Download or read book Burden of Proof and Related Issues written by Mojtaba Kazazi and published by BRILL. This book was released on 2023-07-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.
Download or read book The Moral Universe written by John Bengson and published by Oxford University Press. This book was released on 2024-05-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Moral Universe explores central questions in metaethics concerning the nature of moral reality, its fundamental laws, its relation to the natural world, and its normative authority. It employs a novel philosophical method to offer the most sustained and sophisticated development of nonnatural moral realism to date. The authors advance new ways of answering these questions, contending that moral standards regarding what to do and how to be are not only objectively authoritative, but essentially so. Rather than arising from personal schemes or collective ideals, morality flows from the nature of things. One of the principal aims of the book is to show how this view accommodates and explains a wide range of data concerning the metaphysical and normative dimensions of morality. Along the way, the book offers novel characterizations of moral realism and nonnaturalism, defends and explains the existence of substantive moral conceptual truths, supplies a new treatment of moral supervenience, substantiates the categoricity and importance of moral reasons, and presents a strategy for identifying the source of morality. Exemplifying a commitment to the integrity of moral philosophy, The Moral Universe also tackles fundamental issues in value theory and normative ethics in the service of developing a systematic, explanatorily potent version of nonnaturalist realism.
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Download or read book The Federal Paperwork Burden written by United States. Congress. Senate. Select Committee on Small Business. Subcommittee on Government Regulation and published by . This book was released on 1972 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roberts Zuckerman s Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2022-08-04 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Download or read book Deference in Human Rights Adjudication written by Cora Chan and published by Oxford University Press. This book was released on 2024-07-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, it offers guidelines for judges who wish to apply its theoretical arguments. As such, Deference in Human Rights Adjudication will enable human rights adjudication to be more principled and in line with the rule of law and separation of powers. Insightful and pioneering, this book will be an important reference for researchers, teachers, and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.
Download or read book A Dictionary of the English Language written by Joseph Emerson Worcester and published by . This book was released on 1860 with total page 1874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decisions and Orders of the National Labor Relations Board written by United States. National Labor Relations Board and published by . This book was released on 2014 with total page 1510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defendant Participation in the Criminal Process written by Abenaa Owusu- Bempah and published by Routledge. This book was released on 2016-10-04 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
Download or read book Proving Discriminatory Violence at the European Court of Human Rights written by Jasmina Mačkić and published by BRILL. This book was released on 2018-07-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Download or read book A Manual of Federal Evidence written by John Elliott Byrne and published by . This book was released on 1928 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decisions and Orders of the National Labor Relations Board V 352 written by and published by Government Printing Office. This book was released on 2009 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the decisions and orders of the Board, a table of cases, and a cross reference index from the advance sheet numbers to the volume page numbers.
Download or read book The American and English Annotated Cases written by and published by . This book was released on 1917 with total page 1402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Classified Index of National Labor Relations Board Decisions and Related Court Decisions written by and published by . This book was released on 2005 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Statutes Annotated written by United States and published by . This book was released on 1920 with total page 1054 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 1972 with total page 1488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial and Statutory Definitions of Words and Phrases written by and published by . This book was released on 1928 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
