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Foundations Of Evidence Law
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Book Synopsis The Psychological Foundations of Evidence Law by : Michael J. Saks
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: 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 Synopsis Foundations of Evidence Law by : Alex Stein
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 Synopsis Philosophical Foundations of Evidence Law by : Christian Dahlman
Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Evidentiary Foundations by : Liz Heffernan
Download or read book Evidentiary Foundations written by Liz Heffernan and published by Bloomsbury Professional. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence.
Book Synopsis Foundations of Evidence Law by : Alex Stein
Download or read book Foundations of Evidence Law written by Alex Stein and published by . This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Foundation Evidence, Questions and Courtroom Protocols by : Edward M. Davidowitz
Download or read book Foundation Evidence, Questions and Courtroom Protocols written by Edward M. Davidowitz and published by New York State Bar Assn. This book was released on 2005 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Minds, Brains, and Law by : Michael S. Pardo
Download or read book Minds, Brains, and Law written by Michael S. Pardo and published by Oxford University Press. This book was released on 2013-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
Book Synopsis New York Evidentiary Foundations by : Randolph N. Jonakait
Download or read book New York Evidentiary Foundations written by Randolph N. Jonakait and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Psychological Foundations of Evidence Law by : Michael J Saks
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 277 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 Synopsis Evidentiary Foundations by : Edward J. Imwinkelried
Download or read book Evidentiary Foundations written by Edward J. Imwinkelried and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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:
Book Synopsis Philosophical Foundations of Law and Neuroscience by : Dennis Michael Patterson
Download or read book Philosophical Foundations of Law and Neuroscience written by Dennis Michael Patterson and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
Book Synopsis Foundations of Criminal Law by : Leo Katz
Download or read book Foundations of Criminal Law written by Leo Katz and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Criminal Law is a collection of readings, including expert commentary. Addresses theory and evidence of the crime problem, as well as crime itself and its punishment. Discusses the principle of liability, including accomplice, attempt, and conspiracy liability. Also explores justification and excuse, and sentencing theory and practice.
Book Synopsis Texas Evidentiary Foundations by : David A. Schlueter
Download or read book Texas Evidentiary Foundations written by David A. Schlueter and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by Philosophical Foundations of L. This book was released on 2013-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Book Synopsis Evidence Law by : Leonard M. Niehoff
Download or read book Evidence Law written by Leonard M. Niehoff and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Book Synopsis California Evidentiary Foundations by : Edward J. Imwinkelried
Download or read book California Evidentiary Foundations written by Edward J. Imwinkelried and published by Michie. This book was released on 1994 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Imwinkeleried, Wydick & Hogan take the abstract principles of evidence & organize them into concise statements & illustrate their uses with sample transcripts of the elements being applied in the courtroom.
Book Synopsis Missouri Evidentiary Foundations - 3rd Edition by : John C. O’Brien
Download or read book Missouri Evidentiary Foundations - 3rd Edition written by John C. O’Brien and published by Juris Publishing, Inc.. This book was released on 2012-07-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
