Download or read book Evidence and the Litigation Process written by Jeffrey Pinsler and published by . This book was released on 2020 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ontario Litigator s Guide to Evidence written by James Cooper Morton and published by . This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide provides immediate solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings. Difficult concepts are simplified for easy understanding and instant use in court. The author takes the common law and the provincial and federal Evidence Acts to their essentials. This seventh Edition is fully updated to account for the rapidly changing laws of evidence, including revisions to the sections on expert testimony, false confessions and settlement privilege along with new sections on misapprehension of evidence and unreasonable verdicts, demeanor evidence and alibi. This publication is a must-have for any lawyer dealing with evidentiary issues, as well as judges, law students and professors, and law clerks and papalegals.

Download or read book Spoliation of Evidence written by Margaret M. Koesel and published by American Bar Association. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.

Download or read book Evidence Law for the Civil Litigator written by James Cooper Morton and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inference the tort of spoliation discovery sanctions ethics, and routine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.

Download or read book Test Yourself in Evidence Civil Procedure Criminal Procedure and Sentencing written by The City Law School and published by Oxford University Press, USA. This book was released on 2007 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing over 130 challenging multiple-choice questions, together with note-form answers, this book is the ideal revision aid for students on the Bar Vocational Course. Test Yourself allows students to quickly and easily reinforce their knowledge of key principles, procedures and leading cases in the areas of evidence, civil procedure, criminal procedure and sentencing. Offering students the opportunity to practice undertaking multiple-choice questions, which may be similar to those met in assessments, Test Yourself can be used as a tool by students to not only test their knowledge and comprehension of key legal principles, but can also be used to identify any weaknesses in knowledge, indicating areas where further study is required. Answers to all questions are provided at the end of the tests, along with accompanying feedback sections which fully explain the answer to each question, and which also provide useful tips on how to approach such questions in an exam, providing an excellent starting point for further revision.

Download or read book Electronic Evidence and Discovery written by Michele C. S. Lange and published by American Bar Association. This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in the way evidence is exchanged, namely the emergence of so-called e-discovery, is no exception. Litigaors cannot continue to ignore the fact that as much as 30% of all evidence in maintained in electronic form, Lawyers need to accept the change and use it of possibly face malpractice action.

Download or read book Objections in Civil Litigation written by Pat Van den Heever and published by Juta and Company Ltd. This book was released on 2010 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Photographs in Civil Litigation written by Kenneth B. Hughes and published by MICHIE. This book was released on 1973 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Second Annual Conference Evidence Law for the Civil Litigator written by James Cooper Morton and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Evidence Law for the Civil Litigator written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Common Sense Rules of Advocacy for Lawyers written by Keith Evans and published by The Capitol Net Inc. This book was released on 2010-03 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.

Download or read book 6th Annual Conference Evidence Law for the Civil Litigator written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Evidence for Practitioners written by Peter R. Hibbert and published by . This book was released on 2014-05-21 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Evidence for Practitioners is a practical, hands-on textbook on civil evidence. It clearly explains the evidential issues that apply at each stage of a civil litigation action and offers best practice advice on the steps that should be taken and what actions should be avoided. The book now has a major new chapter on e-disclosure, dealing with the project management of the disclosure of electronically stored information, including identification of sources of digital evidence, preservation, collection and review of data, together with templates for the preparation of cost estimates for the e-disclosure process. There is also a brand new chapter on offensive and defensive strategies in the context of disclosure applications. This chapter examines the tactics for making and resisting pre-action and interim applications for disclosure to maximum advantage.

Download or read book Evidence Law Adrift written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1997-01-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere.