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Half-proof
Half-proof () was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof () needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such examples as a single witness or private documents. In cases where there was half-proof against a defendant, he might be allowed to take an oath as to his innocence, or he might be sent for torture to extract further evidence that could complete the burden of proof. Sir Matthew Hale, the leading late 17th-century English jurist, wrote: However, the concept never became firmly established in English law. Voltaire claimed that the Parlement of Toulouse dealt not only in half-proofs but in quarter-proofs and eighth-proofs, but there is no direct evidence of that. In later times, half-proof was mentioned in 19th century Scots law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval Roman Law
Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, '' Corpus iuris civilis'', it added many new concepts, and formed the basis of the later civil law systems that prevail in the vast majority of countries. Rediscovery of ancient Roman law Although some legal systems in western Europe in the Early Middle Ages, such as the Visigothic Code, retained some features of ancient Roman law, the main texts of Roman law were little known, except in the Byzantine Empire, where its Roman legal system, based on Justinian's Code, prevailed and was occasionally updated. That changed when the '' Digest'' was rediscovered in late 11th century Italy. It was soon apparent that the ''Digest'' was a massive intellectual achievement and that the assimilation of its contents would require much time and study. The first western European university, the University of Bologna, was set up in la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossator
The scholars of the 11th- and 12th-century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman law based on the '' Digesta'', the ''Codex'' of Justinian, the ''Authenticum'' (an abridged Latin translation of selected constitutions of Justinian, promulgated in Greek after the enactment of the ''Codex'' and therefore called '' Novellae''), and his law manual, the '' Institutiones Iustiniani'', compiled together in the '' Corpus Iuris Civilis''. (This title is itself only a sixteenth-century printers' invention.) Their work transformed the inherited ancient texts into a living tradition of medieval Roman law. The glossators conducted detailed text studies that resulted in collections of explanations. For their work they used a method of study unknown to the Romans themselves, insisting that contradictions in the legal material were only apparent. They tried to harmonize the sources in the conviction that for every legal ques ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspicion (emotion)
Suspicion is a cognition of mistrust in which a person doubts the honesty of another person or believes another person to be guilty of some type of wrongdoing or crime, but without sure proof. Suspicion can also be aroused in response to objects that negatively differ from an expected idea. In the US, the courts use the term " reasonable suspicion" in connection with the right of the police to stop people on the street. The word comes from Middle-English via the Old French word "suspicion", which is a variation of the Italian word "sospetto" (a derivative of the Latin term "suspectio", which means "to watch"). History English philosopher, statesman, and author Francis Bacon (1561–1626) wrote an essay entitled ''Of Suspicion'', in which he stated that suspicions need to be repressed and well-guarded, because otherwise they will cloud the mind, and cause a ruler to move towards tyranny, due to the fear that his subjects are conspiring against him, and a husband to become jealou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Azo (jurist)
Azo of Bologna or Azzo or Azolenus ( 1150–1230) was an influential Italian jurist and a member of the school of the so-called glossators. Born circa 1150 in Bologna, Azo studied under Joannes Bassianus and became professor of civil law at Bologna. He was a teacher of Franciscus Accursius. He is sometimes known as Azo Soldanus, from his father's surname, and also Azzo Porcius (dei Porci), to distinguish him from later famous Italians named Azzo. He died circa 1230. Azo wrote glosses on all parts of the ''Corpus Iuris Civilis''. His most influential work is his ''Summa Codicis'', a commentary of the civil law organized according to the order of Justinian's Code. The ''Summa Codicis'', and , collected by his pupil, Alessandro de Santo Aegidio, and amended by Hugolinus and Odofredus, formed a methodical exposition of Roman law. As one of the very few medieval legal texts in Latin, the ''Summa Codicis'' has been translated into Old French. Biography Azo studied civil law in his n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of torture, Some definitions restrict torture to acts carried out by the state (polity), state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological torture, psychological meth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voltaire
François-Marie Arouet (; 21 November 169430 May 1778), known by his ''Pen name, nom de plume'' Voltaire (, ; ), was a French Age of Enlightenment, Enlightenment writer, philosopher (''philosophe''), satirist, and historian. Famous for his wit and his criticism of Christianity (especially Criticism of the Catholic Church, of the Roman Catholic Church) and of slavery, Voltaire was an advocate of freedom of speech, freedom of religion, and separation of church and state. Voltaire was a versatile and prolific writer, producing works in almost every literary form, including Stageplay, plays, poems, novels, essays, histories, and even scientific Exposition (narrative), expositions. He wrote more than 20,000 letters and 2,000 books and pamphlets. Voltaire was one of the first authors to become renowned and commercially successful internationally. He was an outspoken advocate of civil liberties and was at constant risk from the strict censorship laws of the Catholic French monarchy. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
