Description
Legal scholars from every nation are usually guided by the formations of their own legal system and, if they do dare to cross boundaries, by the two big legal »families«: the continental European and the Anglo-American legal system. These two legal systems are usually treated as systems that isolated themselves and have separate historical developments. The goal of the CSC is to correct this skewed view. On the one hand, each of the two legal systems never formed a monolithic unit: one only has to bear in mind the differences between the German and the French legal system or the fact that US Law is drifting away from English Common Law. On the other hand, the model of two isolated legal systems has proven to be fragile and antiquated: the mutual influence and common features are forces that have shaped the legal development substantially on both sides. It is also due to the research results published so far in the CSC, that these notions have been corrected. It is the intent of the CSC, which is kindly sponsored by the Gerda Henkel Foundation, to further bridge the gap between the two legal systems.
Overview
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
