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BOOK EXCERPT:
Evidence and Trial Advocacy are often taught as if in practice; the topics are not related. The original edition of this title pioneered the concept that instruction on trial technique and evidence rules in the same volume is an effective way to teach either an evidence or trial advocacy course. This combination provides students with the foundation for becoming skilled trial advocates within the boundaries of the rules of evidence. Trial Technique and Evidence explains the purpose and application of each evidence rule. The practical methods of presenting evidence are balanced against the requirements of the rules. Indeed, many evidence rules are "practice" rules, either not covered in the formal rules of evidence or not addressed in detail. The basis for introducing demonstrative exhibits, for example, is not included in the federal rules, and impeaching witnesses in trial requires knowledge of practical technique. Trial Technique and Evidence allows a professor to incorporate practical requirements with evidence theory. The text also includes practical steps for compliance with the rules, with examples to facilitate the student's understanding, and addresses recent developments such as: • Jury persuasion • Application of rules to electronic evidence • Trends in applying the Daubert factors for assessing expert testimony • Amendments to the Federal Rules of Evidence
Product Details :
Genre |
: Law |
Author |
: Michael R. Fontham |
Publisher |
: Aspen Publishing |
Release |
: 2013-06-28 |
File |
: 868 Pages |
ISBN-13 |
: 9781632814272 |
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BOOK EXCERPT:
Product Details :
Genre |
: |
Author |
: THOMAS A. MAUET |
Publisher |
: Aspen Publishing |
Release |
: 2024 |
File |
: 688 Pages |
ISBN-13 |
: 9798892073356 |
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BOOK EXCERPT:
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
Product Details :
Genre |
: Law |
Author |
: Philip Gaines |
Publisher |
: Oxford University Press |
Release |
: 2016-04-01 |
File |
: 233 Pages |
ISBN-13 |
: 9780190613921 |
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BOOK EXCERPT:
Product Details :
Genre |
: Law |
Author |
: Michael R. Fontham |
Publisher |
: Lexis Nexis |
Release |
: 2002 |
File |
: 860 Pages |
ISBN-13 |
: 0820556351 |
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BOOK EXCERPT:
"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.
Product Details :
Genre |
: History |
Author |
: Göran Sluiter |
Publisher |
: Oxford University Press |
Release |
: 2013-03-21 |
File |
: 1720 Pages |
ISBN-13 |
: 9780199658022 |
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BOOK EXCERPT:
Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.
Product Details :
Genre |
: Business & Economics |
Author |
: Paul Roberts |
Publisher |
: Routledge |
Release |
: 2017-07-05 |
File |
: 664 Pages |
ISBN-13 |
: 9781351567404 |
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BOOK EXCERPT:
Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists and additional tools throughout for use by current and future practitioners Course ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.
Product Details :
Genre |
: Law |
Author |
: Charles P. Nemeth |
Publisher |
: CRC Press |
Release |
: 2023-03-08 |
File |
: 314 Pages |
ISBN-13 |
: 9781000846010 |
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BOOK EXCERPT:
Product Details :
Genre |
: Actions and defenses |
Author |
: |
Publisher |
: |
Release |
: 1990 |
File |
: 674 Pages |
ISBN-13 |
: STANFORD:36105061312273 |
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BOOK EXCERPT:
′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.
Product Details :
Genre |
: Medical |
Author |
: Andrew Stevens |
Publisher |
: SAGE |
Release |
: 2001-01-02 |
File |
: 540 Pages |
ISBN-13 |
: 9781847876751 |
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BOOK EXCERPT:
Well-known and experienced authors, highly respected in the clinical field, Thomas A. Mauet, Warren D. Wolfson, and Jason Kreag provide a complete review of the effective use of evidence in a trial setting. Trial Evidence, Eighth Edition is structured around the way judges and trial lawyers think about evidentiary rules, with particular focus on the Federal Rules of Evidence. Abundant real-life courtroom vignettes illustrate how evidentiary issues arise, both before and during a trial. Logical content 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 decades of practical experience into the evidence classroom. The accessible style of Trial Evidence always focuses on practice over theory, on applying the statute rather than reading it. New to the Eighth Edition: Revised Rule 106 (Rule of Completeness) and the implication of hearsay objections Revised Rule 615, clarifying the judge’s authority to ensure witnesses do not have access to prior testimony and evidence before testifying Revised Rule 702, strengthening the judge’s gatekeeping role for expert testimony Revised Rule 807, clarifying the residual hearsay exception New problems exploring these revised rules and other contemporary evidence issues Professors and students will benefit from: Clear, objective, up-to-date explanations of evidence issues Content organization that flows logically through the stages of a trial Evidence law organized around the 3R’s approach: relevant, reliable, and right A companion piece including hundreds of problems based on real, cited cases and focused on important, current issues
Product Details :
Genre |
: Law |
Author |
: Thomas A. Mauet |
Publisher |
: Aspen Publishing |
Release |
: 2023-09-14 |
File |
: 687 Pages |
ISBN-13 |
: 9798886142358 |