The Burden of Proof PDF Download

Author: Philip M. Halpern
Publisher:
ISBN: 9781641056700
Category : Burden of proof
Languages : en
Pages :

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Book Description
"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--

Author: Dale A. Nance
Publisher: Cambridge University Press
ISBN: 1316539032
Category : Law
Languages : en
Pages : 345

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Book Description
Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

Author: A. A. F. Massawe
Publisher:
ISBN:
Category : Burden of proof
Languages : en
Pages : 212

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Author: Jasmina Mačkić
Publisher: BRILL
ISBN: 9004359850
Category : Law
Languages : en
Pages : 325

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Book Description
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Author: Albert Kenneth Roland Kiralfy
Publisher: Butterworths
ISBN:
Category : Law
Languages : en
Pages : 296

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Author: Rupert Cross
Publisher: CUP Archive
ISBN: 9780521214056
Category : Law
Languages : en
Pages : 24

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Author: Janet November
Publisher:
ISBN: 9780408715928
Category : Burden of proof
Languages : en
Pages : 319

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Book Description
A text for practitioners and students of law in the Procedure Series. The book states the present law regarding burdens of proving guilt in criminal cases in general outline. Compiles various exceptions to the prosecution's burden of proof, and separates criminal from civil discourse on burdens of proof.

Author: John Davison Lawson
Publisher:
ISBN:
Category : Presumptions (Law)
Languages : en
Pages : 756

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Book Description

Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004463135
Category : Law
Languages : en
Pages : 520

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Book Description
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
ISBN: 900423652X
Category : Law
Languages : en
Pages : 600

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Book Description
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.