The Principles of the Law of Evidence

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Credit due to human testimony?Continued PARAGRAPH 2. Capacity of witness . . . 2S 1. Opportunities of observing the matters, he narrates . . 22 2. Powers of perception and observation ..... 22 3 Importance of the circumstances narrated .... 22 4. Memory ........... 22 Concurrent and conflicting testimonies...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Credit due to human testimony?Continued PARAGRAPH 2. Capacity of witness . . . 2S 1. Opportunities of observing the matters, he narrates . . 22 2. Powers of perception and observation ..... 22 3 Importance of the circumstances narrated .... 22 4. Memory ........... 22 Concurrent and conflicting testimonies 23 Things to be considered when weighing testimony 24 1. Consistency of the narration . 24 2. Possibility and probability of the matters related . . . .24 Misrepresentation, incompleteness, and exaggeration ... 26 Divisions of evidence .27 1. Direct and indirect evidence 27 1. Direct evidence 27 2. Indirect or circumstantial evidence 27 Conclusive . 27 Presumptive 27 3. Real and personal evidence ... .... 28 3. Original and derivative evidence 2 Forms of derivative evidence ...... 29 Infirmity of 3C 4. Pre-appointed and casual evidence -3 3. The human understanding may be considered in three points of view, namely: with respect to the sources of our ideas; the objects about which the human mind is conversant; and the intensity of our persuasions as to the truth or falsehood of facts or propositions. 4. i. The best metaphysicians trace all our ideas to the sources of sensation or of reflection. (c) Thereappear to be two kinds of sensation; (d) i. The internal sense ? the intuitive perception of our own existence, and of what is actually passing in our minds. Of all forms of knowledge or persuasion this is the clearest and most indubitable; and it is the basis of every other. Descartes and Locke, however different their systems in other respects, agree in this. Ego cogito, ergo sum, is the celebrated maxim of the former: (e) If I doubt of all other things, says the latter, (/') that very doubt makes me perceive...