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Analysis Of Evidence

Author: Terence Anderson
Publisher: Cambridge University Press
ISBN: 9781139445269
Size: 16.49 MB
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This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Analysis Of Evidence Law In Context

Author: Terence Anderson
Publisher:
ISBN:
Size: 37.54 MB
Format: PDF, ePub
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This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investiga.

Rethinking Evidence

Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139453211
Size: 36.87 MB
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The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Foundations Of Evidence Law

Author: Alex Stein
Publisher: Oxford University Press on Demand
ISBN: 9780198257363
Size: 34.89 MB
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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.

Evaluating Scientific Evidence

Author: Erica Beecher-Monas
Publisher: Cambridge University Press
ISBN: 9780521676557
Size: 76.64 MB
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This book examines scientific evidence in both civil and criminal contexts.

Evidence Matters

Author: Susan Haack
Publisher: Cambridge University Press
ISBN: 1107039967
Size: 58.28 MB
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Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Animal Law

Author: Kathy Hessler
Publisher:
ISBN: 9781611630923
Size: 28.41 MB
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This book offers animal law cases as a new lens through which law professors and students may explore core legal concepts across a broad range of courses, including contracts, criminal law, torts, property, constitutional law, commercial law, wills and trusts, domestic relations, environmental law, evidence, patent and tax law. This book helps law professors easily add a new perspective to cases they may already teach, and to incorporate new applications of legal concepts with the addition of animal law cases and conversation.

The Evidence Act 2006

Author: Richard Mahoney
Publisher:
ISBN: 9780864726063
Size: 13.90 MB
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This book contains a section-by-section analysis of the Act, and allows for quick and easy reference to discussion on the new evidence regime and recent case law, as well as comparative analysis of the previous laws of evidence. In addition, the text includes the Evidence Regulations 2007 and incorporates amendments by the Evidence Amendment Act 2007. Written by a team of respected New Zealand academics the text provides expert analysis not otherwise available in any existing New Zealand legal book.

Bitemark Evidence

Author: Robert B.J. Dorion
Publisher: CRC Press
ISBN: 9781439818633
Size: 75.72 MB
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The first stand-alone textbook on the subject, this illuminating reference compiles the expertise and recommendations of a team of 21 eminent specialists from the disciplines of forensic odontology, DNA analysis, pathology, and jurisprudence. It is generously illustrated with more than 543 black and white photographs and 32 full-color pages that serve to illustrate the many facets of bitemark recognition, diagnosis, handling, excision, lifting, transillumination, storage, preservation, transportation, analysis, and comparison. Thirty comprehensive chapters illustrate animal and human bitemarks on the living, the deceased, and on objects-incorporating sections on the history of bitemark evidence, salivary DNA, genotypic comparison of oral bacteria, legal and courtroom implications, and expert witness liability.