Competence and Evidence
Competence and Evidence
☑️ This element is an expansion of the content of Lawi's courses, guides, tools and other solutions. It offers facts, commentary, and analysis on this topic. Do you like what you read? Can I ask a favor from you? Like and share it with your family and friends so that others can discover it too. If you have been forwarded this element, please subscribe here.
"Their rules with regard to competence were many and strict, and our lawyers have mentioned it to their reproach. "The Civilians,” it has been observed, "differ in nothing more than admitting evidence; for they reject histriones, etc., and whole tribes of people.” But this extreme rigour as to competency rejected by our law, is not found to extend to the genus of evidence, but only to a particular species,-personal witnesses. Indeed, after all their efforts to fix these things by positive and inflexible maxims, the best Roman lawyers, in their best ages, were obliged to confess that every case of evidence rather formed its own rule than that any rule could be adapted to every case. The best opinions, however, seem to have reduced the admissibility of witnesses to a few heads. "For if,” said Callistratus, in a passage preserved to us in the Digest, "the testimony is free from suspicion, either on account of the quality of the person, namely, that he is in a reputable situation, or for cause, that is to say, that the testimony given is not for reward nor favour nor for enmity, such a witness is admissible.” This first description goes to competence, between which and credit Lord Hardwicke justly says the discrimination is very nice. The other part of the text shows their anxiety to reduce credibility itself to a fixed rule." Edmund Burke : Imp. of W. Hastings: Report on the Lords' Journals
Resources
Conclusion
Professional Content and Learning Tools
☑️ Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
Notes
See Also
Including similar content viewed by others, in case you missed it:
References and Further Reading
About the Author/s and Reviewer/s
Author: international