Evidence And The Litigation Process

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Evidence And The Litigation Process

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Author : Jeffrey Pinsler
language : en
Publisher:
Release Date : 2015

Evidence And The Litigation Process written by Jeffrey Pinsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Evidence (Law) categories.

The Psychological Foundations Of Evidence Law

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Author : Michael J. Saks
language : en
Publisher: NYU Press
Release Date : 2016-01-22

The Psychological Foundations Of Evidence Law written by Michael J. Saks and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-22 with Law categories.

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.

Strengthening Forensic Science In The United States

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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2009-07-29

Strengthening Forensic Science In The United States written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-29 with Law categories.

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Electronic Technology And Civil Procedure

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Author : Miklós Kengyel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-06-26

Electronic Technology And Civil Procedure written by Miklós Kengyel and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-26 with Law categories.

The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.

Procedure And Evidence In International Arbitration

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Author : Jeffrey Waincymer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-05-23

Procedure And Evidence In International Arbitration written by Jeffrey Waincymer and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-23 with Law categories.

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Evidence And The Litigation Process

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Author : Jeffrey Pinsler
language : en
Publisher:
Release Date : 2013

Evidence And The Litigation Process written by Jeffrey Pinsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Evidence (Law) categories.

A Civil Litigation Practice Manual

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Author : Hugh Zillman
language : en
Publisher:
Release Date : 2018-11-07

A Civil Litigation Practice Manual written by Hugh Zillman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-07 with categories.

In this new text, A Civil Litigation Practice Manual, the author, Assistant Professor Hugh Zillmann, the Director of Bond University's Practical Legal Training Program, draws upon his extensive experience as both a legal practitioner and legal academic, to provide a user-friendly introduction to and explanation of the practical aspects of the civil litigation process. The manual is concisely formatted and presented in a narrative style, which tracks the stages of civil litigation, highlighting important procedural aspects of the process, as well as providing useful practical tips. The text is designed and structured to provide a link for the latter year law student/newly admitted practitioner, to enable them to understand the practical aspects of what they have learned during their degree studies and be in a position to apply that knowledge, both during practical legal training, as well as legal practice.

Model Rules Of Professional Conduct

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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007

Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

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.

Advocacy And The Litigation Process In Hong Kong

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Author : Michael Wilkinson
language : en
Publisher: Lexis Pub
Release Date : 1991-01-01

Advocacy And The Litigation Process In Hong Kong written by Michael Wilkinson and has been published by Lexis Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with Law categories.

The Trial

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Author : Jill Hunter
language : en
Publisher:
Release Date : 2015

The Trial written by Jill Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal procedure categories.

Brett Whiteley (Australia; England, b.1939, d.1992)Hyena: no. 6 from the series My relationship between screen printing and Regents Park Zoo between June and August 1965 (detail)(1965)two-colour screenprint, printed on paper, 76.1 x 60 cmArt Gallery of New South WalesPurchased 1965Photo: AGNSW© Wendy Whiteley______________________________________Written by leading evidence law scholars, combined with practitioner contribution, The Trial examines procedural and evidentiary law under the uniform Evidence Acts. This is a book for evidence law students, scholars and for practising lawyers.The Trial challenges mainstream approaches to teaching evidence law by:contextualising the trial within key pre-trial processes, including police questioning, disclosure obligations and pleadings;connecting law reform, lawyers' roles and their ethical obligations to promote justice in a broad rather than a narrow, anodyne or legalistic fashion;acknowledging 21st century lawyers' need for literacy across human rights fair trial norms and their common law equivalents; andits interdisciplinary emphasis.The Trial focuses its study on the important functions of adversarialism and the oral tradition, as well as the consequential price exacted through diminishing access to justice for the vulnerable, particularly those with mental illness or cognitive impairment, children and sexual assault complainant witnesses. Regarding Indigenous Australians, The Trial also shows how such challenges compound the pre-existing harshness of criminal justice processes. In Australia, no comprehensive evidence book presents doctrinal analysis so comprehensively within a humanising context.The Trial places the criminal jury trial centre-stage. This is where the law of evidence and procedure is commonly hotly contested, where major defining evidentiary case law arises and where the cut and thrust of advocacy, crucially shaping the trial, are classically on show. It is also where rapid change has an impact on expertise and, through law reform, creates pressures on fundamental accusatorial principles in an increasingly complex justice environment.