Evidence Stories

Author: Richard O. Lempert
Publisher: Foundation Press
ISBN:
Size: 25.81 MB
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The ideal book to complement a problem-based evidence course, this new title brings to life some of Evidence Law's most important and interesting cases, and the principles they represent. This publication contains essays by leading evidence scholars discussing the stories behind landmark cases and illuminating principles and materials across the evidence curriculum. The seldom-told stories behind cases where evidence plays a significant role are now told with important illustrations of the development, application, and importance of the rules of evidence.

Arguments Stories And Criminal Evidence

Author: Floris J. Bex
Publisher: Springer Science & Business Media
ISBN: 9789400701403
Size: 12.44 MB
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In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.

Legal Evidence And Proof

Author: Henry Prakken
Publisher: Routledge
ISBN: 1317106296
Size: 26.79 MB
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As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Fraudulent Evidence Before Public International Tribunals

Author: W. Michael Reisman
Publisher: Cambridge University Press
ISBN: 1139952862
Size: 32.13 MB
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Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.

The Psychological Foundations Of Evidence Law

Author: Michael J. Saks
Publisher: NYU Press
ISBN: 0814783872
Size: 32.24 MB
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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.

A Philosophy Of Evidence Law

Author: H. L. Ho
Publisher: Oxford University Press on Demand
ISBN: 0199228302
Size: 42.96 MB
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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.

Film The Law

Author: Steve Greenfield
Publisher: Routledge
ISBN: 113533966X
Size: 74.34 MB
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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

The Oxford Handbook Of Behavioral Economics And The Law

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0199397953
Size: 63.36 MB
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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Inadmissible Evidence

Author: Evelyn A. Williams
Publisher: Backinprint.Com
ISBN: 9780595141708
Size: 31.43 MB
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Excerpts from Kirkus Review (11-1-1993) “Any analysis of the American Black experience demands close attention to both the political and the personal, and this extraordinary memoir by Williams … offers just that, as well as making a noteworthy contribution to recent American legal History.” “Becoming a Children’s Court probation officer … she contended with the political pressures of placing the children of Ethel and Julus Rosenberg … In the early 70’s, the author took on her most important case, defending her niece, Assata Shakur, “leader” of the Black Liberation Army.”

Bodies Of Evidence

Author: Chris Anderson
Publisher: Lyle Stuart
ISBN: 9780818405426
Size: 52.67 MB
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Profiles the life and crimes of convicted serial killer Judias Buenoano, the Florida woman on death row for the murders of several men, and the detective who brought her to justice