Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Download or read book California Trial Objections written by and published by . This book was released on 2009 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Evidence written by and published by . This book was released on 1980 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Elements of Evidence written by Richard D. Friedman and published by West Academic Publishing. This book was released on 2004 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most pervasive change in this volume is the addition of new text, some of it reflecting new issues and developments, but most of it consisting of attempts to explain enduring issues of evidentiary law. Problems have been changed less than the text. The legal landscape is in constant flux, but most of the evidentiary problems that courts must face change far more slowly than do the doctrines used to address those problems. The text is designed for a four-credit course.
Download or read book Aspects of the Law of Evidence written by Eilis S. Magner and published by . This book was released on 1988 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law Procedure and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Download or read book Legal Aspects of Evidence written by Robert W. Ferguson and published by Harcourt College Pub. This book was released on 1978-01-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Anatomy of Louisiana Evidence Law written by Shenequa L. Grey and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Anatomy of Louisiana Evidence Law is the first of its kind in Louisiana, representing a new trend in law school casebooks across the country. Much more than just a compilation of cases and notes, this book is a complete coursebook. It presents a detailed, thorough, and comprehensive examination of the law of evidence through the use of concise commentary and a number of pedagogical elements designed to both reinforce legal principles and to help bridge the ever-widening gap between law school theory and practice. This exceptionally organized casebook covers the entire Louisiana Code of Evidence with a treatise-like explanation of the legal principles, written in a reader friendly style. The casebook includes both Louisiana cases and select U.S. Supreme Court cases directly affecting Louisiana law with discussion questions to assist students in understanding the cases and concepts in each section. Reinforced by a summary of key points, students are presented with a straightforward presentation of the law, designed to better equip them to more fully engage in classroom lectures and discussion. This style of presentation of the law is coupled with numerous opportunities for application with over 400 original problems and practical application exercises. Throughout the book are comparisons of major distinctions between the Louisiana Code of Evidence and the Federal Rules of Evidence and a discussion of public policy concerns underlying the evidentiary principles to serve as a guide to understanding how the law should be applied and to better understand many of the distinctions in the state and federal laws.
Download or read book Australian Uniform Evidence Law written by Fiona Hum and published by Cambridge University Press. This book was released on 2022-01-11 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.
Download or read book Report written by Ireland. Law Reform Commission and published by . This book was released on 2016 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Case Book on the Law of Evidence written by Niki Tobi and published by . This book was released on 2002 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a companion volume to The Law of Evidence in Nigeria (Aguada, 1974). It specifically reports Nigerian cases conducted under Nigerian jurisdiction and the principles of stare decisis in Nigerian jurisprudence, as opposed to cases under foreign jurisdiction, and therefore addresses a perceived imbalance in the documentation of decisions under Nigerian law of evidence as against foreign decisions. The work is organised under the following headings: preliminary matters; relevancy; proof; documents; production and effect of evidence; and witnesses. The author is a member of th Nigerian Court of Appeal and has written on many aspects of Nigerian law, particularly women's and human rights issues.
Download or read book Canadian Evidence Law in a Nutshell written by R. J. Delisle and published by Carswell Legal Publications. This book was released on 2009 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Canadian Evidence Law in a Nutshell, 3rd Edition provides a succinct introduction to the legal and practical aspects of the law of evidence in Canada. Professors Delisle and Dufraimont articulate the principles underlying each of the rules of evidence, bringing clarity to this fascinating and continually evolving area of law. The third edition has been thoroughly updated to reflect recent changes in the law and to add the latest leading Supreme Court of Canada decisions such as R. v. Khela, R. v. Khelawon, F.H. v. McDougall, R. v. J.H.S, R. v. Trochym, R. v. Stirling, R. v. Griffin, Canada (Privacy Commissioner) v. Blood Tribe Department of Health, R. v. Singh, and R. v. Grant."--Pub. desc.
Download or read book Proving Documents in Court written by Sally Thomas and published by . This book was released on 1988 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aspects of the Law of Evidence written by and published by . This book was released on 1988 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aspects of the Law of Evidence written by Stephen Odgers and published by . This book was released on 1988 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Aspects of Forensics written by Danielle S. Sapse and published by Infobase Publishing. This book was released on 2009 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes how forensic evidence can be involved in a court of law, including information on past use, landmark cases, and the steps and people involved in trials.
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1996-12-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
