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Author: Liz Heffernan Publisher: Bloomsbury Professional ISBN: 9781845927875 Category : Evidence (Law) Languages : en Pages : 0
Book Description
Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence.
Author: Liz Heffernan Publisher: Bloomsbury Professional ISBN: 9781845927875 Category : Evidence (Law) Languages : en Pages : 0
Book Description
Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence.
Author: Nancy A. Combs Publisher: Cambridge University Press ISBN: 1139489712 Category : Law Languages : en Pages :
Book Description
Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Author: Alex Stein Publisher: Oxford University Press on Demand ISBN: 9780198257363 Category : Law Languages : en Pages : 248
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: Institute of Medicine Publisher: National Academies Press ISBN: 030921646X Category : Medical Languages : en Pages : 217
Book Description
Advances in medical, biomedical and health services research have reduced the level of uncertainty in clinical practice. Clinical practice guidelines (CPGs) complement this progress by establishing standards of care backed by strong scientific evidence. CPGs are statements that include recommendations intended to optimize patient care. These statements are informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options. Clinical Practice Guidelines We Can Trust examines the current state of clinical practice guidelines and how they can be improved to enhance healthcare quality and patient outcomes. Clinical practice guidelines now are ubiquitous in our healthcare system. The Guidelines International Network (GIN) database currently lists more than 3,700 guidelines from 39 countries. Developing guidelines presents a number of challenges including lack of transparent methodological practices, difficulty reconciling conflicting guidelines, and conflicts of interest. Clinical Practice Guidelines We Can Trust explores questions surrounding the quality of CPG development processes and the establishment of standards. It proposes eight standards for developing trustworthy clinical practice guidelines emphasizing transparency; management of conflict of interest ; systematic review-guideline development intersection; establishing evidence foundations for and rating strength of guideline recommendations; articulation of recommendations; external review; and updating. Clinical Practice Guidelines We Can Trust shows how clinical practice guidelines can enhance clinician and patient decision-making by translating complex scientific research findings into recommendations for clinical practice that are relevant to the individual patient encounter, instead of implementing a one size fits all approach to patient care. This book contains information directly related to the work of the Agency for Healthcare Research and Quality (AHRQ), as well as various Congressional staff and policymakers. It is a vital resource for medical specialty societies, disease advocacy groups, health professionals, private and international organizations that develop or use clinical practice guidelines, consumers, clinicians, and payers.
Author: Derron Strickland Publisher: AuthorHouse ISBN: 1452059020 Category : Family & Relationships Languages : en Pages : 98
Book Description
Foundations is taking it back to basics.Foundations is about Accountability! Removing what you think is real and replacing it with what's true. It's hard to remove your blinders when you're standing in your own way. Are you responsible for your own miscues?
Author: Christian Dahlman Publisher: Oxford University Press ISBN: 0192603094 Category : Law Languages : en Pages : 433
Book Description
Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.
Author: John Barkai Publisher: ISBN: Category : Languages : en Pages : 178
Book Description
The Michigan Rules of Evidence Handbook (6" x 9") was designed to be brought to court and be at your side in the office. This copy of the Michigan rules "added value" is a 15 page section on making and responding to common objections (including over 15 pages on the most common trial objections) and over 70 pages on evidentiary foundations and impeachment (including 25 examples of foundations for introducing physical, electronic, hearsay, and social media evidence, as well as a brief discussion on differing standards for authenticating digital evidence. There are also 30 cartoons with original captions on evidence, negotiation, and ADR to make you smile.The author is a former Detroit criminal trial lawyer, a full-time law professor for 45 years, and a professor at the William S. Richardson School of Law at the University of Hawaii for 40 years. Come visit! He has taught evidence since 1981 and has been the Director, and now Co-Director, of the Law School's Clinical Program since 1978. He has been a member of the Hawaii Supreme Court's Standing Committee on the Rules of Evidence since 1993.
Author: Liz Heffernan
Author: Liz Heffernan
Author: Nancy A. Combs
Author: Alex Stein
Author: David A. Schlueter
Author: Institute of Medicine
Author: Derron Strickland
Author: Christian Dahlman
Author: John Barkai
Author: Randolph N. Jonakait
Author: David A. Schlueter