Evidence in trials at common law

Evidence in trials at common law volume 1 contents: Ch. 1 - Introduction, scope of the subject and preliminary distinctions. §1. Definition of evidence; distinctions between law and fact and between argument and evidence. §2. Distinctions between factum probandum and factum probans, between rules of substantive law and pleading and rules of evidence, between materiality and admissibility, and between facts not in issue and facts not admissible. §3. Topical analysis of the system of evidence. §4. Rules of evidence in chancery, criminal trials, ex parte proceedings, interlocutory proceedings, proceedings to determine admissibility of evidence, contempt proceedings, grand jury proceedings and preliminary hearings in criminal cases, disciplinary proceedings against lawyers and judges, sentencing proceedings, parole and probation revocation proceedings. §4a. Rules of evidence in administrative proceedings: theory. §4b. Rules of evidence in administrative proceeding: history and policy. §4c. Rules of evidence in administrative proceedings: modern theory and practice. §4d. Admiralty proceedings; military courts-martial; juvenile delinquency and family court proceedings; American Indian tribal courts. §4d.1. Rules of evidence in nonjury trials. §4d.2. Conciliation and mediation; small claims courts. §4e. Rules of evidence in arbitration proceedings. §4f. Social casework. §4g. Labor arbitration. §4h. Private associations. §4i. Codes of commercial and professional ethics. §4j. Congressional proceedings: impeachment trials. §4k. Congressional proceedings: hearings before committees. §4l. Appellate courts. §4m. Public international arbitration and adjudication; international and national claims commissions; commercial and private international arbitration. §4n. General historical inquiries. §5. Conflict of laws; distinction between lex fori and foreign law; interstate conflicts; international conflicts. §6. Material formerly in §6 now appears in §6.1. §6.1. Rules of evidence in federal courts before 1938. §6.2. Rules of evidence in civil and criminal cases, 1938-1975. §6.3. The movement for codification of and enactment of the Federal Rules of Evidence. §6.4. The Federal Rules of Evidence and choice-of-law problem. §6.5. Significance of the Federal Rules of Evidence. §§6a-6d. Material formerly in §§6a through 6d now appears in §§6.1 and 6.2. §6e. Rule in the state courts. §6f. Conflict of laws in Canada. §7. Constitutional sanction of rules of evidence; ex post facto laws; legislative alteration of rules. §7.1. Constitutional sanction of rules of evidence; procedural due process. §7.2. Constitutional sanction of rules of evidence; procedural due process in quasi-criminal actions. §7.3. Constitutional sanction of rules of evidence; right to trial by jury. §7a. Contracts to alter or waive rules of evidence. §8. General survey of the historical development of the rules of evidence. §8a. Present and future of the law of evidence: the judicial decisions. §8b. Present and future of the law of evidence; progress of the law and of the lawmakers. §8c. Present and future of the law of evidence; faults and needs of the rules of evidence. Book I: What facts may be presented as evidence (admissibility). Ch. 2 - Introduction, general theory and procedure of admissibility. §9. The two axioms of admissibility; none but facts having rational probative value as admissible. §10. The two axioms of admissibility; all facts having rational probative value are admissible, unless some specific rule forbids. §10a. Exclusion of probative evidence for undue prejudice. §11. Classification of the rules of admissibility: relevancy, auxiliary probative policy, and extrinsic policy. §12. Distinction between relevancy and admissibility, and between proof, or weight, and admissibility. §13. Multiple admissibility; evidence applicable to more than one purpose. §14. Conditional admissibility; evidence admitted pending subsequent proof. §14.1. Relevancy and preliminary questions of fact. §15. Curative admissibility; prior introduction of inadmissible evidence, as estopping from subsequent objection to other inadmissible evidence. §16. Judicial discretion as applied to admissibility; distinction between discretion and unappealable rulings. 2. Procedure in question of admissibility. §17. The offer of evidence. §18. The objection. §19. The ruling. §20. The exception. §20a. The offer of proof. §21. The judgment of error; materiality, and new trial. Includes preface, summary of contents and table of contents.