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This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge.
Law, General & Comparative --- Law, Politics & Government --- burden of proof --- witness evidence --- principles of taking evidence --- evidence by inspection --- expert opinions --- general principles of civil procedure --- examination of parties --- unlawful evidence --- documentary evidence --- taking evidence in civil procedure --- Counterparty --- Legal remedy --- Letters rogatory --- Trial court --- Videotelephony
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"Murder on the Mountain tells the story of Margaret Meierhofer, the last woman executed by the State of New Jersey, who was hung - along with a farmhand drifter named Frank Lammens -- in Newark at the Essex County Jail in January 1881 for murdering her husband John. In September 1879, a Dutch immigrant named Frank Lammens who described himself as a "professional tramp" arrived at the Meierhofer farmhouse. Margaret hired him and, on October 9, her husband was found dead in the basement with a pistol shot wound in the back of the head. Margaret and Frank each blamed the other for killing John, and the subsequent trial became front-page news throughout the nation. The trial proved especially sensational, and at one point the judge discouraged women from attending owing to the salacious testimony surrounding Margaret's supposed affairs. Neither Margaret nor Frank ever confessed to the crime, and both protested their innocence as they went to the gallows. Governor George McClellan, a fellow West Orange resident, refused to commute their sentences to life imprisonment despite the fact that they were convicted on purely circumstantial evidence. Their story opens an interesting window on issues concerning immigration, family tensions, gender roles, class, capital punishment, incarceration, and community life during the depression decade of the 1870s. This book embeds the story within this larger social context, seeking to both relate a fascinating story and to tease out the larger implications of the murder and execution"--
Capital punishment --- Murder --- Crime --- History --- Margaret Klem, John Meierhofer, Bavarian, Bavarian immigrants, immigrants, New Jersey, 19th century, farm, farmer, farming, West Orange, Civil War, intimate partner abuse, domestic violence, murder, bullet, killed, farmhand, Dutch, Dutch immigrant, Frank Lammens, accused, crime, gallows, homicide, execution, executed, murderess, adulteress, press, news, media coverage, battered wife, innocent, guilty, convicted, conviction, mysterious, true crime story, crime story, mystery, murder mystery, trial, court, verdict, front-page news, capital punishment, mental health, anti-immigrant sentiment, xenophobia, women’s independence, women’s right, jail.
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