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Australian Uniform Evidence Law offers a practical, clear and student-friendly introduction to the law of evidence and its operation across Uniform Evidence Act jurisdictions. Using a logical structure, with the Evidence Act 1995 (Cth) as its point of reference, this text introduces basic concepts before leading into more detailed coverage of the Act. Curated cases and excerpts from the legislation, with clear summaries and explanations of the rules, help students understand the application of the Act. Practice problems at the end of each chapter provide students with the opportunity to test their knowledge of each topic. Additionally, a 'Putting it all together' chapter at the end of the text challenges students with complex problems. Guided solutions, a summary of the key points discussed, key terms and definitions, and guides to further reading are included for each chapter. Providing clear explanation and engaging examples, this highly readable text is an essential resource for students.
Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.
This unique book on intelligence analysis covers several vital but often overlooked topics. It teaches the evidential and inferential issues involved in 'connecting the dots' to draw defensible and persuasive conclusions from masses of evidence: from observations we make, or questions we ask, we generate alternative hypotheses as explanations or answers; we make use of our hypotheses to generate new lines of inquiry and discover new evidence; and we test the hypotheses with the discovered evidence. To facilitate understanding of these issues and enable the performance of complex analyses, the book introduces an intelligent analytical tool, called Disciple-CD. Readers will practice with Disciple-CD and learn how to formulate hypotheses; develop arguments that reduce complex hypotheses to simpler ones; collect evidence to evaluate the simplest hypotheses; and assess the relevance and the believability of evidence, which combine in complex ways to determine its inferential force and the probabilities of the hypotheses.
Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence.Exploring these issues, the editors of this book invited the contributors to reflect on how these trends affect the situation in their countries and to present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal was to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization.This publication has been produced with the financial support of the 2007-2013 Civil Justice Programme of the European Union. The contents of this publication are the sole responsibility of authors and can in no way be taken to reflect the views of the European Commission.
Combining straightforward explanation with scholarly analysis, Law of Evidence introduces students to the full range of topics covered in law of evidence courses, with clarity and depth. Highlighting the context within which the law operates, the textbook maintains an engaging narrative with a strong practical focus. Integrated extracts from key judgments and statutes, as well as academic articles and books, lead students to develop a deeper understanding of the subject, and detailed commentary on these extracts helps students develop the ability to read and analyse case law effectively. Student learning is further supported by numerous visual aids, including diagrams, flowcharts and tables, which illustrate the relationships between principles and provisions and clarify the complex aspects of the law. A companion website with regular updates to the text ensures that students always have the most up-to-date coverage of the law at their fingertips.
The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.
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