The Burden of a Judge PDF Download

Author: Ita G. Mbaba
Publisher:
ISBN: 9789783739277
Category : Judges
Languages : en
Pages : 164

View

Book Description

Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355

View

Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

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

View

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

View

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: Scott Turow
Publisher: Farrar, Straus and Giroux
ISBN: 1429957751
Category : Fiction
Languages : en
Pages : 640

View

Book Description
In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.

Author: Philip M. Halpern
Publisher:
ISBN: 9781641056694
Category : Law
Languages : en
Pages : 0

View

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

Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 56

View

Book Description

Author:
Publisher:
ISBN:
Category : Instructions to juries
Languages : en
Pages : 16

View

Book Description
... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...

Author: Raymond Wolters
Publisher: Univ. of Tennessee Press
ISBN: 9780870497506
Category : Education
Languages : en
Pages : 360

View

Book Description
Examines the results of the Supreme Court's 1954 decision on desegregation on the five school districts that participated in the Brown v. Board of Education case, and argues that the Court erred in moving beyond a policy of desegregation to one of integration.

Author: Genevieve Coonan
Publisher:
ISBN: 9781858005058
Category : Criminal law
Languages : en
Pages : 931

View

Book Description
The Judge's Charge in Criminal Trials is the first dedicated Irish text which examines the law and principles of the judge's charge to the jury in criminal trials. It is an essential and detailed reference point for all those involved in the practice of criminal law and is an indispensable part of the criminal practitioners library. Over its forty-four chapters it offers detailed guidance on the appropriate directions to be given to the jury in relation to the most commonly recurring issues in criminal practice. It examines all relevant Irish case-law and contains in-depth comparative commentary, drawing on the law of England, Australia, New Zealand and the United States and critically analyses model directions used in other jurisdictions to explain fundamental criminal law concepts such as the burden of proof, the role of judge and jury, the criminal defences, inchoate liability and more. Contents: Preliminary instructions; General principles of summing up; Respective roles of judge and jury; Comment; Burden and standard of proof; Degrees of participation; Joint enterprise; Murder; Manslaughter; Inchoate offences; Causation; Intention; Recklessness; Insanity; Automatism; Diminished responsibility; Self-defence; Provocation; Duress/Necessity; Intoxication; Alibi; Alternative defences; Multiple accused; Multiple counts; Delay; Publicity; Circumstantial evidence; Identification evidence; Inadmissible evidence; Expert evidence; Confessions; Unreliable witnesses; Corroboration; Hearsay; Accused's bad character; Accused's good character; Previous consistent statements; Previous inconsistent statements; Right to silence; Inferences from silence; Lies; Directions on the verdict; Brown direction; Taking assistance from counsel Genevieve Coonan is a practising barrister. Brian Foley is a practising barrister.