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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: Gary Lawson
Publisher: University of Chicago Press
ISBN: 022643205X
Category : Law
Languages : en
Pages : 259
Get Book Here
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: Charles Tilford McCormick
Publisher:
ISBN: 9780314161444
Category : Evidence (Law)
Languages : en
Pages :
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Book Description
Author: Michael J. Saks
Publisher: NYU Press
ISBN: 0814783872
Category : Law
Languages : en
Pages : 339
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Book Description
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: I. H. Dennis
Publisher:
ISBN: 9781847038562
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
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: Shenequa L. Grey
Publisher:
ISBN: 9781611638196
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
An Anatomy of Louisiana Evidence Law is the first of its kind in Louisiana, representing a new trend in law school casebooks across the country. Much more than just a compilation of cases and notes, this book is a complete coursebook. It presents a detailed, thorough, and comprehensive examination of the law of evidence through the use of concise commentary and a number of pedagogical elements designed to both reinforce legal principles and to help bridge the ever-widening gap between law school theory and practice. This exceptionally organized casebook covers the entire Louisiana Code of Evidence with a treatise-like explanation of the legal principles, written in a reader friendly style. The casebook includes both Louisiana cases and select U.S. Supreme Court cases directly affecting Louisiana law with discussion questions to assist students in understanding the cases and concepts in each section. Reinforced by a summary of key points, students are presented with a straightforward presentation of the law, designed to better equip them to more fully engage in classroom lectures and discussion. This style of presentation of the law is coupled with numerous opportunities for application with over 400 original problems and practical application exercises. Throughout the book are comparisons of major distinctions between the Louisiana Code of Evidence and the Federal Rules of Evidence and a discussion of public policy concerns underlying the evidentiary principles to serve as a guide to understanding how the law should be applied and to better understand many of the distinctions in the state and federal laws.
Author: Steven I. Friedland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 944
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Book Description
Author: Roger Park
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 782
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Book Description
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: Alex Stein
Publisher: Oxford University Press on Demand
ISBN: 9780198257363
Category : Law
Languages : en
Pages : 248
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Book Description
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: H. L. Ho
Publisher: Oxford University Press, USA
ISBN: 0199228302
Category : Law
Languages : en
Pages : 362
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Book Description
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Author: Simon Greenleaf
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 788
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Book Description
