Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Download or read book A Treatise on the System of Evidence in Trials at Common Law written by John Henry Wigmore and published by Franklin Classics Trade Press. This book was released on 2018-10-23 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Principles of Judicial Proof written by John Henry Wigmore and published by . This book was released on 1913 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence in Trials at Common Law written by John Henry Wigmore and published by . This book was released on 1961 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Evidence written by Simon Greenleaf and published by . This book was released on 1876 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence in Trials at Common Law written by John Henry Wigmore and published by Aspen Pub. This book was released on 1995-12-01 with total page 1500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wigmore's great work continues to influence the law of evidence as we move into the 21st century. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such lap-to-the-minute controversies as DNA fingerprinting and patient-psychotherapist privilege, this annually supplemented masterwork continues to provide authoritative guidance again and again. With the most comprehensive coverage you'll find anywhere, Wigmore's plan encompasses all this and more: Admissibility -- Relevancy -- Circumstantial evidence -- Character or disposition as evidence -- Opportunity -- Alibi -- Proving capacity, design, or intent -- Proving knowledge, belief, or consciousness -- Proving motive, feeling, or passion -- Proving identity -- Mental derangement or immaturity -- Moral depravity -- Testimonial recollection -- Confessions -- Impeachment -- Proving bias, corruption, or interest -- Contradiction and self-contradiction -- Rehabilitation -- The hearsay rule and its exceptions -- Opinions -- Authentication of documents -- Privilege -- Confidential communications -- Burdens and presumptions.
Download or read book John Henry Wigmore written by William R. Roalfe and published by . This book was released on 1977 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence in Trials at Common Law written by John Henry Wigmore and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Panorama of the World s Legal Systems written by John Henry Wigmore and published by . This book was released on 1928 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Witness Testimony Evidence written by Douglas Walton and published by Cambridge University Press. This book was released on 2007-11-19 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.
Download or read book A Theory of the Trial written by Robert P. Burns and published by Princeton University Press. This book was released on 2001-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
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 A Treatise on the Anglo American System of Evidence in Trials at Common Law written by John Henry Wigmore and published by . This book was released on 1940 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cool War written by Noah Feldman and published by Random House. This book was released on 2013-05-21 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold and thought-provoking look at the future of U.S.-China relations, and how their coming power struggle will reshape the competitive playing field for nations around the world The Cold War seemingly ended in a decisive victory for the West. But now, Noah Feldman argues, we are entering an era of renewed global struggle: the era of Cool War. Just as the Cold War matched the planet’s reigning superpowers in a contest for geopolitical supremacy, so this new age will pit the United States against a rising China in a contest for dominance, alliances, and resources. Already visible in Asia, the conflict will extend to the Middle East (U.S.-backed Israel versus Chinese-backed Iran), Africa, and beyond. Yet this Cool War differs fundamentally from the zero-sum showdowns of the past: The world’s major power and its leading challenger are economically interdependent to an unprecedented degree. Exports to the U.S. account for nearly a quarter of Chinese trade, while the Chinese government holds 8 percent of America’s outstanding debt. This positive-sum interdependence has profound implications for nations, corporations, and international institutions. It makes what looked to be a classic contest between two great powers into something much more complex, contradictory, and badly in need of the shrewd and carefully reasoned analysis that Feldman provides. To understand the looming competition with China, we must understand the incentives that drive Chinese policy. Feldman offers an arresting take on that country’s secretive hierarchy, proposing that the hereditary “princelings” who reap the benefits of the complicated Chinese political system are actually in partnership with the meritocrats who keep the system full of fresh talent and the reformers who are trying to root out corruption and foster government accountability. He provides a clear-eyed analysis of the years ahead, showing how China’s rise presents opportunities as well as risks. Robust competition could make the U.S. leaner, smarter, and more pragmatic, and could drive China to greater respect for human rights. Alternatively, disputes over trade, territory, or human rights could jeopardize the global economic equilibrium—or provoke a catastrophic “hot war” that neither country wants. The U.S. and China may be divided by political culture and belief, but they are also bound together by mutual self-interest. Cool War makes the case for competitive cooperation as the only way forward that can preserve the peace and make winners out of both sides. Praise for Cool War “A timely book . . . sharp, logical and cool.”—The Economist “Noah Feldman’s dissection of the United States–China relationship is smart, balanced, and wise.”—Robert D. Kaplan, New York Times bestselling author of The Revenge of Geography “Compelling . . . Feldman’s book carries enough insight to warrant serious attention from anyone interested in what may well be the defining relationship in global affairs for decades to come.”—Kirkus Reviews “A worthwhile and intriguing read.”—The Washington Post “Masterfully elucidates China’s non-democratic/non-communist new form of government.”—Publishers Weekly
Download or read book Legal Argumentation and Evidence written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Download or read book Louis D Brandeis written by Jeffrey Rosen and published by Yale University Press. This book was released on 2016-06-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.
Download or read book The Devil Himself written by Andrew Porwancher and published by New Narratives in American His. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nicholas Dukes and Captain Adam Nutt were two men with much in common. Both were prominent members of Pennsylvanian society in the 1880s, both had studied law under the same mentor, and both shared an intimate connection to the beautiful Lizzie Nutt: Dukes was her debonair fiancé, Nutt her doting father. Yet Dukes soured on Lizzie during their engagement and resolved to rid himself of his betrothed. He penned a scandalous letter to Captain Nutt accusing Lizzie of sexual transgressions with no fewer than seven suitors, himself included. Nutt was not one to suffer lightly an affront to his family. In their shared village of Uniontown, Nutt confronted Dukes in a duel that would lead to one man's death and the other's sensational murder trial. Using the Dukes-Nutt affair, the book explores the role of honor in a society hesitating at the threshold between past and future.--Publisher's description.
