Tuesday, December 29, 2009

Inadmissible

INADMISSIBLE, adj. Not competent to be considered. Said of certain kinds of testimony which juries are supposed to be unfit to be entrusted with, and which judges, therefore, rule out, even of proceedings before themselves alone. Hearsay evidence is inadmissible because the person quoted was unsworn and is not before the court for examination; yet most momentous actions, military, political, commercial and of every other kind, are daily undertaken on hearsay evidence. There is no religion in the world that has any other basis than hearsay evidence. Revelation is hearsay evidence; that the Scriptures are the word of God we have only the testimony of men long dead whose identity is not clearly established and who are not known to have been sworn in any sense. Under the rules of evidence as they now exist in this country, no single assertion in the Bible has in its support any evidence admissible in a court of law. It cannot be proved that the battle of Blenheim ever was fought, that there was such as person as Julius Caesar, such an empire as Assyria.
But as records of courts of justice are admissible, it can easily be proved that powerful and malevolent magicians once existed and were a scourge to mankind. The evidence (including confession) upon which certain women were convicted of witchcraft and executed was without a flaw; it is still unimpeachable. The judges' decisions based on it were sound in logic and in law. Nothing in any existing court was ever more thoroughly proved than the charges of witchcraft and sorcery for which so many suffered death. If there were no witches, human testimony and human reason are alike destitute of value.
2009 Update: Unappealingly prejudicial.

14 comments:

Jim said...

You are right, Doug, that stuff isn't admissable in a court of law.
But it is admissable in equity court, called in the Eastern states the "Chancery Courts." There the judge is supposed to render a decision based upon what is right and just and not on the law.
Equity is ruled a lot by maixms. One of my favorite maxim is "He who sits on his hands will not be heard." Meaning that this person should have gotten his act together and come to court earlier. Similar in the court of law is 'statute of limitations.'

More maxims:
• Equity looks on as done that which ought to be done.
• Equity follows the law.
• He or she who comes into equity must come with clean hands.
• He or she who seeks equity must do equity.
• Equity does not allow a statute to be made an instrument of fraud.
• Equality is equity.
• Equity acts in personam.
• Equity will not assist a volunteer.
• Equity looks to intent not form.
• Equity will not suffer a wrong to be without a remedy.
• Where the equities are equal, the law prevails.
• Where the equities are equal, the first in time prevails.
• Equity aids the diligent not the tardy.

[Read more: Equity - The Chancery Court., American Law., Maxims of Equity., Clean Hands., Laches., Estoppel., Constructive Trust http://law.jrank.org/pages/18545/Equity.html#ixzz0b5VS2viR]

The right to come to Chancery Court is a major reason why large corporations are incorporated in Delaware. Delaware also had lenient tax laws for businesses.

Equity courts decrees are in the nature of injunctions. Law courts cannont issue injunctions.

Having said that, most Western states have incorporated equity into the law courts, i.e. the court performs both functions of law and equity depending upon the situation and surrounding laws and precidents. [Equity courts do not follow precedent law.]
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Thom said...

Inadmissable: Wsshington DC

Ariel the Thief said...

I had to google the word, and came across "inadmissible evidence". One of the most embarrassing things ever.

Ariel the Thief said...

Inadmissable, admitting that the Hungarian is not the cream of all nations.

sesse - in Essex or elsewhere

quilly said...

IN- a prefix of Latin origin, corresponding to English un-, having a negative or privative force

AD, n. advertisement or advertising

MISS, v. a failure of any kind

ABLE, adj. having necessary power, skill, resources, or qualifications; qualified

INADMISSABLE, adj. providing a negative advertisement for a powerful failure

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Oh. You already said that, didn't you?

actonbell said...

Loved your update! And it's only two little words:)

TLP said...

A person without an inviatation to the ball is inadmissable.

Unleast they're Michaele and Tareq Salahi.

sauerkraut said...

Good one, TLP! I am only able to picture Cotton Mather... and Gallows Hill.

Doug said...

Jim, that was actually a very interesting lesson. Thank you.

Thom, that's actually pretty clever if you mean to statehood.

Ariel, from my perspective as an American, there are two kinds of nations in the world: The marbled lands from which civilization springs and those that aren't Hungary.

More or less, Quilly, but without a tenth the word count.

Six bits, worth, A-bell.

By gum, TLP! You learned those people's names!

Sauerkraut, I fear you're bewitched.

quilly said...

Pffffft!

(How's that for word count?!)

Thom said...

Indeed I did :)

weirsdo said...

Misspelling of "inadmissible"?
Happy New Year.

Doug said...

Less impressive, Quill.

Well done, Thom.

Um, yeah. Very much so. Happy New Year.

Dr. Minnie Strator said...

Misunderstood.