Evidentiary Foundations

Author: Liz Heffernan,Edward J. Imwinkelried,Ray Ryan,Paul McDermott

Publisher: Bloomsbury Professional

ISBN: 9781845927875

Category: Law

Page: 244

View: 3878

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Based on Professor Edward Imwinkelried's authoritative American text, but amended for the Irish market by Dr Liz Heffernan and Ray Ryan, Evidentiary Foundations is a unique text which analyses the law of evidence as it is applied in the courts. Evidentiary Foundations provides brief, succinct explanations of the fundamental rules of evidence and practical guidance as to their application in court. It outlines a step-by-step approach to laying the necessary foundations for the introduction of items of evidence, Through the use of hypothetical factual scenarios, this book converts substantive rules of evidence into concrete lines of questioning.

California Evidentiary Foundations

Author: Edward J. Imwinkelried,Thomas J. Leach

Publisher: LexisNexis

ISBN: 1579115675

Category: Law

Page: 778

View: 355

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California Evidentiary Foundations takes the abstract principles of evidence and organizes them into concise statements and illustrates their uses with sample transcripts of the elements being applied in the courtroom. It helps attorneys focus their case around a theme, and understand the theories behind proving up evidence in both civil and criminal cases. California Evidentiary Foundations includes complete references to the California Evidence Code, key cases, legislative history and citations to secondary authorities such as Jefferson, Witkin, C.E.B. texts.

Objections at Trial

Author: Edward Imwinkelried,Ronald Carlson,Myron Bright

Publisher: LexisNexis

ISBN: 1601567669

Category: Law

Page: N.A

View: 7363

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​Objections at Trial , an invaluable handbook from NITA®, bridges the gap between knowing the rules of evidence and applying them in a judicial setting—and clearly identifies what proposed evidence is subject to exclusion by objection. The updated Eighth Edition provides the reader—judge, lawyer, or law student—with a primer on the fine art of making effective objections to inadmissible evidence.

Problems and Simulations in Evidence

Author: Thomas F. Guernsey

Publisher: LexisNexis

ISBN: 0327176334

Category: Law

Page: 208

View: 4745

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Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally: • Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice; • The problems within each chapter or section begin with basic concepts and build in complexity; • Many problems are presented in the context of witness examinations (often word for word from transcripts); • There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and • Simulations are also included with the problems and integrated throughout the book While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non -courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved. This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.

McElhaney's Trial Notebook

Author: James W. McElhaney

Publisher: American Bar Association

ISBN: 9781590315033

Category: Law

Page: 771

View: 9582

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"Trial Notebook" offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.

McElhaney's Litigation

Author: James W. McElhaney

Publisher: American Bar Association

ISBN: 9780897079549

Category: Business & Economics

Page: 433

View: 2121

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This guide provides the reader with clear, ready-to-use techniques that will make them a better trial lawyer and sharpen their understanding of the basics. serves as a resource for questioning and selecting a jury.

Trial Evidence

Author: Thomas A. Mauet,Warren D. Wolfson

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874678

Category: Law

Page: 512

View: 7330

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Well-known and experienced authors, highly respected in the clinical field, Thomas A. Mauet and Warren D. Wolfson provide a complete review of the effective use of evidence in a trial setting. Trial Evidence, Sixth Edition is structured around the way judges and trial lawyers think about evidentiary rules, with particular focus on the Federal Rules of Evidence. Numerous examples show how evidentiary issues actually arise, both before and during trial. A logical organization follows the sequence of a trial: opening statement, direct examination, cross examination, and closing arguments. Law and Practice sections throughout the book are based on actual federal and state cases and bring real life to the law of evidence. The accessible style of Trial Evidence always focuses on practice over theory.

The Psychological Foundations of Evidence Law

Author: Michael J. Saks,Barbara A. Spellman

Publisher: NYU Press

ISBN: 0814783872

Category: Law

Page: 320

View: 5171

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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.

Criminal Evidentiary Foundations, Third Edition

Author: Edward J. Imwinkelried,Daniel D. Blinka

Publisher: LexisNexis

ISBN: 1522101187

Category: Law

Page: N.A

View: 4233

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This is the reference your clients would ask you to purchase. Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases. In this convenient single volume with a current supplement, you'll find your questions answered on witness competency, authentication, relevance, credibility, privileges, opinions, hearsay, suppression, the Best Evidence Rule, and more. Whether you are preparing for your first case or you are a seasoned veteran, this treatise will become your most indespensible tool after the Federal Rules of Evidence in your next trial.

New York Evidentiary Foundations

Author: Randolph N. Jonakait,Harold J. Baer Jr.,E. Stewart Jones Jr.,Edward J. Imwinkelried

Publisher: LexisNexis

ISBN: 1579111971

Category: Law

Page: 442

View: 4377

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Learn how to address and overcome evidentiary problems in New York courtrooms. New York Evidentiary Foundations brings New York evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. Included are specific lines of questioning which demonstrate courtroom-proven trial techniques applying New York evidence law.

Citizenship in Question

Evidentiary Birthright and Statelessness

Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: Duke University Press

ISBN: 0822373483

Category: Law

Page: 304

View: 4149

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Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock

The Foundations of Psychoanalysis

A Philosophical Critique

Author: Adolf Grunbaum

Publisher: Univ of California Press

ISBN: 9780520907324

Category: Philosophy

Page: 256

View: 7114

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This study is a philosophical critique of the foundations of Sigmund Freud's psychoanalysis. As such, it also takes cognizance of his claim that psychoanalysis has the credentials of a natural science. It shows that the reasoning on which Freud rested the major hypotheses of his edifice was fundamentally flawed, even if the probity of the clinical observations he adduced were not in question. Moreover, far from deserving to be taken at face value, clinical data from the psychoanalytic treatment setting are themselves epistemically quite suspect.

The Evidential Foundations of Probabilistic Reasoning

Author: David A. Schum

Publisher: Northwestern University Press

ISBN: 9780810118218

Category: Law

Page: 545

View: 8648

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In this work Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings. He include insights from law, philosophy, logic, probability, semiotics, artificial intelligence, psychology and history.

Trial Practice

Exercises in Witness Examination and the Rules of Evidence

Author: Paul Milich

Publisher: West Academic Publishing

ISBN: 9781640206878

Category:

Page: 212

View: 6655

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Trial Practice: Exercises in Witness Examination and the Rules of Evidence is a remarkable set of exercises designed for Trial Advocacy courses. This new edition adds coverage of electronic evidence and confrontation clause issues. With special attention paid to the Rules of Evidence, these classroom simulations aim to cultivate students' skills at witness examination and arguing evidence objections and motions. The text, written in workbook format, contains 35 civil and criminal trial simulations that allow students and professors to see marked improvement in trial skills throughout the course. The hands-on format thoroughly engages students in the subject matter while teaching them practical skills required in legal practice. The comprehensive Teacher's Manual provides everything necessary to make the class teachable, requiring minimal preparation time from the instructor.

Shadow Medicine

The Placebo in Conventional and Alternative Therapies

Author: John S. Haller, Jr.

Publisher: Columbia University Press

ISBN: 0231537700

Category: Medical

Page: 304

View: 6067

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Can Evidence Based Medicine (EBM) and Complementary and Alternative Medicine (CAM) find common ground? A distinguished historian of medicine, John S. Haller Jr., explores the epistemological foundations of EBM and the challenges these conceptual tools present for both conventional and alternative therapies. As he explores a possible reconciliation between their conflicting approaches, Haller maintains a healthy, scientific skepticism yet finds promise in select complementary and alternative (CAM) therapies. Haller elucidates recent research on the placebo effect and shows how a new engagement between EBM and CAM might lead to a more productive medical practice that includes both the objectivity of evidence-based medicine and the subjective truth of the physician-patient relationship. Haller's book tours key topics in the standoff between EBM and CAM: how and why the double blinded, randomized clinical trial (RCT) came to be considered the gold standard in modern medicine; the challenge of postmodern medicine as it counters the positivism of evidence-based medicine; and the politics of modern CAM and the rise of the National Center for Complementary and Alternative Medicine. He conducts an in-depth case study of homeopathy, explaining why it has emerged as a poster-child for CAM, and assesses CAM's popularity despite its poor performance in clinical trials. Haller concludes with hope, showing how new experimental protocols might tease out the evidentiary basis for the placebo effect and establish a foundation for some reconciliation between EBM and CAM.

Clinical Practice Guidelines We Can Trust

Author: Institute of Medicine,Board on Health Care Services,Committee on Standards for Developing Trustworthy Clinical Practice Guidelines

Publisher: National Academies Press

ISBN: 030921646X

Category: Medical

Page: 290

View: 7380

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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.

Making Gay Okay

How Rationalizing Homosexual Behavior Is Changing Everything

Author: Robert Reilly

Publisher: Ignatius Press

ISBN: 1586178334

Category: Social Science

Page: 250

View: 5923

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Why are Americans being forced to consider homosexual acts as morally acceptable? Why has the US Supreme Court accepted the validity of same-sex "marriage", which, until a decade ago, was unheard of in the history of Western or any other civilization? Where has the "gay rights" movement come from, and how has it so easily conquered America? The answers are in the dynamics of the rationalization of sexual misbehavior. The power of rationalization-the means by which one mentally transforms wrong into right-drives the gay rights movement, gives it its revolutionary character, and makes its advocates indefatigable. The homosexual cause moved naturally from a plea for tolerance to cultural conquest because the security of its rationalization requires universal acceptance. In other words, we all must say that the bad is good. At stake in the rationalization of homosexual behavior is the notion that human beings are ordered to a purpose that is given by their Nature. The understanding that things have an in-built purpose is being replaced by the idea that everything is subject to man's will and power, which is considered to be without limits. This is what the debate over homosexuality is really about-the Nature of reality itself. The outcome of this dispute will have consequences that reach far beyond the issue at hand. Already America's major institutions have been transformed-its courts, its schools, its military, its civic institutions, and even its diplomacy. The further institutionalization of homosexuality will mean the triumph of force over reason, thus undermining the very foundations of the American Republic.