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Author: G. Michael Fenner
Publisher:
ISBN: 9781611634556
Category : Evidence, Hearsay
Languages : en
Pages : 0
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Book Description
The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive "Use Notes" explain each foundational element and how to make it work for you. The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works. Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.
Author: G. Michael Fenner
Publisher:
ISBN: 9781611634556
Category : Evidence, Hearsay
Languages : en
Pages : 0
Get Book Here
Book Description
The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive "Use Notes" explain each foundational element and how to make it work for you. The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works. Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.
Author: CLIFFORD. FISHMAN
Publisher:
ISBN: 9781531012724
Category :
Languages : en
Pages :
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Book Description
Author: Mark Clague
Publisher: W. W. Norton & Company
ISBN: 0393651398
Category : History
Languages : en
Pages : 352
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Book Description
A New York Times Editors' Choice The fascinating story of America’s national anthem and an examination of its powerful meaning today. Most Americans learn the tale in elementary school: During the War of 1812, Francis Scott Key witnessed the daylong bombardment of Baltimore’s Fort McHenry by British navy ships; seeing the Stars and Stripes still flying proudly at first light, he was inspired to pen his famous lyric. What Americans don’t know is the story of how this everyday “broadside ballad,” one of thousands of such topical songs that captured the events and emotions of early American life, rose to become the nation’s one and only anthem and today’s magnet for controversy. In O Say Can You Hear? Mark Clague brilliantly weaves together the stories of the song and the nation it represents. Examining the origins of both text and music, alternate lyrics and translations, and the song’s use in sports, at times of war, and for political protest, he argues that the anthem’s meaning reflects—and is reflected by—the nation’s quest to become a more perfect union. From victory song to hymn of sacrifice and vehicle for protest, the story of Key’s song is the story of America itself. Each chapter in the book explores a different facet of the anthem’s story. In one, we learn the real history behind the singing of the anthem at sporting events; in another, Clague explores Key’s complicated relationship with slavery and its repercussions today. An entire is chapter devoted to some of the most famous performances of the anthem, from Jimi Hendrix at Woodstock to Roseanne Barr at a baseball game to the iconic Whitney Houston version from the 1991 Super Bowl. At every turn, the book goes beyond the events to explore the song’s resonance and meaning. From its first lines Key’s lyric poses questions: “O say can you see?” “Does that banner yet wave?” Likewise, Clague’s O Say Can You Hear? raises important questions about the banner; what it meant in 1814, what it means to us today, and why it matters.
Author: David Walsh
Publisher: Simon and Schuster
ISBN: 074328920X
Category : Family & Relationships
Languages : en
Pages : 336
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Book Description
The bestselling author of "Why Do They Act That Way?" writes the book his readers have been asking him for: how and when to say no to kids and make it stick.
Author: Danielle Ofri
Publisher: Beacon Press
ISBN: 0807062634
Category : Health & Fitness
Languages : en
Pages : 250
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Book Description
"Patients, anxious to convey their symptoms, feel an urgency to "make their case" to their doctors. Doctors, under pressure to be efficient, multitask while patients speak and often miss the key elements. Add in stereotypes, unconscious bias, conflicting agendas, and fear of lawsuits and the risk of misdiagnosis and medical errors multiplies dangerously. ... Reporting on the latest research studies and interviewing scholars, doctors, and patients, Dr. Ofri reveals how better communication can lead to better health for all of us."--Jacket.
Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252932
Category : Law
Languages : en
Pages : 508
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Book Description
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Author: Dr. Frank Luntz
Publisher: Hachette Books
ISBN: 1401385745
Category : Language Arts & Disciplines
Languages : en
Pages : 414
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Book Description
The nation's premier communications expert shares his wisdom on how the words we choose can change the course of business, of politics, and of life in this country In Words That Work, Luntz offers a behind-the-scenes look at how the tactical use of words and phrases affects what we buy, who we vote for, and even what we believe in. With chapters like "The Ten Rules of Successful Communication" and "The 21 Words and Phrases for the 21st Century," he examines how choosing the right words is essential. Nobody is in a better position to explain than Frank Luntz: He has used his knowledge of words to help more than two dozen Fortune 500 companies grow. Hell tell us why Rupert Murdoch's six-billion-dollar decision to buy DirectTV was smart because satellite was more cutting edge than "digital cable," and why pharmaceutical companies transitioned their message from "treatment" to "prevention" and "wellness." If you ever wanted to learn how to talk your way out of a traffic ticket or talk your way into a raise, this book's for you.
Author: Anna Clemence Mews
Publisher: Trafalgar Square Books
ISBN: 1570765235
Category : Sports & Recreation
Languages : en
Pages : 254
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Book Description
Anna Clemence Mews presents a beautifully written collection of true stories that have made up a part of Julie Dicker's career as an animal communicator and healer. Client interviews, case notes, and an interesting collection of survey questions and answers that were actually posed to a representative group of Dicker's equine clientele provide "anecdotal evidence" of horses' emotions and their ability to reason.
Author: Jaye Garnett
Publisher:
ISBN: 9781646385942
Category : Juvenile Fiction
Languages : en
Pages : 12
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Book Description
Author: Linda Papadopoulos
Publisher: Simon and Schuster
ISBN: 1416967680
Category : Self-Help
Languages : en
Pages : 241
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Book Description
An indispensable relationship guide for every woman who has ever told her partner, “Really, don’t go to any trouble for my birthday”…And then been disappointed when he didn’t. He says: "That dress looks great! Let's buy it!" You hear: "He really loves being with me. I feel as though we've truly bonded." He means: "For the love of God, the last eight black dresses you tried on looked identical! Just buy one, so we can get home in time for the game!" In What Men Say, What Women Hear, Dr. Linda Papadopoulos tackles the saying, hearing, and listening gap between men and women that can complicate every step of a relationship, from first dates and first sex to meeting the parents and living happily ever after. An expert on Cognitive Behavior Therapy, which connects people's initial and often misguided perception of something to the emotional reaction that follows, Dr. Linda deconstructs the common thinking errors that can hinder communication—such as personalizing everything ("He's in a bad mood. Clearly he's thinking of a way to dump me.") and jumping to conclusions ("He asked how much younger my sister is than me. I bet he thinks I look like an old bat compared to her."). By applying clinical techniques to fun—and oh-so-familiar—examples, Dr. Linda helps readers eliminate unnecessary relationship anxiety and reevaluate the way they think about themselves, their partners, and the world around them.
