Download or read book Hearsay Evidence in Criminal Proceedings written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Download or read book The Law of Hearsay Evidence written by John Bevan Coulson Tregarthen and published by . This book was released on 1915 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hearsay Rule written by G. Michael Fenner and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive "Use Notes" explain each foundational element and how to make it work for you. The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works. Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.
Download or read book The Hearsay Rule written by G. Michael Fenner and published by . This book was released on 2003 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom." -TRIAL Magazine, December 2003 Hearsay is the most difficult part of an Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. This treatise on hearsay will be invaluable for students, practitioners, and judges -- anyone involved with the law of evidence. Chapter 1 explains the basic concept using both time-tested and brand-new ways of seeing and understanding the subject. Other chapters take a foundational approach to the exclusions and exceptions. One of these chapters includes important new ways to use the residual exception. Yet other chapters take a foundational approach to hearsay exceptions found outside of the rules of evidence, such as exceptions in the Federal Rules of Civil and Criminal Procedure. Fenner offers chapters on multiple levels of hearsay, on evidence that is inadmissible hearsay to one issue and admissible hearsay to another, on the interrelation between the hearsay rule and the competence of witnesses (including ways in which a lawyer with an incompetent witness might be able to use hearsay to get that witness's evidence before the trier of fact), and much more. The Hearsay Rule includes discussions of, and commentary on, ways in which the rules can be used to advance the student's or the advocate's goals and on the many ways various rules interrelate -- topics not commonly addressed in other works. No other treatise gives the student and the lawyer this kind of help with hearsay. "This treatise on hearsay will be invaluable for students, practitioners, judges, or anyone involved with the law of evidence." -McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. "In my experience, it is rare for a law school text to be equally valuable to practitioners and judges. The Hearsay Rule is one of these rare books. Used as a text at a number of law schools, it is organized to provide both a ready reference and an in-depth treatment of the hearsay rule." -Barbara Fritschel, Law Library Journal"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom. . . . The uniformity of his analysis helps the reader develop a construct to evaluate hearsay. . . This book would be a great addition to a new lawyer's collection, and it should be used widely in law schools since it so clearly sets forth the hearsay rule in its various permutations. More experienced lawyers who believe they know it when they se it would benefit from this helpfull refresher." --Trial (December 2003)
Download or read book A Student s Guide to Hearsay written by Clifford S. Fishman and published by . This book was released on 2007 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Evidence written by Edmund Morris Morgan and published by . This book was released on 1927 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Evidence written by American Law Institute and published by . This book was released on 1942 with total page 252 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 Hearsay Evidence written by Anthony Olen Rider and published by . This book was released on 1975 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hearsay Rule written by Robert Wilfred Baker and published by . This book was released on 1950 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook of the Law of Evidence written by John Jay McKelvey and published by . This book was released on 1924 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearsay written by Irving Younger and published by Aspen Publishers. This book was released on 1988 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidentiary Foundations written by Liz Heffernan and published by Bloomsbury Professional. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence.
Download or read book Uniform Evidence Law written by Miiko Kumar and published by . This book was released on 2015 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.
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 McCormick on Evidence written by Charles Tilford McCormick and published by West Publishing Company. This book was released on 1999 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence written by Arthur Best and published by Aspen Publishers. This book was released on 1999 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Best's 'plain language' version of the Federal Rules of Evidence earned the gratitude of thousands of students who turned to his book for clear explanations of the many rules, principles, and policies of evidence law. Both students and instructors will find this third edition of EVIDENCE: Examples & Explanations as effective as it is engaging. This best-selling study guide follows the proven format of the Examples & Explanations Series to make the study of evidence as painless as possible. For every topic, Best presents questions of varying degrees of difficulty, followed by clear explanations of how to analyze the problems. His examples put the rules in context and show students the real-life applications of the material. This edition reflects developments concerning the Federal Rules, specifically: -Rule 407 regarding strict liability -Rule 804 concerning the new hearsay exception -Rule 801's new provision requiring proof to substantiate witness testimony in some cases -New Rule 807 eliminating redundancies in the hearsay provisions of Rules 803 and 804 The author also presents important new Supreme Court cases, including: -U.S. v. Scheffer -Swindler & Berlin v. U.S. -General Electric Co. v. Joiner For specific guidance on a particularly complicated concept or general reinforcement of the full range of course material, EVIDENCE: Examples & Explanations, Third Edition, Is a proven partner in teaching and learning. Table of Contents Preface Acknowledgements Chapter 1: The General Requirement of Relevance Introduction The Basic Standard and Its Application Unfair Prejudice Limited Admissibility Conditional Relevance Recurring Situations Flight Similar Happenings Statistical Proof Chapter 2: Specific Exclusions of Relevant Material Introduction Insurance Subsequent Remedial Measures Compromises and Offers to Compromise Payments of Medical Expenses Nolo Contendere and Withdrawn Guilty Pleas Character Evidence The Propensity Inference Non-propensity Uses of Character Evidence 'Character in Issue' Habit Form of Proof Related to Character Character of the Accused And The Victim Character of Sexual Assault Victim Constitutional Restrictions on Exclusion of Defense Evidence Summary of Permitted Uses of Propensity Evidence Chapter 3: Defining Hearsay Introduction Basic Rule Basic Rationale for Excluding Hearsay Detailed Analysis of Statements Typically not Offered to Prove the Truth of What They Assert Visual Aids Detailed Analysis of What Constitutes a Statement Classic Hearsay Puzzles Chapter 4: Exceptions To The Hearsay Exclusionary Rule Introduction Hearsay And The Confrontation Clause Statements Exempted from the Federal Rules Definition of Hearsay Groupings of Hearsay Exceptions under the Federal Rules Statements Defined as Hearsay but Admissible Without Regard To The Declarant's Availability Statements Defined as Hearsay but Admissible if the Declarant is 'Unavailable' Residual Exception Chapter 5: Examination and Impeachment Introduction General Competency Rules Scope and Style of Examination General Right to Impeach Impeachment by Showing the Witness Lied Intentionally Timing for Proof of Crimes, Acts, and Character Impeachment by Proof of Poor Perception or Memory Impeachment by Contradiction Prior Statements by a Witness Impeaching a Hearsay Declarant Chapter 6: Expert Testimony Introduction Topics for Expert Testimony Qualification as an Expert Type of Data Testimony Based on Scientific Experiments Style of Testimony Chapter 7: Privileges Introduction Attorney-Client Privilege Spousal Communications Physician-Patient Therapist-Patient Priest-Penitent Governmental Executives and I
