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An Exposition Of The Practice Relative To The Right To Begin And The Right To Reply - Softcover

William Mawdesley Best

 
9780461773637: An Exposition Of The Practice Relative To The Right To Begin And The Right To Reply

Synopsis

An Exposition Of The Practice Relative To The Right To Begin And The Right To Reply: In Trials By Jury, And In Appeals At Quarter Sessions by William Mawdesley Best. This 1837 volume is a practical treatise on the burden of proof (onus probandi) and the right to begin and to reply in trials by jury and in appeals at Quarter Sessions. It examines three main divisions of the onus, distinguishes between negatives and affirmative allegations, and explains how presumptions of law and fact influence who must prove what. The work surveys Civil and Criminal contexts, discusses the impact of the July 1833 rule (Carter V. Jones) that altered practice for cases involving unliquidated damages, and outlines the application of these principles to various forms of actions, pleas in abatement and bar, and appellate proceedings. It also covers the right to reply, the occasions for it, and the limits imposed by practice at nisi prius and in Crown prosecutions.

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