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Discharging A Burden
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Book Synopsis Burden of Proof and Related Issues by : Mojtaba Kazazi
Download or read book Burden of Proof and Related Issues written by Mojtaba Kazazi and published by BRILL. This book was released on 2023-07-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.
Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Book Synopsis Roberts & Zuckerman's Criminal Evidence by : Paul Roberts
Download or read book Roberts & Zuckerman's Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2022-08-04 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Author : Publisher :Oxford University Press ISBN 13 :0198921667 Total Pages :225 pages Book Rating :4.1/5 (989 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Moral Universe by : John Bengson
Download or read book The Moral Universe written by John Bengson and published by Oxford University Press. This book was released on 2024-05-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Moral Universe explores central questions in metaethics concerning the nature of moral reality, its fundamental laws, its relation to the natural world, and its normative authority. It employs a novel philosophical method to offer the most sustained and sophisticated development of nonnatural moral realism to date. The authors advance new ways of answering these questions, contending that moral standards regarding what to do and how to be are not only objectively authoritative, but essentially so. Rather than arising from personal schemes or collective ideals, morality flows from the nature of things. One of the principal aims of the book is to show how this view accommodates and explains a wide range of data concerning the metaphysical and normative dimensions of morality. Along the way, the book offers novel characterizations of moral realism and nonnaturalism, defends and explains the existence of substantive moral conceptual truths, supplies a new treatment of moral supervenience, substantiates the categoricity and importance of moral reasons, and presents a strategy for identifying the source of morality. Exemplifying a commitment to the integrity of moral philosophy, The Moral Universe also tackles fundamental issues in value theory and normative ethics in the service of developing a systematic, explanatorily potent version of nonnaturalist realism.
Book Synopsis Conveyancing Practice in Scotland by : Ann Stewart
Download or read book Conveyancing Practice in Scotland written by Ann Stewart and published by Bloomsbury Publishing. This book was released on 2020-03-04 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the many changes to property law and conveyancing practice driven by the Scottish Parliament in recent years, including its land reform agenda, Conveyancing Practice in Scotland, Eighth Edition is an indispensable guide for residential and commercial property lawyers at all levels. Encompassing both commercial and residential conveyancing, the Eighth Edition of this highly regarded text, has been reviewed and updated throughout to take account of: - evolving and settled practice under the Land Registration etc (Scotland) Act 2012 - the practical effects of the community rights to buy - introduction of the Additional Dwelling Supplement on Land and Buildings Transaction Tax - prospective effects of the proposed Register of Controlled Interests in Land - the Scottish Law Commission proposals for changes to the law relating to title conditions, and heritable securities In addition to the property law aspects, this text also covers the practical and ethical considerations of acting in a conveyancing transaction, such as anti-money laundering procedures and conflicts of interest. Standard missive clauses are examined in detail with reference to their application in practice. Written by practising lawyers with many years of transactional and mentoring experience, this book is the only practical guide to managing conveyancing transactions in Scotland.
Book Synopsis Defendant Participation in the Criminal Process by : Abenaa Owusu- Bempah
Download or read book Defendant Participation in the Criminal Process written by Abenaa Owusu- Bempah and published by Routledge. This book was released on 2016-10-04 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
Book Synopsis Decennial Edition of the American Digest by :
Download or read book Decennial Edition of the American Digest written by and published by . This book was released on 1928 with total page 1576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Digest and Index of Decisions by : United States. National Labor Relations Board
Download or read book Digest and Index of Decisions written by United States. National Labor Relations Board and published by . This book was released on 1967 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Incidence and Economic Burden of Injuries in the United States by : Eric A. Finkelstein
Download or read book Incidence and Economic Burden of Injuries in the United States written by Eric A. Finkelstein and published by Oxford University Press. This book was released on 2006-04-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Injuries are one of the most serious public health problems facing the United States today. Through premature death, disability, medical cost and lost productivity, injuries impact the health and welfare of all Americans. Deaths only begin to tell the story. Although many injuries are minor, a large proportion result in fractures, amputations, burns, or other significant injuries that have far-reaching consequences. Now, for the first time in over 15 years, we have comprehensive estimates of the impact of these injuries in economic terms. This book updates a landmark Report to Congress from 1989. Since the report, no undertaking has addressed the incidence and economic burden of injuries with more timely data, despite major changes in the fields of prevention, reporting, and surveillance. Since the mid-eighties, new safety technologies have been developed to prevent injuries or to decrease the severity of injuries, and new policies and laws have been enacted to promote injury prevention. Chapter topics include incidence by detailed categorizations, lifetime medical costs and productivity losses as a result of injuries, and a discussion of recent trends. Lavishly illustrated with tables and graphs, this volume is a valuable reference for public health practitioners, researchers, and students alike.
Author :United States. Congress. House. Committee on Government Reform. Subcommittee on Regulatory Affairs Publisher : ISBN 13 : Total Pages :208 pages Book Rating :4.:/5 (327 download)
Book Synopsis Reducing the Paperwork Burden on the Public by : United States. Congress. House. Committee on Government Reform. Subcommittee on Regulatory Affairs
Download or read book Reducing the Paperwork Burden on the Public written by United States. Congress. House. Committee on Government Reform. Subcommittee on Regulatory Affairs and published by . This book was released on 2005 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Manual of Federal Evidence by : John Elliott Byrne
Download or read book A Manual of Federal Evidence written by John Elliott Byrne and published by . This book was released on 1928 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Dictionary of the English Language by : Joseph Emerson Worcester
Download or read book A Dictionary of the English Language written by Joseph Emerson Worcester and published by . This book was released on 1860 with total page 1874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Classified Index of National Labor Relations Board Decisions and Related Court Decisions by :
Download or read book Classified Index of National Labor Relations Board Decisions and Related Court Decisions written by and published by . This book was released on 2005 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Classification Outline with Topical Index for Decisions of the National Labor Relations Board and Related Court Decisions by : United States. National Labor Relations Board
Download or read book Classification Outline with Topical Index for Decisions of the National Labor Relations Board and Related Court Decisions written by United States. National Labor Relations Board and published by . This book was released on 1982 with total page 1306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Select Committee on Small Business. Subcommittee on Government Regulation Publisher : ISBN 13 : Total Pages :1458 pages Book Rating :4.:/5 (319 download)
Book Synopsis The Federal Paperwork Burden by : United States. Congress. Senate. Select Committee on Small Business. Subcommittee on Government Regulation
Download or read book The Federal Paperwork Burden written by United States. Congress. Senate. Select Committee on Small Business. Subcommittee on Government Regulation and published by . This book was released on 1972 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Small Business. Subcommittee on Government Regulation Publisher : ISBN 13 : Total Pages :200 pages Book Rating :4.:/5 (31 download)
Book Synopsis The Federal Paperwork Burden by : United States. Congress. Senate. Committee on Small Business. Subcommittee on Government Regulation
Download or read book The Federal Paperwork Burden written by United States. Congress. Senate. Committee on Small Business. Subcommittee on Government Regulation and published by . This book was released on 1972 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: