The Law of Proof in Early Modern Equity.

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