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Author : Jeffrey Pinsler
Publisher :
ISBN 13 : 9789814892377
Total Pages : 1183 pages
Book Rating : 4.8/5 (923 download)
Download or read book Evidence and the Litigation Process written by Jeffrey Pinsler and published by . This book was released on 2020 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Walter P. Signorelli
Publisher : Taylor & Francis
ISBN 13 : 1000959236
Total Pages : 396 pages
Book Rating : 4.0/5 (9 download)
Download or read book Criminal Law, Procedure, and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Author : C. H. van Rhee
Publisher :
ISBN 13 : 9781780683386
Total Pages : 0 pages
Book Rating : 4.6/5 (833 download)
Download or read book Evidence in Contemporary Civil Procedure written by C. H. van Rhee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]
Author : Steffen W. Graae
Publisher :
ISBN 13 : 9781663305510
Total Pages : pages
Book Rating : 4.3/5 (55 download)
Download or read book The Law of Evidence in the District of Columbia written by Steffen W. Graae and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 886 pages
Book Rating : 4.F/5 ( download)
Download or read book California Trial Objections written by and published by . This book was released on 2009 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004463135
Total Pages : 520 pages
Book Rating : 4.0/5 (44 download)
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.
Author : J R Spencer
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252932
Total Pages : 506 pages
Book Rating : 4.7/5 (822 download)
Download or read book Hearsay Evidence in Criminal Proceedings written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Author : John Katz
Publisher :
ISBN 13 : 9781988553320
Total Pages : pages
Book Rating : 4.5/5 (533 download)
Download or read book Expert Evidence in Civil Proceedings written by John Katz and published by . This book was released on 2018-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert Evidence in Civil Proceedings is a source work for civil litigators, civil litigation students, members of the judiciary and those who appear as expert witnesses. It offers a subject based analysis of issues arising from expert evidence being called in proceedings with each chapter standing alone as a complete discussion of a topic. The book captures the principles of expert evidence in a unique snapshot of the law with an eye on the avalanche of ongoing case law and developments. The text is a reference, a guide, and a tool for discussion and debate.
Author : Brett Harrison (Lawyer)
Publisher : American Bar Association
ISBN 13 : 9781641055086
Total Pages : 0 pages
Book Rating : 4.0/5 (55 download)
Download or read book Discovery Across the Globe written by Brett Harrison (Lawyer) and published by American Bar Association. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.
Author : Karim A. A. Khan
Publisher :
ISBN 13 : 0199588929
Total Pages : 876 pages
Book Rating : 4.1/5 (995 download)
Download or read book Principles of Evidence in International Criminal Justice written by Karim A. A. Khan and published by . This book was released on 2010 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
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)
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.
Author : Connecticut
Publisher : West Group Publishing
ISBN 13 : 9780314244857
Total Pages : 100 pages
Book Rating : 4.2/5 (448 download)
Download or read book Connecticut Code of Evidence written by Connecticut and published by West Group Publishing. This book was released on 1999 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard S. Jefferson
Publisher :
ISBN 13 :
Total Pages : 422 pages
Book Rating : 4.F/5 ( download)
Download or read book California Evidence Benchbook written by Bernard S. Jefferson and published by . This book was released on 1982 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lawrence A. Dubin
Publisher : LexisNexis
ISBN 13 : 1663318506
Total Pages : 728 pages
Book Rating : 4.6/5 (633 download)
Download or read book Michigan Evidence Courtroom Manual written by Lawrence A. Dubin and published by LexisNexis. This book was released on 2021-06-18 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed specifically for trial use, Michigan Evidence Courtroom Manual's purpose is to provide fast, concise, and authoritative answers to most of the evidentiary questions which arise in the course of trials and hearings, as well as in trial preparation. It accomplishes this through a unique combination of trial-tested features, including: • Rules: The complete rules are collected at the beginning of the book. Individual rules are also at the beginning of the chapter in which the rule is discussed. • Commentary: Perhaps the most important part of this book, the author's Commentary provides a quick overview of the rule under discussion, guidance in interpreting the rule, and helpful pointers for applying the rule in actual practice. In many chapters the Commentary contains special features such as Illustrations, Constitutional Considerations, and Current Trends. • Authority: Following each chapter's Commentary, additional authorities are cited. These give the user a starting point for additional research. • Comparison to Federal Rule: A brief comparison of the Michigan and federal rules in each chapter provides additional insight. • Cases: Recent significant cases are summarized at the end of each chapter. These provide support for argument and decisions required during the course of proceedings.
Author : Robert P. Burns
Publisher : Aspen Publishing
ISBN 13 : 1601565860
Total Pages : 243 pages
Book Rating : 4.6/5 (15 download)
Download or read book Evidence in Context written by Robert P. Burns and published by Aspen Publishing. This book was released on 2017-03-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in Context is designed to create a fully contextual understanding of the law of evidence. It contains two relatively detailed case files, quite similar to the material a trial lawyer may have as he or she approaches trial. The first file is a murder case where the issue is the identity of the killer and the defendant is the estranged husband of the victim. The second file is a civil action for defamation brought by a former employee against her very wealthy employer. The cases raise realistic and challenging issues in the law of evidence and allow for a critical assessment of that law. They are followed by over three hundred problems for class analysis and discussion. These problems address the full range of evidentiary issues.
Author : Oriola Sallavaci
Publisher : Routledge
ISBN 13 : 1317910915
Total Pages : 220 pages
Book Rating : 4.3/5 (179 download)
Download or read book The Impact of Scientific Evidence on the Criminal Trial written by Oriola Sallavaci and published by Routledge. This book was released on 2014-02-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
Author : Paul C. Giannelli
Publisher : LexisNexis/Matthew Bender
ISBN 13 : 9781422470381
Total Pages : 0 pages
Book Rating : 4.4/5 (73 download)
Download or read book Understanding Evidence written by Paul C. Giannelli and published by LexisNexis/Matthew Bender. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the Key Points summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys.Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics:Procedural Framework of TrialRelevancyWitnessesReal and Demonstrative EvidenceWritingsHearsayPrivilegesSubstitutes for EvidenceThis treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.
