Burdens Of Proof

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The Burdens of Proof

Author : Dale A. Nance
Publisher : Cambridge University Press
ISBN 13 : 1316539032
Total Pages : 345 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Burdens of Proof by : Dale A. Nance

Download or read book The Burdens of Proof written by Dale A. Nance and published by Cambridge University Press. This book was released on 2016-03-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

The Burden of Proof

Author : Philip M. Halpern
Publisher :
ISBN 13 : 9781641056700
Total Pages : pages
Book Rating : 4.0/5 (567 download)

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Book Synopsis The Burden of Proof by : Philip M. Halpern

Download or read book The Burden of Proof written by Philip M. Halpern and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--

Burden of Proof, Presumption and Argumentation

Author : Douglas Walton
Publisher : Cambridge University Press
ISBN 13 : 1107046629
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Burden of Proof, Presumption and Argumentation by : Douglas Walton

Download or read book Burden of Proof, Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

Evidence of the Law

Author : Gary Lawson
Publisher : University of Chicago Press
ISBN 13 : 022643205X
Total Pages : 259 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Evidence of the Law by : Gary Lawson

Download or read book Evidence of the Law written by Gary Lawson and published by University of Chicago Press. This book was released on 2017-02-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.

Presumptions and Burdens of Proof

Author : Hans Vilhelm Hansen
Publisher : University Alabama Press
ISBN 13 : 0817320172
Total Pages : 316 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Presumptions and Burdens of Proof by : Hans Vilhelm Hansen

Download or read book Presumptions and Burdens of Proof written by Hans Vilhelm Hansen and published by University Alabama Press. This book was released on 2019-05-28 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection’s first half contains historical sources and begins with excerpts from Aristotle’s Topics and goes on to include the locus classicus chapter from Bishop Whately’s crucial Elements of Rhetoric as well as later reactions to Whately’s views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.

Illinois Pattern Jury Instructions (IPI), Civil

Author :
Publisher :
ISBN 13 : 9780314938602
Total Pages : 916 pages
Book Rating : 4.9/5 (386 download)

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Book Synopsis Illinois Pattern Jury Instructions (IPI), Civil by :

Download or read book Illinois Pattern Jury Instructions (IPI), Civil written by and published by . This book was released on 2011 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Burdens of Proof in Modern Discourse

Author : Richard H. Gaskins
Publisher : Yale University Press
ISBN 13 : 9780300063066
Total Pages : 390 pages
Book Rating : 4.0/5 (63 download)

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Book Synopsis Burdens of Proof in Modern Discourse by : Richard H. Gaskins

Download or read book Burdens of Proof in Modern Discourse written by Richard H. Gaskins and published by Yale University Press. This book was released on 1995-02-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings

Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004463135
Total Pages : 520 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings by : Torsten Stirner

Download or read book The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings written by Torsten Stirner and published by Martinus Nijhoff Publishers. This book was released on 2021-07-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Burdens of Proof

Author : Susanna Egan
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1554583500
Total Pages : 317 pages
Book Rating : 4.5/5 (545 download)

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Book Synopsis Burdens of Proof by : Susanna Egan

Download or read book Burdens of Proof written by Susanna Egan and published by Wilfrid Laurier Univ. Press. This book was released on 2011-04-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autobiographical impostures, once they come to light, appear to us as outrageous, scandalous. They confuse lived and textual identity (the person in the world and the character in the text) and call into question what we believe, what we doubt, and how we receive information. In the process, they tell us a lot about cultural norms and anxieties. Burdens of Proof: Faith, Doubt, and Identity in Autobiography examines a broad range of impostures in the United States, Canada, and Europe, and asks about each one: Why this particular imposture? Why here and now? Susanna Egan’s historical survey of texts from early Christendom to the nineteenth century provides an understanding of the author in relation to the text and shows how plagiarism and other false claims have not always been regarded as the frauds we consider them today. She then explores the role of the media in the creation of much contemporary imposture, examining in particular the cases of Jumana Hanna, Norma Khouri, and James Frey. The book also addresses ethnic imposture, deliberate fictions, plagiarism, and ghostwriting, all of which raise moral, legal, historical, and cultural issues. Egan concludes the volume with an examination of how historiography and law failed to support the identities of European Jews during World War II, creating sufficient instability in Jewish identity and doubt about Jewish wartime experience that the impostor could step in. This textual erasure of the Jews of Europe and the refashioning of their experiences in fraudulent texts are examples of imposture as an outcrop of extreme identity crisis. The first to examine these issues in North America and Europe, Burdens of Proof will be of interest to scholars of life writing and cultural studies.

The Burden of Proof

Author : Philip M. Halpern
Publisher :
ISBN 13 : 9781641056694
Total Pages : 0 pages
Book Rating : 4.0/5 (566 download)

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Book Synopsis The Burden of Proof by : Philip M. Halpern

Download or read book The Burden of Proof written by Philip M. Halpern and published by . This book was released on 2021-02-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book's mission is to demystify the theory and workings of the burden of proof in civil trials"--

Legal Evidence and Proof

Author : Henry Prakken
Publisher : Routledge
ISBN 13 : 1317106296
Total Pages : 481 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Evidence and Proof by : Henry Prakken

Download or read book Legal Evidence and Proof written by Henry Prakken and published by Routledge. This book was released on 2016-04-22 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Criminal Law: Text, Cases, and Materials

Author : Jonathan Herring
Publisher : Oxford University Press, USA
ISBN 13 : 0199646252
Total Pages : 1000 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Criminal Law: Text, Cases, and Materials by : Jonathan Herring

Download or read book Criminal Law: Text, Cases, and Materials written by Jonathan Herring and published by Oxford University Press, USA. This book was released on 2012-04-19 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references index.

Evidence

Author : Andrew L.-T. Choo
Publisher : Oxford University Press
ISBN 13 : 0198806841
Total Pages : 457 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Evidence by : Andrew L.-T. Choo

Download or read book Evidence written by Andrew L.-T. Choo and published by Oxford University Press. This book was released on 2018 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

Math on Trial

Author : Leila Schneps
Publisher : Basic Books
ISBN 13 : 0465037941
Total Pages : 274 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Math on Trial by : Leila Schneps

Download or read book Math on Trial written by Leila Schneps and published by Basic Books. This book was released on 2013-03-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wrong hands, math can be deadly. Even the simplest numbers can become powerful forces when manipulated by politicians or the media, but in the case of the law, your liberty -- and your life -- can depend on the right calculation. In Math on Trial, mathematicians Leila Schneps and Coralie Colmez describe ten trials spanning from the nineteenth century to today, in which mathematical arguments were used -- and disastrously misused -- as evidence. They tell the stories of Sally Clark, who was accused of murdering her children by a doctor with a faulty sense of calculation; of nineteenth-century tycoon Hetty Green, whose dispute over her aunt's will became a signal case in the forensic use of mathematics; and of the case of Amanda Knox, in which a judge's misunderstanding of probability led him to discount critical evidence -- which might have kept her in jail. Offering a fresh angle on cases from the nineteenth-century Dreyfus affair to the murder trial of Dutch nurse Lucia de Berk, Schneps and Colmez show how the improper application of mathematical concepts can mean the difference between walking free and life in prison. A colorful narrative of mathematical abuse, Math on Trial blends courtroom drama, history, and math to show that legal expertise isn't't always enough to prove a person innocent.

Evidence in International Investment Arbitration

Author : Frédéric Gilles Sourgens
Publisher : Oxford University Press, USA
ISBN 13 : 9780198753506
Total Pages : 325 pages
Book Rating : 4.7/5 (535 download)

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Book Synopsis Evidence in International Investment Arbitration by : Frédéric Gilles Sourgens

Download or read book Evidence in International Investment Arbitration written by Frédéric Gilles Sourgens and published by Oxford University Press, USA. This book was released on 2018 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.

Allowing for Exceptions

Author : Luís Duarte d'Almeida
Publisher : Oxford University Press (UK)
ISBN 13 : 0199685789
Total Pages : 321 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida

Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford University Press (UK). This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.