单词 | Testimonial evidence |
释义 | 證言 The producing to a court of information and statements by oral means. The common law system of trial relies principally on the proof of facts by oral testimony, that is, by witnesses testifying in person in court from their own mouths. The oral testimony of a witness is inadmissible at common law unless the witness has been sworn to tell the truth. Oral evidence given in open court by witnesses whose demeanour and deportment have been observed is preferable to evidence given by witnesses out of court: Ridgway v Wharton (1857) 6 HL Cas 238. See also Adducing evidence; Documentary evidence; Evidence; Privilege against self-incrimination; Real evidence. 藉口頭的方式向法院提供資料及陳述。普通法的審訴制度主要倚賴憑藉口頭證供證明事實,即證人親自在法院透過口述作供。除非有關的證人已宣誓會據實作供,否則在普通法證人的口頭證供不獲接納。鑒於可觀察在公開法院作供的證人的態度及行為,他們提供的口頭證據較在法院外證人給予的證據更可取:Ridgway v Wharton (1857) 6 HL Cas 238。另見 Adducing evidence; Documentary evidence; Evidence; Privilege against self-incrimination; Real evidence。 |
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