Foundations Of Evidence Law
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Philosophical Foundations Of Evidence Law
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Author : Christian Dahlman
language : en
Publisher: Oxford University Press
Release Date : 2021-09-30
Philosophical Foundations Of Evidence Law written by Christian Dahlman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.
Foundations Of Evidence Law
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Author : Alex Stein
language : en
Publisher:
Release Date : 2005
Foundations Of Evidence Law written by Alex Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Evidence (Law) categories.
Alex Stein examines the underlying theory of evidence in Anglo-American legal systems. Combining probability theory epistemology, economic analysis and moral philosophy, he argues that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
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.
Evidence Law
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Author : Leonard M. Niehoff
language : en
Publisher:
Release Date : 2016
Evidence Law written by Leonard M. Niehoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Evidence (Law) categories.
Softbound - New, softbound print book.
Foundations Of Evidence Law
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Author : Alex Stein
language : en
Publisher: Oxford University Press on Demand
Release Date : 2005
Foundations Of Evidence Law written by Alex Stein and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Evidentiary Foundations
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Author : Edward J. Imwinkelried
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1998
Evidentiary Foundations written by Edward J. Imwinkelried and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Ed Imwinkelried's Evidentiary Foundations has sold more than 125,000 copies in its publication life. The revised Fourth Edition contains even more sample foundations & updated annotations. Reorganized to make evidence law even easier to understand, it retains the scope & theme of Imwinkelried's classic reference. This popular book covers all major evidentiary doctrines, providing for each doctrine:
Foundations For Evidence And Trial Practice
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Author : RONALD L. CARLSON
language : en
Publisher: West Academic Publishing
Release Date : 2019-07-25
Foundations For Evidence And Trial Practice written by RONALD L. CARLSON and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with categories.
It is vital that every evidence or trial practice student, professor or litigator know how to introduce a business record, lay a foundation for expert testimony, or cross-examine a witness about his or her bias. This text cuts through the complexities of evidence and trial law to supply straight-forward advice on ways to get this done. Important techniques for advancing a lawyer's trial proof are abundantly displayed in this book. The successful attorney is a master at laying effective foundations. This text shows how to get this done. For students in clinical programs, trial practice classes or the course in evidence law, this text is a legal treasure. Fresh authorities and recent cases are critical to students and practitioners alike. The text is loaded with contemporary decisions illustrating fundamental elements of evidence law. For advocates, the book is a life-saver. Whether in law school classes, mock trials or a real courtroom, this book provides a lightning-fast path to success. It provides a truly unique guide to the subject of authenticating trial proof, from the topic of party admissions to and through the hearsay declarations of a will testator. It fills the need for a nuts-and-bolts collection of foundation proofs from A to Z.
The Modern Law Of Evidence
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Author : Adrian Keane
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-03-30
The Modern Law Of Evidence written by Adrian Keane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-30 with categories.
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
Missouri Evidentiary Foundations
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Author : John C. O'Brien
language : en
Publisher: MICHIE
Release Date : 1994
Missouri Evidentiary Foundations written by John C. O'Brien and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Evidence (Law) categories.
Learn how to address & overcome evidentiary problems in Missouri courtrooms. Missouri Evidentiary Foundations brings Missouri evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. The book includes specific lines of questioning, demonstrating courtroom-proven trial techniques applying Missouri evidence law. Missouri Evidentiary Foundations helps you focus your case by demonstrating how to lay the foundation for the admission of evidence.
Missouri Evidentiary Foundations 3rd Edition
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Author : John C. O’Brien
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-07-01
Missouri Evidentiary Foundations 3rd Edition written by John C. O’Brien and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-01 with Law categories.
Missouri Evidentiary Foundations shows you how to address and overcome evidentiary problems in Missouri courtrooms. Using specific lines of questioning and courtroom-proven techniques that apply Missouri evidentiary law, you’ll learn how to: - Frame foundational questions to gain admission or exclusion of evidence - Control the evidence in civil and criminal cases - Make sure your questions are easily understood - "Walk & Talk" an exhibit into evidence - Use motions in limine, motions to strike, and other motions and objections Completely revised and updated, this edition has new sections including techniques for laying multiple foundations, limiting instructions, handling, marking and introducing exhibits, and the authentication and identification of computer animation and simulation evidence.