Documente Academic
Documente Profesional
Documente Cultură
Ei incumbit probatio qui dicit, non qui negat: The burden of proof is on the one who declares,
not on one who denies. The phrase is a legal maxim in criminal law relevant to the
presumption of innocence and indicates the legal burden of proof falls upon the prosecution
making the charge and not the defendant.
Shorthand rendering of facts: A "shorthand statement of fact" has been defined as "the
instantaneous conclusions of the mind as to the appearance, condition, or mental or physical
state of persons, animals, and things, derived from observation of a variety of facts presented
to the senses at one and the same time.
Contradictory Evidence vs.Prior inconsistent statement
Contradictory evidence refers to other testimony of the same witness, or other
evidence presented by him in the same case, but not the testimony of another witness.
Prior inconsistent statement refers to statements, oral or documentary made by the
witness sought to be impeached on occasion other than the trial in which he is testifying.
Present memory revived vs. Past recollection recorded
a) The former applies if the witness remembers the facts regarding his entries while the
latter applies where the witness does not recall the facts involved.
b) Present memory revived is entitled to greater weight than past recollection recorded
c) In the former, the evidence is the testimony; in the latter, the evidence is the writing
or record.
d) In the first, the rule of evidence affected is competency of a witness and examination
of the witness; in the second, the rule of evidence affected is the best evidence rule.
e) In present memory revived, the witness simply testifies that he knows that the
memorandum is correctly written by him or under his supervision. There is no need to
swear. In past recollection recorded, witness must swear that the writing correctly
states the transaction.
Offer of proof/tender of excluded evidence vs. Offer of evidence
Tender of excluded evidence shall be made as follows, to wit: a) if documents or
things offered in evidence by the court, the offeror may have the same attached to or made
part of the record; b) if the evidence excluded is oral, the offeror may state for the record
the name and other personal circumstances of the witness and the subtsance of the proposed
testimony.
The rule on offer of evidence refers to one where the court shall consider no
evidence which has not been formally offered.
Harmless error rule:
Doctrine of processual presumption: It is a rule that in case of failure to prove and plead the
proper foreign law, the foreign law is presumed as the same as the domestic law.
Who are privies?
Refers to those who have mutual or successive relationship to the same right of
property of subject matter.
Explain prospectant, concomitant and retrospectant collateral matters.
Requisites for revival of present memory.