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Civil Evidence for Practitioners by Peter R. Hibbert,Joseph M. Jacob Pdf
Civil Evidence for Practitioners is a practical, hands-on textbook on civil evidence. It clearly explains the evidential issues that apply at each stage of a civil litigation action and offers best practice advice on the steps that should be taken and what actions should be avoided. The book now has a major new chapter on e-disclosure, dealing with the project management of the disclosure of electronically stored information, including identification of sources of digital evidence, preservation, collection and review of data, together with templates for the preparation of cost estimates for the e-disclosure process. There is also a brand new chapter on offensive and defensive strategies in the context of disclosure applications. This chapter examines the tactics for making and resisting pre-action and interim applications for disclosure to maximum advantage.
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Civil Evidence for Practitioners by Joseph Jacob,Peter R. Hibbert Pdf
This work covers the evidential issues that apply to each stage of an action, following the logic of the action itself. It takes the litigator through the process of preparing the case from the initial instructions through to pleadings and discovery, via negotiations and interlocutory applications.
The Practitioner's Evidence Law Sourcebook by Kevin Patrick McGuinness,Linda S. Abrams Pdf
"This practice-oriented sourcebook, authored by a seasoned lawyer with the Ontario Ministry of the Attorney General and a Master of the Ontario Superior Court of Justice, contains a comprehensive digest of Canadian evidence law. The book covers the law of evidence as applied in both civil and criminal proceedings, and captures general evidentiary principles contained in thousands of selected excerpts from case law and statutes, supplemented with authoritative commentary. By providing the key passages of actual cases and statutes (as opposed to a discussion of theory), this book serves as a practical research tool for students, litigators and adjudicators alike, well suited to the preparation of an opinion, argument or factum."--pub. desc.
Documentary Evidence by Christopher Style,Charles Hollander Pdf
This text provides practitioners with guidance on the law and practice in this fast-changing and dynamic area of civil litigation. It reviews the means available in civil litigation in the High Court for the collection and use of documentary evidence, the obligation to disclose documents and the protection of documents from use by the other side.
Dimensions of Evidence in European Civil Procedure by Vesna Rijavec,Tomaž Keresteš Pdf
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Author : Margaret M. Koesel,Tracey L. Turnbull Publisher : American Bar Association Page : 372 pages File Size : 54,7 Mb Release : 2006 Category : Law ISBN : 1590316223
Spoliation of Evidence by Margaret M. Koesel,Tracey L. Turnbull Pdf
This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.
A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions by John Frederick Archbold Pdf
This legal guide is a valuable resource for law students and legal practitioners alike. The author provides expert advice on pleading and evidence in civil actions. The guide is comprehensive and easy to read, making it an essential reference tool for those working in the field of civil law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
'Expert Privilege' in Civil Evidence by Paul England Pdf
Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice. This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book. This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law.
'Murphy on Evidence' bridges the gap between the academic and practical treatment of the law of evidence. Written by an author with many years of experience in both practice and teaching, this book contains a comprehensive academic analysis of the law and a wealth of information on how the law is applied.
Using Evidence in Policy and Practice by Ian Goldman,Mine Pabari Pdf
This book asks how governments in Africa can use evidence to improve their policies and programmes, and ultimately, to achieve positive change for their citizens. Looking at different evidence sources across a range of contexts, the book brings policy makers and researchers together to uncover what does and doesn’t work and why. Case studies are drawn from five countries and the ECOWAS (west African) region, and a range of sectors from education, wildlife, sanitation, through to government procurement processes. The book is supported by a range of policy briefs and videos intended to be both practical and critically rigorous. It uses evidence sources such as evaluations, research synthesis and citizen engagement to show how these cases succeeded in informing policy and practice. The voices of policy makers are key to the book, ensuring that the examples deployed are useful to practitioners and researchers alike. This innovative book will be perfect for policy makers, practitioners in government and civil society, and researchers and academics with an interest in how evidence can be used to support policy making in Africa. The Open Access version of this book, available at https://doi.org/10.4324/9781003007043, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
The Law of Evidence, 8/e by David Paciocco,Palma Paciocco,Lee Stuesser Pdf
This book, by David M. Paciocco and Lee Stuesser, is Canada's leading text in evidentiary law in criminal and civil cases. For nearly two decades, it has been relied upon by judges, practitioners, and scholars. In the newest edition of this book, the authors continue their practice of explaining and illustrating the law of evidence.
