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Chapter

Cover Cross & Tapper on Evidence

XVI. Proof of frequently recurring matters  

This chapter describes different ways in which evidence may be given of certain matters that frequently have to be proved in litigation. Proof of foreign law, identity, birth, death, age, marriage and legitimacy, judgments, convictions, and other orders of the court are discussed here. With foreign law, the general rule is that it must be proved by an expert witness. For questions of identification, the question of evidence becomes more complicated, with the chapter exploring direct, circumstantial, and presumptive evidence in relation to identity. After a brief look into birth, death, age, marriage, and legitimacy, the chapter finally turns to the proof of judgments and convictions.