Every document, apparently ancient, coming from the proper repository or custody, and bearing on its face no evident marks of forger, the law presumes to be genuine, and devolves on the opposing party the burden of proving it to be otherwise.

Profession: Judge

Topics: Burden, Law, Party,

Wallpaper of quote
Views: 15
Meaning: The quote, "Every document, apparently ancient, coming from the proper repository or custody, and bearing on its face no evident marks of forger, the law presumes to be genuine, and devolves on the opposing party the burden of proving it to be otherwise," is attributed to Simon Greenleaf, a prominent 19th-century jurist, and legal scholar. This statement encapsulates a fundamental principle of evidence law, often referred to as the ancient document rule. It outlines the legal presumption of the authenticity of documents that meet specific criteria, placing the burden of proof on those who seek to challenge their genuineness.

In essence, the quote underscores the importance of provenance and the absence of obvious signs of forgery in determining the authenticity of ancient documents. When a document is deemed to be of ancient origin and is found in the proper repository or custody, the law operates under the presumption that it is genuine. This presumption places the burden of proof on any party disputing the document's authenticity to provide evidence to the contrary.

Simon Greenleaf, the author of the quote, was a highly regarded figure in the field of evidence law. His work, particularly his treatise "A Treatise on the Law of Evidence," has had a lasting impact on legal scholarship and the development of evidentiary principles. Greenleaf's expertise in the realm of evidence law, combined with his scholarly contributions, lends significant weight to the quote and its underlying principles.

The concept articulated in the quote reflects a broader understanding of the legal principles governing the admissibility and weight of evidence. It emphasizes the significance of the document's origin, custody, and external characteristics in assessing its authenticity. By placing the initial presumption of genuineness on such documents, the legal framework seeks to uphold the integrity of historical and documentary evidence while ensuring a fair allocation of the burden of proof in legal proceedings.

Furthermore, the quote aligns with the broader jurisprudential notion of the presumption of regularity, which underpins various legal presumptions related to official acts, documents, and records. The presumption of regularity operates on the premise that official acts are presumed to have been regularly performed, and documents originating from official sources are presumed to be genuine and regular in the absence of evidence to the contrary. This overarching legal principle serves to maintain the stability and reliability of official records and documents within the legal system.

From a practical standpoint, the quote has significant implications for the examination and admission of historical, archival, and documentary evidence in legal proceedings. It underscores the importance of establishing the provenance and custodial history of ancient documents while highlighting the legal significance of external indicators of authenticity. By imposing the burden of proof on those contesting the genuineness of such documents, the legal framework seeks to uphold the presumption of authenticity and promote confidence in the reliability of historical evidence.

In conclusion, the quote by Simon Greenleaf encapsulates a fundamental principle of evidence law, emphasizing the legal presumption of authenticity accorded to ancient documents meeting specific criteria. It underscores the significance of provenance, custody, and the absence of evident signs of forgery in determining the genuineness of such documents. Grounded in the expertise of a respected legal scholar, this principle aligns with broader legal presumptions concerning official acts and documents, aiming to maintain the integrity of historical evidence within the legal system. As such, the quote serves as a testament to the enduring importance of provenance and external indicators of authenticity in the evaluation of documentary evidence within the framework of the law.

0.0 / 5

0 Reviews

5
(0)

4
(0)

3
(0)

2
(0)

1
(0)