Evidence Of The Law

Author : Kevin Patrick McGuinness,Linda S. Abrams
Publisher : Unknown
Page : 2280 pages
File Size : 41,5 Mb
Release : 2011
Category : Evidence (Law)
ISBN : 0433461292

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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.

Author : Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst
Publisher : Unknown
Page : 1413 pages
File Size : 48,6 Mb
Release : 2009
Category : Evidence (Law)
ISBN : 0433456787

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The Law of Evidence in Canada by Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst Pdf

Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade.

Author : Michael J. Saks,Barbara A. Spellman
Publisher : NYU Press
Page : 339 pages
File Size : 48,6 Mb
Release : 2016-01-22
Category : Law
ISBN : 9780814783870

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The Psychological Foundations of Evidence Law by Michael J. Saks,Barbara A. Spellman Pdf

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.

Author : I. H. Dennis
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2010
Category : Evidence (Law)
ISBN : 1847038565

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The Law of Evidence by I. H. Dennis Pdf

Analysing the law of evidence, this book includes essential doctrinal analysis. It takes an account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects. It reviews changes to the law, brought about by the Criminal Justice Act 2003.

Author : Gary Lawson
Publisher : University of Chicago Press
Page : 259 pages
File Size : 52,8 Mb
Release : 2017-02-21
Category : Law
ISBN : 9780226432052

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Evidence of the Law by Gary Lawson Pdf

"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.

Author : David Paciocco,Palma Paciocco,Lee Stuesser
Publisher : Unknown
Page : 682 pages
File Size : 41,8 Mb
Release : 2020-08-28
Category : Evidence (Law)
ISBN : 1552215415

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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.

Author : Steven I. Friedland,Paul Bergman,Andrew E. Taslitz
Publisher : Unknown
Page : 944 pages
File Size : 45,9 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063671395

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Evidence Law and Practice by Steven I. Friedland,Paul Bergman,Andrew E. Taslitz Pdf

Author : Daniel M. Scanlan
Publisher : Unknown
Page : 328 pages
File Size : 54,6 Mb
Release : 2011
Category : Criminal procedure
ISBN : 0888045026

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Digital Evidence in Criminal Law by Daniel M. Scanlan Pdf

"This title addresses the legal issues relating to digital evidence collected during the course of a criminal investigation and its subsequent use at trial. It surveys key technologies (cookies, web-cases, recovery methods) and explains them in a simple, easy to understand fashion.

Author : David M. Paciocco,Lee Stuesser
Publisher : Unknown
Page : 611 pages
File Size : 46,6 Mb
Release : 2008
Category : Evidence (Law)
ISBN : 1552211541

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The Law of Evidence by David M. Paciocco,Lee Stuesser Pdf

Paciocco and Stuesser s "Law of Evidence," now in its 5th edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new fifth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. It also chronicles significant changes in the law of self-incrimination and hearsay, as well as providing a concise and organized guide for dealing with section 24(2) exclusionary applications in the "Grant" era.

Author : Alex Stein
Publisher : Oxford University Press on Demand
Page : 248 pages
File Size : 41,5 Mb
Release : 2005
Category : Law
ISBN : 0198257368

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Foundations of Evidence Law by Alex Stein Pdf

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.

Author : Yvonne Daly,Jeremy Gans,PJ Schwikkard
Publisher : Routledge
Page : 236 pages
File Size : 42,6 Mb
Release : 2020-07-21
Category : Education
ISBN : 9781000090949

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Teaching Evidence Law by Yvonne Daly,Jeremy Gans,PJ Schwikkard Pdf

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge’s series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.

Author : Roger Park,David P. Leonard,Steven H. Goldberg
Publisher : West Academic Publishing
Page : 782 pages
File Size : 49,9 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063890227

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Evidence Law by Roger Park,David P. Leonard,Steven H. Goldberg Pdf

Written from an advocate's perspective, this guide introduces how the courtroom operates and offers a glimpse into the environment that influences these rulings. Major cases and doctrines are discussed. Examples are given to develop a feel for the context in which a particular evidence problem might arise-and for the language lawyers and judges use to resolve it. Also explores the rationale and purpose behind each rule.

Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer Nature
Page : 274 pages
File Size : 55,5 Mb
Release : 2022-01-03
Category : Law
ISBN : 9783030838416

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Theory of Legal Evidence - Evidence in Legal Theory by Verena Klappstein,Maciej Dybowski Pdf

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Author : James Fitzjames Stephen
Publisher : Unknown
Page : 258 pages
File Size : 41,6 Mb
Release : 1876
Category : Burden of proof
ISBN : STANFORD:36105044106396

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A Digest of the Law of Evidence by James Fitzjames Stephen Pdf

Author : David Watt
Publisher : Unknown
Page : 1282 pages
File Size : 55,8 Mb
Release : 2017
Category : Evidence, Criminal
ISBN : 0779879309

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Watt's Manual of Criminal Evidence, 2017 by David Watt Pdf