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The Pamphlet Collection of Sir Robert Stout: Volume 27

Evidence

page 5

Evidence.

(Candidates for admission as Solicitors need not answer Questions 13,14,15. and 16.)

1.How should the confession of an accomplice be deal with when tendered as evidence against the prisoner, or against one of two indicted together?
2.Can you advise the class of cases in which books of account can be admitted as evidence in favour of the party who kept and wrote them?
3.Under what circumstances will an alteration avoid an instrument?
4.Will you state the class of cases in which a witness can and cannot speak to belief?
5.What liabilities does a witness incur who fails to appear upon his subpoena?
6.When can a witness refuse and when is he bound to answer a question which might in his opinion degrade him?
7.What are the best tests for detecting falsehood in a witness?
8.What are judgments in rem, and how far are they binding upon strangers?
9.When and when is not the admission of one joint contractor evidence against the others?
10.What is the rule of law in respect to the construction of letters?
11.Can you say where a question of negligence is for the jury, and where it is for the Judge?
12.In what cases is more than one witness necessary?
13.What is the rule in regard to the admission of evidence of collateral facts, and how should it be applied?
14.What is the meaning of "leading question;" and what are the several circumstances under which it may be put?
15.Upon whom does the onus probandi rest; and what are the reasons for and the tests of the rule you may lay down?
16.What does "rebutting an equity" mean? Illustrate your reply.