – X. Conclusions: Equity proof, trial by jury, and the origins of the law of evidence – Equity, common law, and civil law – Bibliography
Order Number: 5374VB
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