Evidence of the Law

Proving Legal Claims

Author: Gary Lawson

Publisher: University of Chicago Press

ISBN: 022643219X

Category: Law

Page: 264

View: 851

How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law. As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.

Learning Legal Reasoning

Briefing, Analysis and Theory

Author: John Delaney

Publisher: John Delaney Publications

ISBN: 0960851445

Category: Law

Page: 175

View: 5230

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Author: Michelle T. Grando

Publisher: Oxford University Press

ISBN: 019957264X

Category: Law

Page: 410

View: 1904

This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.

Cold-Case Christianity

A Homicide Detective Investigates the Claims of the Gospels

Author: J. Warner Wallace

Publisher: David C Cook

ISBN: 1434705463

Category: Religion

Page: 224

View: 5344

Written by an L. A. County homicide detective and former atheist, Cold-Case Christianity examines the claims of the New Testament using the skills and strategies of a hard-to-convince criminal investigator. Christianity could be defined as a “cold case”: it makes a claim about an event from the distant past for which there is little forensic evidence. In Cold-Case Christianity, J. Warner Wallace uses his nationally recognized skills as a homicide detective to look at the evidence and eyewitnesses behind Christian beliefs. Including gripping stories from his career and the visual techniques he developed in the courtroom, Wallace uses illustration to examine the powerful evidence that validates the claims of Christianity. A unique apologetic that speaks to readers’ intense interest in detective stories, Cold-Case Christianity inspires readers to have confidence in Christ as it prepares them to articulate the case for Christianity.

Palliative Medicine and Hospice Care, An Issue of Veterinary Clinics: Small Animal Practice - E-Book

Author: Tami Shearer

Publisher: Elsevier Health Sciences

ISBN: 1455709158

Category: Medical

Page: 240

View: 7119

Introducing one of the first primers on palliative and hospice care for the small animal veterinarian! Guest edited by Dr. Tami Shearer, this volume will include topics such as: the history of pet hospice, delivery systems of veterinary hospice and palliative care, 5-step pet hospice plan, a veterinarian’s role in helping pet owners with decision making, quality of life assessment techniques, assessment and treatment of pain in life-limiting disease, the role of rehabilitation techniques for hospice and palliative care patients, the role of nutrition and alternative care methods in hospice and palliative care patients, emotional support tips, ethical considerations in life-limiting conditions, case studies, and much more!

French Arbitration Law and Practice

A Dynamic Civil Law Approach to International Arbitration

Author: Jean-Louis Delvolvé,Jean Rouche,Gerald H. Pointon

Publisher: Kluwer Law International B.V.

ISBN: 9041126902

Category: Law

Page: 364

View: 6148

Previous edition, 1st, published in 2003.

The Legacy of Roman Law in the German Romantic Era

Historical Vision and Legal Change

Author: James Q. Whitman

Publisher: Princeton University Press

ISBN: 1400860989

Category: History

Page: 300

View: 4657

Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Proving and Defending Damage Claims

A Fifty-state Guide

Author: James Joseph Brown,Wendy Fleishman

Publisher: Aspen Publishers Online

ISBN: 0735562687

Category: Law

Page: 26

View: 671

Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection

Logically Fallacious

The Ultimate Collection of Over 300 Logical Fallacies (Academic Edition)

Author: Bo Bennett

Publisher: eBookIt.com

ISBN: 1456607375

Category: Education

Page: 360

View: 7631

This book is a crash course in effective reasoning, meant to catapult you into a world where you start to see things how they really are, not how you think they are. The focus of this book is on logical fallacies, which loosely defined, are simply errors in reasoning. With the reading of each page, you can make significant improvements in the way you reason and make decisions. Logically Fallacious is one of the most comprehensive collections of logical fallacies with all original examples and easy to understand descriptions, perfect for educators, debaters, or anyone who wants to improve his or her reasoning skills. "Expose an irrational belief, keep a person rational for a day. Expose irrational thinking, keep a person rational for a lifetime." - Bo Bennett This 2017 Edition includes dozens of more logical fallacies, over a hundred cognitive biases, practice lessons, and some common questions and answers.

Building a Culture of Respect

Managing Bullying at Work

Author: Noreen Tehrani

Publisher: CRC Press

ISBN: 9780203302262

Category: Technology & Engineering

Page: 256

View: 2108

Bullying is an increasing problem in the workplace. It is estimated that five million workers are bullied each year in the UK, and that one in four employees is aware of colleagues being bullied. Bullying creates significant health problems for employees and, despite this, there is a conspicuous absence of published material on why these behaviors occur, how their occurrence can be reduced, and what can be done to help the victims. Building a Culture of Respect focuses on the development of organizational cultures that promote the dignity of all employees, which have the power to reduce the incidence and impact of bullying. The creation of an organizational culture of respect requires an integration of organizational policies, processes and interventions. Written by a group of experienced academics and practitioners, this collective volume allows theory to be integrated with evidence and practice in an approach that can be used to inform organizational management, unions, human resource managers, lawyers, general practitioners, occupational health psychologists and counselors on the most effective ways of addressing bullying at work.

A Legal Primer on Managing Museum Collections, Third Edition

Author: Marie C. Malaro,Ildiko DeAngelis

Publisher: Smithsonian Institution

ISBN: 1588343235

Category: Art

Page: 540

View: 8064

Hailed when it was first published in 1985 as the bible of U.S. collections management, A Legal Primer on Managing Museum Collections offers the only comprehensive discussion of the legal questions faced by museums regarding collections. This revised and expanded third edition addresses the many legal developments—including a comprehensive discussion of stolen art and the international movement of cultural property, recent developments in copyright, and the effects of burgeoning electronic uses—that have occurred during the past twenty-five years. An authorative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections.

Q & A Revision Guide Evidence 2013 and 2014

Author: Maureen Spencer,John Spencer

Publisher: Oxford University Press

ISBN: 0199661952

Category: Law

Page: 288

View: 1679

Q&A Evidence offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

The Death of the American Trial (Large Print 16pt)

Author: Robert P. Burns

Publisher: ReadHowYouWant.com

ISBN: 1459605535

Category:

Page: 352

View: 2797

The American trial looms large in our collective imagination - witness the enormous popularity of Law Order - but it is, in reality, almost extinct. In 2002, less than 2 percent of federal civil cases culminated in a trial, down from 12 percent forty years earlier. And the number of criminal trials also dropped dramatically, from 9 percent of cases in 1976 to only 3 percent in 2002. In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing this rapid decline before we lose one of our public culture's greatest achievements. Burns begins by cutting through all-too-common misinformation about contemporary trials, reminding readers of its essential features and functions. These characteristics, he shows, resulted from a centuries-long process that brought trials to maturity only in the early twentieth century. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions - between idealism and reality, experts and citizens, contextual judgment and reliance on rules - that define American culture. Arguing that many observers make a grave mistake by taking a positive or even complacent view of the trial's demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance. As one federal judge put it, the jury is the ''canary in the mineshaft; if it goes, if our people lose their inherited right to do justice in court, other democratic institutions will lose breath too.'' The Death of the American Trial arrives not a second too soon to spark a rescue operation before trials are relegated to the purely fictional realm of televised drama.