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Book The Modern Law of Evidence

    Book Details:
  • Author : Adrian Keane
  • Publisher : Oxford University Press, USA
  • Release : 2020-03-30
  • ISBN : 019884848X
  • Pages : 867 pages

Download or read book The Modern Law of Evidence written by Adrian Keane and published by Oxford University Press, USA. This book was released on 2020-03-30 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: A superbly clear, direct, and detailed explanation of the rules that underpin the law of evidence. The Modern Law of Evidence is a lucid, engaging, and authoritative guide to a fascinating and stimulating subject. Straightforward and practical in approach, it also provides concise and focused analysis of the theory behind the law, with an emphasis on recent discussion and current debates. An ideal text for undergraduates and students studying on the Bar Professional Training Course and Legal Practice Course, The Modern Law of Evidence is also an authoritative reference point for practitioners and judges. Online Resources The Modern Law of Evidence is accompanied by online resources, including: - Selected guidance on approaching the questions contained in the book - General advice on taking examinations in evidence - Regular updates on key developments - A list of web links to essential resources

Book A Treatise on the Modern Law of Evidence  Procedure

Download or read book A Treatise on the Modern Law of Evidence Procedure written by Charles Frederic Chamberlayne and published by . This book was released on 1911 with total page 1280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Treatise on the Modern Law of Evidence  Relevancy

Download or read book A Treatise on the Modern Law of Evidence Relevancy written by Charles Frederic Chamberlayne and published by . This book was released on 1913 with total page 1548 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book John Henry Wigmore and the Rules of Evidence

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.

Book Evaluation of Evidence

    Book Details:
  • Author : Mirjan Damaška
  • Publisher : Cambridge University Press
  • Release : 2019
  • ISBN : 1108497284
  • Pages : 161 pages

Download or read book Evaluation of Evidence written by Mirjan Damaška and published by Cambridge University Press. This book was released on 2019 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.

Book Evidence   the Adversarial Process

Download or read book Evidence the Adversarial Process written by Jenny McEwan and published by Hart Publishing. This book was released on 1998-09-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.

Book The Psychological Foundations of Evidence Law

Download or read book The Psychological Foundations of Evidence Law written by Michael J. Saks and published by NYU Press. This book was released on 2016-01-22 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

Book A Modern Approach to Evidence

    Book Details:
  • Author : Richard Lempert
  • Publisher : West Academic Publishing
  • Release : 2013-11-18
  • ISBN : 9781634595858
  • Pages : pages

Download or read book A Modern Approach to Evidence written by Richard Lempert and published by West Academic Publishing. This book was released on 2013-11-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, an outline starter, and 12-month digital access to leading study aids and the Gilbert Law Dictionary. This is the Fifth Edition of the textbook that pioneered the teaching of Evidence using problems rather than appellate opinions. The text explores the Rules of Evidence and their rationales in a straightforward fashion without hiding the ball or ignoring complexities. Problems that clarify the Rules appear throughout the chapters; larger problem sets that explore the Rules in detail are found at the ends of chapters. The updated edition discusses important recent cases and introduces social science findings and recent developments in science and technology that bear on the design and operation of the Rules of Evidence, and on their rationale.

Book The Modern Law of Contracts

Download or read book The Modern Law of Contracts written by Bruce W. Frier and published by West Academic Publishing. This book was released on 2008 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contracts casebook includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. the authors express their disagreement about basic issues, so that students can experience the range of possible in modern contract law. to save time, the authors avoid extensive citation of academic scholarship except as it pertains to the cases being studied. Certain traditional subjects such as offer and acceptance and consideration are reduced to the bare minimum, where more pivotal subjects such as form contracts, arbitration clauses, and the modern concept of unconscionability are considered at length.

Book A Modern Approach to Evidence

Download or read book A Modern Approach to Evidence written by Richard O. Lempert and published by . This book was released on 1982 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Treatise on the Law of Evidence

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:

Book Evidence and the Adversarial Process

Download or read book Evidence and the Adversarial Process written by Jenny McEwan and published by Wiley-Blackwell. This book was released on 1992-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Cross and Tapper on Evidence

Download or read book Cross and Tapper on Evidence written by Roderick Munday and published by Oxford University Press. This book was released on 2018 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross & Tapper continues to provide exceptionally clear and detailed coverage of the modern law of evidence, with an element of international comparison. The foremost authority in the area, it is a true classic of legal literature.

Book Foundations of Evidence Law

    Book Details:
  • Author : Alex Stein
  • Publisher : Oxford University Press on Demand
  • Release : 2005
  • ISBN : 9780198257363
  • Pages : 248 pages

Download or read book Foundations of Evidence Law written by Alex Stein and published by Oxford University Press on Demand. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

Book The Modern Law of Evidence

Download or read book The Modern Law of Evidence written by Adrian Keane and published by Oxford University Press. This book was released on 2022 with total page 879 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for students studying the contemporary law of evidence. The fourteenth edition examines the theory behind the law, as well as its practical application, with emphasis on current debates.

Book Pleadings Without Tears

    Book Details:
  • Author : William Rose
  • Publisher : OUP Oxford
  • Release : 2012-05-17
  • ISBN : 0191635081
  • Pages : 518 pages

Download or read book Pleadings Without Tears written by William Rose and published by OUP Oxford. This book was released on 2012-05-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new eighth edition is fully updated to take account of Civil Procedure Rule (CPR) changes since the last edition. The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become more confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. It gives clear examples of how to set out relevant matters with clarity and precision and encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case and the parties' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a good understanding of drafting.

Book Evidence in Contemporary Civil Procedure

Download or read book Evidence in Contemporary Civil Procedure written by C. H. van Rhee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]