palani
9th November 2015, 06:21 PM
VIVA VOCE. Living voice; verbally. It is said a witness delivers his evidence viva voce, when he does so in open court; the term is opposed to deposition. It is sometimes opposed to ballot; as, the people vote by ballot, but their representatives in the legislature, vote viva voce.
The importance of the voice. It is living.
Think lex non-scripta ... unwritten law. It is voiced law. Common law. Once you have written it down it becomes statute law ... not common law.
What about the deaf and dumb?
DEAF AND DUMB. No definition is requisite, as the words are sufficiently known. A person deaf and dumb is doli capax but with such persons who have not been educated, and who cannot communicate, their ideas in writing, a difficulty sometimes arises on the trial.
2. A case occurred of a woman, deaf and dumb, who was charged with a crime.
She was brought to the bar, and the indictment was then read to her, and the question, in the usual form, was put, guilty or not guilty ? The counsel for the prisoner then rose, and stated that he could not allow his client to plead to the indictment, until it was explained to her that she was at liberty to plead guilty or not guilty. This attempted to be done, but was found impossible, and she was discharged from the bar "simpliciter."
How is evidence entered into the record? Someone swears to it on the witness stand ... VERBALLY.
What is the first thing you are taught in grade school? How to speak or how to write?
What is the importance of the voice? When it issues from the throat of a man or woman it indicates life. Living. Not dead.
DEAD-PLEDGE. A mortgage of lands or goods - mortuum vadium.
Things that are DEAD include writings. Think about it for a bit. You decide.
The importance of the voice. It is living.
Think lex non-scripta ... unwritten law. It is voiced law. Common law. Once you have written it down it becomes statute law ... not common law.
What about the deaf and dumb?
DEAF AND DUMB. No definition is requisite, as the words are sufficiently known. A person deaf and dumb is doli capax but with such persons who have not been educated, and who cannot communicate, their ideas in writing, a difficulty sometimes arises on the trial.
2. A case occurred of a woman, deaf and dumb, who was charged with a crime.
She was brought to the bar, and the indictment was then read to her, and the question, in the usual form, was put, guilty or not guilty ? The counsel for the prisoner then rose, and stated that he could not allow his client to plead to the indictment, until it was explained to her that she was at liberty to plead guilty or not guilty. This attempted to be done, but was found impossible, and she was discharged from the bar "simpliciter."
How is evidence entered into the record? Someone swears to it on the witness stand ... VERBALLY.
What is the first thing you are taught in grade school? How to speak or how to write?
What is the importance of the voice? When it issues from the throat of a man or woman it indicates life. Living. Not dead.
DEAD-PLEDGE. A mortgage of lands or goods - mortuum vadium.
Things that are DEAD include writings. Think about it for a bit. You decide.