Cases On the Law of Evidence
Cases On the Law of Evidence
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To this rule there is a well-established exception in the case of witnesses having special knowledge or skill in the business, art, or science, the principles of which are involved in the issue to be tried. Thus, the opinions of medical men are admissible in evidence as to the sanity or insanity of a person at a particular time, because they are supposed to have become by study and experience, familiar with the symptoms of mental disease and, therefore qualified to assist the court or jury in r...eaching a correct conclusion. And such opinions of medical experts may be based as well upon facts within their personal knowl- edge, as upon a hypothetical case disclosed by the testimony of others. But are there no other exceptions to the general rule to which we have referred ? While the mere opinion of a non-professional witness, predicated upon facts detailed by others, is incompetent as evidence upon an issue of insanity, his judgment, based upon personal knowledge of the cir- cumstances involved in such an inquiry, certainly is of value; because, the natural and ordinary operations of the human intellect, and the appearance and conduct of insane persons, as contrasted with the ap- pearance and conduct of persons of sound mind, are more or less understood and recognized by every one of ordinary intelligence who comes in contact with his species.
What to read after Cases On the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Welburn Hughes to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
To this rule there is a well-established exception in the case of witnesses having special knowledge or skill in the business, art, or science, the principles of which are involved in the issue to be tried. Thus, the opinions of medical men are admissible in evidence as to the sanity or insanity of a person at a particular time, because they are supposed to have become by study and experience, familiar with the symptoms of mental disease and, therefore qualified to assist the court or jury in r...eaching a correct conclusion. And such opinions of medical experts may be based as well upon facts within their personal knowl- edge, as upon a hypothetical case disclosed by the testimony of others. But are there no other exceptions to the general rule to which we have referred ? While the mere opinion of a non-professional witness, predicated upon facts detailed by others, is incompetent as evidence upon an issue of insanity, his judgment, based upon personal knowledge of the cir- cumstances involved in such an inquiry, certainly is of value; because, the natural and ordinary operations of the human intellect, and the appearance and conduct of insane persons, as contrasted with the ap- pearance and conduct of persons of sound mind, are more or less understood and recognized by every one of ordinary intelligence who comes in contact with his species.
What to read after Cases On the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Welburn Hughes to read onlineMoreLess
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