Evidence Stories

Author: Richard O. Lempert
Publisher: Foundation Press
ISBN:
Size: 30.15 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: 64.14 MB
Format: PDF, ePub
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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: 131710630X
Size: 33.68 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: 55.93 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: 45.52 MB
Format: PDF, Kindle
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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: 10.57 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.

The Oxford Handbook Of Behavioral Economics And The Law

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0199397953
Size: 33.86 MB
Format: PDF
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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.

Law S Stories

Author: Peter Brooks
Publisher: Yale University Press
ISBN: 9780300074901
Size: 41.41 MB
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In this volume, scholars from the worlds of law and literature take a probing look at how and why stories are told in the law. Experts discuss how narratives presented in trials and in Supreme Court opinions are told and listened to, and how they affect legal thinking and judgement.

International Law Stories

Author: John E. Noyes
Publisher: Foundation Press
ISBN: 9781599410869
Size: 26.39 MB
Format: PDF, ePub
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This new Law Stories title sets the most significant international law cases in their social, political, and historical context. It showcases thirteen essays by leading international law experts. The essays, written in an accessible form, are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the core controversies and most significant developments in the field.

Handbook Of Psychology And Law

Author: Dorothy K. Kagehiro
Publisher: Springer Science & Business Media
ISBN: 1475740387
Size: 10.53 MB
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Shari Seidman Diamond Scholars interested in psychology and law are fond of c1aiming origins for psycholegal research that date back four score and three years ago to Hugo von Munsterberg's On the Witness Stand, published in 1908. These early roots can mislead the casual observer about the history of psychology and law. Vigorous and sustained research in the field is a recent phenomenon. It is only 15 years since the first review of psy chology and law appeared in the Annual Review of Psychology (Tapp, 1976). The following year saw the first issue of Law and Human Behavior, the official publication of the American Psychology-Law Society and now the journal of the American Psychological Associ ation's Division of Psychology and Law. Few psychology departments offered even a single course in psychology and law before 1973, while by 1982 1/4 of psychology graduate programs had at least one course, and a number had begun to offer forensic minors and/or joint J. D. / Ph. D. programs (Freeman & Roesch, see Chapter 28). Yet this short period of less than 20 years has seen a dramatic level of activity. Its strengths and weaknesses, excitements and disappointments, are aII captured in the collection of chapters published in this first Handbook of Psychology and Law. In describing what we have learned ab out psychology and law, the works included here also reveal the questions we have yet to answer and thus offer a blueprint for activities in the next 20 years.