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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.
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.
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.
The Law of Evidence in Ireland by Caroline Fennell Pdf
The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.
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 : Michael J. Saks,Barbara A. Spellman Publisher : NYU Press Page : 339 pages File Size : 45,9 Mb Release : 2016-01-22 Category : Law ISBN : 9780814783870
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 : Gary Lawson Publisher : University of Chicago Press Page : 259 pages File Size : 55,5 Mb Release : 2017-02-21 Category : Law ISBN : 9780226432052
"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.
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.
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.
The Law of Evidence by David M. Paciocco,Lee Stuesser Pdf
Paciocco and Stuesser's Law of Evidence, now in its sixth 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 sixth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. Since publication of the fifth edition, the Supreme Court of Canada issued decisions in R. v. Grant and R. v. Harrison which represent a large-scale revision of its section 24(2) jurisprudence. As a result, Chapter 9 of this edition has been thoroughly rewritten in order to fully explore the impact of Grant and Harrison on the discretion to exclude evidence to preserve the fairness of a trial, in the absence of a Charter violation.
A Digest of the Law of Evidence by Sir, James Fitzjames Stephen Pdf
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ... 184 DIGEST OF THE LAW OF EVIDENCE. notes. These are the only Acts which deal with the Law of Evidence as I have denned it. It will be observed that they relate to three subjects only--the competency of witnesses, the proof of certain classes of documents, and certain details in the practice of examining witnesses. These details are provided for twice over, namely, once in 17 & 18 Vict c. 125, ss. 22-27, both inclusive, which concern civil proceedings only; and again in 28 Vict. c. 18, ss. 3-8, which re-enact these provisions in relation to proceedings of every kind. Thus, when the Statute Law upon the subject of Evidence is sifted and put in its proper place as part of the general system, it appears to occupy a very subordinate position in it. The ten statutes above mentioned are the only ones which really form part of the Law of Evidence, and their effect is fully given in twenty1 articles of the Digest, some of which contain other matter besides. INDEX. Abortion, 33. Accomplices, evidence of, 118. "Action," an, definition of, 2. Acts of conspirators, 6; illustrations of, 7., showing intention, good faith, &c., 15; illustration of, 17. Acts of notifications, relevancy of statement in certain, 45. of Parliament, 79. of State, judgments, &c. foreign and colonial, 82. Admissions defined, 22; who may make, and when, 23; illustrations of, a. by agents and persons jointly interested with parties, 24; illustrations of, 25. by strangers to an action, 26. by person referred to by party, 27; illustration of, ii. made without prejudice, ib. of evidence, improper, 130. Adultery, competency of witnesses in proceedings relating to, 111., letters as evidence in cases of, 84. Advocates' privileges as to certain questions, 112. Affairs of State, ...
