Foundations Of Evidence Law

Author : Christian Dahlman,Alex Stein,Giovanni Tuzet
Publisher : Oxford University Press
Page : 433 pages
File Size : 41,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9780192603098

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Philosophical Foundations of Evidence Law by Christian Dahlman,Alex Stein,Giovanni Tuzet Pdf

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.

Author : Alex Stein
Publisher : Unknown
Page : 248 pages
File Size : 50,5 Mb
Release : 2005
Category : Evidence (Law)
ISBN : OCLC:1132177067

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Foundations of Evidence Law by Alex Stein Pdf

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.

Author : Michael J. Saks,Barbara A. Spellman
Publisher : NYU Press
Page : 339 pages
File Size : 49,5 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 : Alex Stein
Publisher : Oxford University Press on Demand
Page : 248 pages
File Size : 50,7 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 : Leonard M. Niehoff
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2016
Category : Evidence (Law)
ISBN : 1634602986

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Evidence Law by Leonard M. Niehoff Pdf

Softbound - New, softbound print book.

Author : Michael J Saks,Barbara A Spellman
Publisher : NYU Press
Page : 277 pages
File Size : 51,5 Mb
Release : 2016-01-22
Category : Law
ISBN : 9780814783887

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

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.

Author : Liz Heffernan,Edward J. Imwinkelried,Ray Ryan
Publisher : Bloomsbury Professional
Page : 0 pages
File Size : 50,9 Mb
Release : 2008
Category : Evidence (Law)
ISBN : 1845927877

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Evidentiary Foundations by Liz Heffernan,Edward J. Imwinkelried,Ray Ryan Pdf

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.

Author : Edward J. Imwinkelried
Publisher : Lexis Law Publishing (Va)
Page : 442 pages
File Size : 50,7 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105062297234

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Evidentiary Foundations by Edward J. Imwinkelried Pdf

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:

Author : Christian Dahlman
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,9 Mb
Release : 2021
Category : Law
ISBN : 9780198859307

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Philosophical Foundations of Evidence Law by Christian Dahlman Pdf

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.

Author : Michael J. Saks,Barbara A. Spellman
Publisher : NYU Press
Page : 339 pages
File Size : 47,7 Mb
Release : 2016-01-22
Category : Law
ISBN : 9781479880041

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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 : RONALD L. CARLSON
Publisher : West Academic Publishing
Page : 330 pages
File Size : 53,7 Mb
Release : 2019-07-25
Category : Electronic
ISBN : 1640209441

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Foundations for Evidence and Trial Practice by RONALD L. CARLSON Pdf

It is vital that every evidence or trial practice student, professor or litigator know how to introduce a business record, lay a foundation for expert testimony, or cross-examine a witness about his or her bias. This text cuts through the complexities of evidence and trial law to supply straight-forward advice on ways to get this done. Important techniques for advancing a lawyer's trial proof are abundantly displayed in this book. The successful attorney is a master at laying effective foundations. This text shows how to get this done. For students in clinical programs, trial practice classes or the course in evidence law, this text is a legal treasure. Fresh authorities and recent cases are critical to students and practitioners alike. The text is loaded with contemporary decisions illustrating fundamental elements of evidence law. For advocates, the book is a life-saver. Whether in law school classes, mock trials or a real courtroom, this book provides a lightning-fast path to success. It provides a truly unique guide to the subject of authenticating trial proof, from the topic of party admissions to and through the hearsay declarations of a will testator. It fills the need for a nuts-and-bolts collection of foundation proofs from A to Z.

Author : Edward M. Davidowitz,Robert Dreher
Publisher : New York State Bar Assn
Page : 165 pages
File Size : 51,7 Mb
Release : 2005
Category : Law
ISBN : 1579691676

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Foundation Evidence, Questions and Courtroom Protocols by Edward M. Davidowitz,Robert Dreher Pdf

Author : Leo Katz,Michael S. Moore,Stephen J. Morse
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 1999
Category : Criminal law
ISBN : 1566629942

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Foundations of Criminal Law by Leo Katz,Michael S. Moore,Stephen J. Morse Pdf

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.

Author : Michael S. Pardo,Dennis Patterson
Publisher : Oxford University Press
Page : 269 pages
File Size : 45,5 Mb
Release : 2013-09
Category : Law
ISBN : 9780199812134

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Minds, Brains, and Law by Michael S. Pardo,Dennis Patterson Pdf

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.

Author : Anonim
Publisher : Jordan Publications Inc
Page : 145 pages
File Size : 48,6 Mb
Release : 2024-06-13
Category : Electronic
ISBN : 9780986619120

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SWAT Defense: Deep Force by Anonim Pdf