Evidence

Author: Dennis D. Prater
Publisher:
ISBN: 9781632828613
Format: PDF, Mobi
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This stimulating casebook presents the study of evidence in the context of a trial. It provides transcript-style problems in which lawyers present evidence and argue evidentiary points, and a trial judge is called on to rule. Special effort has been made to update and amplify those problems. Substantive changes for the Fifth Edition include interesting innovations by courts on questions of character evidence and expert testimony; amendments to the Federal Rules of Evidence; issues involving the admissibility of electronic evidence; and Supreme Court developments on the right to confrontation.

New York Evidence Handbook

Author: Michael M. Martin
Publisher: Aspen Publishers Online
ISBN: 9780735529816
Format: PDF, Kindle
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If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000 page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions, and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the 'best evidence' rule, etc.) discussing all of the leading authorities, and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions. Without requiring you to pore through older cases of little precedential value, you'll find the latest rules, cases and analysis on: Expert evidence - Including DNA profiling, expert opinions based on facts not in evidence Hearsay - Confrontation Clause problems, prior statements of witnesses, admissions by employees, hearsay included in business records Privileges - Attorney client-privilege in the corporate setting, inadvertent or selective waivers, privileges for health care professionals Witnesses - Impeachment by prior convictions and bad acts, evidence from hypnotized witnesses, prior inconsistent and consistent statements Relevancy - Chain of custody for physical evidence, gory photographs, character and uncharged crimes, stipulations.

Offender Profiling in the Courtroom

Author: Norbert Ebisike
Publisher: Greenwood Publishing Group
ISBN: 0313362106
Format: PDF, ePub, Mobi
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This volume examines the use of offender profiling and expert witnesses in criminal court cases.

Science Rules

Author: Peter Achinstein
Publisher: JHU Press
ISBN: 9780801879449
Format: PDF, Kindle
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Is there a universal set of rules for discovering and testing scientific hypotheses? Since the birth of modern science, philosophers, scientists, and other thinkers have wrestled with this fundamental question of scientific practice. Efforts to devise rigorous methods for obtaining scientific knowledge include the twenty-one rules Descartes proposed in his Rules for the Direction of the Mind and the four rules of reasoning that begin the third book of Newton's Principia, and continue today in debates over the very possibility of such rules. Bringing together key primary sources spanning almost four centuries, Science Rules introduces readers to scientific methods that have played a prominent role in the history of scientific practice. Editor Peter Achinstein includes works by scientists and philosophers of science to offer a new perspective on the nature of scientific reasoning. For each of the methods discussed, he presents the original formulation of the method; selections written by a proponent of the method together with an application to a particular scientific example; and a critical analysis of the method that draws on historical and contemporary sources. The methods included in this volume are Cartesian rationalism with an application to Descartes' laws of motion; Newton's inductivism and the law of gravity; two versions of hypothetico-deductivism—those of William Whewell and Karl Popper—and the nineteenth-century wave theory of light; Paul Feyerabend's principle of proliferation and Thomas Kuhn's views on scientific values, both of which deny that there are universal rules of method, with an application to Galileo's tower argument. Included also is a famous nineteenth-century debate about scientific reasoning between the hypothetico-deductivist William Whewell and the inductivist John Stuart Mill; and an account of the realism-antirealism dispute about unobservables in science, with a consideration of Perrin's argument for the existence of molecules in the early twentieth century.

Discovery Problems and Their Solutions

Author: Paul W. Grimm
Publisher: American Bar Association
ISBN: 9781604426021
Format: PDF, ePub, Docs
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This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.

Ideas Evidence and Method

Author: Graciela De Pierris
Publisher: OUP Oxford
ISBN: 0191057665
Format: PDF, ePub
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Graciela De Pierris presents a novel interpretation of the relationship between skepticism and naturalism in Hume's epistemology, and a new appraisal of Hume's place within early modern thought. Whereas a dominant trend in recent Hume scholarship maintains that there are no skeptical arguments concerning causation and induction in Book I, Part III of the Treatise, Graciela De Pierris presents a detailed reading of the skeptical argument she finds there and how this argument initiates a train of skeptical reasoning that begins in Part III and culminates in Part IV. This reasoning is framed by Hume's version of the modern theory of ideas developed by Descartes and Locke. The skeptical implications of this theory, however, do not arise, as in traditional interpretations of Hume's skepticism, from the 'veil of perception.' They arise from Hume's elaboration of a presentational-phenomenological model of ultimate evidence, according to which there is always a justificatory gap between what is or has been immediately presented to the mind and any ideas that go beyond it. This happens, paradigmatically, in the causal-inductive inference, and, as De Pierris argues, in demonstrative inference as well. Yet, in spite of his firm commitment to radical skepticism, Hume also accepts the naturalistic standpoint of science and common life, and he does so, on the novel interpretation presented here, because of an equally firm commitment to Newtonian science in general and the Newtonian inductive method in particular. Hume defends the Newtonian method (against the mechanical philosophy) while simultaneously rejecting all attempts (including those of the Newtonians) to find a place for the supernatural within our understanding of nature.

The Advanced Handbook of Methods in Evidence Based Healthcare

Author: Andrew Stevens
Publisher: SAGE
ISBN: 1847876757
Format: PDF, Mobi
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'This handbook is an excellent reflection of the growing maturity and methodological sophistication of the field of Health Technology Assessment. The Handbook covers a spectrum of issues, from primary evidence (clinical trials) through reviews and meta-analysis, to identifying and filling gaps in the evidence. Up-to-date, clearly written, and well-edited, the handbook is a needed addition to any personal or professional library dealing with Health Technology Assessment.' Professor David Banta, TNO Prevention and Health, The Netherlands 'This text presents the most advanced knowledge on methodology in health care research, and will form the backbone of many future studies' - Paula Roberts, Nurse Researcher The `effectiveness revolution' both in research and clinical practice, has tested available methods for health services research to the extreme. How far can observational methods, routine data and qualitative methods be used in health care evaluation? What cost and outcome measures are appropriate, and how should data be gathered? With the support of over two million pounds from the British Health Technology Assessment Research Programme, the research project for this Handbook has led to both a synthesis of all of the existing knowledge in these areas and an agenda for future debate and research. The chapters and their authors have been selected through a careful process of peer review and provide a coherent and complete approach to the field. The handbook has been a unique collaboration between internationally regarded clinicians, statisticians, epidemiologists, social scientists, health economists and ethicists. It provides the most advanced thinking and the most authoritative resource for a state of the art review of methods of evaluating health care and will be required reading for anyone involved in health services research and management.

Economic Analysis of Law

Author: Richard A. Posner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845538
Format: PDF, Kindle
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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.