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Author: C. H. van Rhee
Publisher:
ISBN: 9781780683386
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]
Author: C. H. van Rhee
Publisher:
ISBN: 9781780683386
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]
Author: Karim A. A. Khan
Publisher:
ISBN: 0199588929
Category : Law
Languages : en
Pages : 876
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Book Description
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author:
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
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Book Description
Author: Gary Lawson
Publisher: University of Chicago Press
ISBN: 022643205X
Category : Law
Languages : en
Pages : 259
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Book Description
"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: Lawrence A. Dubin
Publisher: LexisNexis
ISBN: 1663318506
Category : Law
Languages : en
Pages : 728
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Book Description
Designed specifically for trial use, Michigan Evidence Courtroom Manual's purpose is to provide fast, concise, and authoritative answers to most of the evidentiary questions which arise in the course of trials and hearings, as well as in trial preparation. It accomplishes this through a unique combination of trial-tested features, including: • Rules: The complete rules are collected at the beginning of the book. Individual rules are also at the beginning of the chapter in which the rule is discussed. • Commentary: Perhaps the most important part of this book, the author's Commentary provides a quick overview of the rule under discussion, guidance in interpreting the rule, and helpful pointers for applying the rule in actual practice. In many chapters the Commentary contains special features such as Illustrations, Constitutional Considerations, and Current Trends. • Authority: Following each chapter's Commentary, additional authorities are cited. These give the user a starting point for additional research. • Comparison to Federal Rule: A brief comparison of the Michigan and federal rules in each chapter provides additional insight. • Cases: Recent significant cases are summarized at the end of each chapter. These provide support for argument and decisions required during the course of proceedings.
Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
ISBN: 900423652X
Category : Law
Languages : en
Pages : 600
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Book Description
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Author: Michigan Legal Publishing Ltd.
Publisher:
ISBN: 9781942842118
Category :
Languages : en
Pages : 47
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Book Description
A handy pocket version of the Federal Rules of Evidence (5" x 8"), as amended through January 1, 2017. A Perfect quick reference for your desk or briefcase, for both attorneys and law school students. Contents: Article 1; General Provisions Article 2; Judicial Notice Article 3; Presumptions in Civil Cases Article 4; Relevance and its Limits Article 5; Privileges Article 6; Witnesses Article 7; Opinions and Expert Testimony Article 8; Hearsay Article 9; Authentication and Identification Article 10; Contents of Writings, Recordings, and Photographs Article 11; Miscellaneous Rules
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309134404
Category : Science
Languages : en
Pages : 270
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Book Description
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Author: Richard Glover
Publisher: Oxford University Press, USA
ISBN: 019873333X
Category : Law
Languages : en
Pages : 839
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Book Description
Murphy on Evidence frames the law of evidence in its practical context. Suitable for both undergraduates and BPTC students, the text is supported by a wealth of online resources based around two fictional cases, bringing the law to life, and developing a clear contextual understanding of the law.
