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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: 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: 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: 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: CLIFFORD. FISHMAN
Publisher:
ISBN: 9781531012724
Category :
Languages : en
Pages :
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Book Description
Author: Danielle Ofri, MD
Publisher: Beacon Press
ISBN: 0807062642
Category : Medical
Languages : en
Pages : 250
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Book Description
Can refocusing conversations between doctors and their patients lead to better health? Despite modern medicine’s infatuation with high-tech gadgetry, the single most powerful diagnostic tool is the doctor-patient conversation, which can uncover the lion’s share of illnesses. However, what patients say and what doctors hear are often two vastly different things. 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. Though the gulf between what patients say and what doctors hear is often wide, Dr. Danielle Ofri proves that it doesn’t have to be. Through the powerfully resonant human stories that Dr. Ofri’s writing is renowned for, she explores the high-stakes world of doctor-patient communication that we all must navigate. 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.
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: Random House
ISBN: 0099478692
Category : Interpersonal communication
Languages : en
Pages : 274
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Book Description
"It comes as no surprise that men and women see things differently from the way that they approach problems to how they deal with emotional difficulties but when it comes to relationships, there is certainly never a dull moment. Just how can we penetrate the language barrier of manspeak ? What exactly does he mean when he says you have curves ? When he suggests you grab a coffee, does he just want a coffee or does he really want to grab a whole lot more? And why do we ever ask 'Does my bum look big in this?' when no answer on the face of this planet is ever correct? Dr Linda Papadopoulos takes us on a journey through a relationship lifespan from the first-date disasters through to meeting the parents and popping the Big Question and beyond, looking at the common pitfalls and how to avoid them. By utilising the principles of the revolutionary Cognitive Behavioural Therapy, we learn how to identify the problems, how to become more aware of our own thought processes and perceptions and how to analyse them to make communication that bit easier. Funny, frank and extremely accessible, What Men Say, What Women Hear is an indispensable guide for the modern woman who may be able
Author: Anita M. Smith
Publisher: Stonecrop
ISBN:
Category : Woodstock (N.Y.)
Languages : en
Pages : 209
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Book Description
