Search Results for "the-hearsay-rule"

Hearsay Evidence in Criminal Proceedings

Hearsay Evidence in Criminal Proceedings

  • Author: J R Spencer
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782252940
  • Category: Law
  • Page: 506
  • View: 5109
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The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.

Criminal Evidence

Criminal Evidence

  • Author: Judy Hails
  • Publisher: Cengage Learning
  • ISBN: 0495095818
  • Category: Social Science
  • Page: 528
  • View: 6365
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Designed to serve as a helpful accompaniment to your coursework, Hails's brief and informative text discusses key evidentiary topics common in criminal proceedings within a practical, reader-friendly format that emphasizes real-world applications. The book thoroughly explores constitutional issues essential to the collection and seizure of admissible evidence and legal interrogation, carefully outlining concepts and processes applicable to every state and pointing out where great interstate variation exists or specific state codes may have a strong impact. Full of realistic case scenarios, the text focuses on material that prepares you to apply your knowledge and skills as a working law enforcement professional fully immersed in the realities of today's society. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Evidence

Evidence

  • Author: Steven Emanuel
  • Publisher: Aspen Publishers Online
  • ISBN: 0735562997
  • Category: Law
  • Page: 628
  • View: 8017
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law OutlineFeatures: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

The Hearsay Rule

The Hearsay Rule

  • Author: G. Michael Fenner
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 550
  • View: 3096
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New York Evidence Handbook

New York Evidence Handbook

Rules, Theory, and Practice

  • Author: Michael M. Martin,Daniel J. Capra,Faust F. Rossi
  • Publisher: Aspen Publishers Online
  • ISBN: 9780735529816
  • Category: Law
  • Page: 1102
  • View: 9856
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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.

Handbook of Massachusetts Evidence

Handbook of Massachusetts Evidence

  • Author: Mark S. Brodin,Michael Avery
  • Publisher: Aspen Publishers Online
  • ISBN: 0735560625
  • Category: Law
  • Page: 855
  • View: 6152
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Handbook of Massachusetts Evidence is the premier work in its field. This comprehensive and practical guide to the law of Massachusetts evidence gives you the latest case law and up-to-date information on all evidentiary matters, including:RelevanceNew kinds of scientific and statistical evidenceCharacter evidenceAdmissibility of confessionsPrivileges and disqualifications Domestic Abuse Prevention StatuteExpert testimony In addition, this new updated Eighth Edition has been expanded to cover recent topics such as: Expert testimony and scientific proof Hearsay Developments in criminal trials With detailed reference to all significant Massachusetts and federal cases with a bearing on the law of evidence, this trial attorney's 'bible' provides all the insightful analysis you need for practical, day-to-day use.

Law for the Expert Witness

Law for the Expert Witness

  • Author: Daniel A. Bronstein
  • Publisher: CRC Press
  • ISBN: 9781420046748
  • Category: Law
  • Page: 230
  • View: 7434
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Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter in advance of the trial itself, the chapters cover legal paperwork, disclosure, depositions, discovery, and the penalties incurred due to any failure to comply with these rules. New material regarding amendments to the Federal Rules of Civil Procedure is included as they concern required disclosure early in the litigation process and the disclosure of electronic information. The second section addresses evidentiary issues. Photographs and diagrams illustrate the modern physical arrangement of a courtroom and the use of exhibits and demonstration. Updated case studies and examples of relevant court decisions demonstrate newly settled issues regarding who is an expert and when one can testify. The third section presents tips and hints from the authors own extensive experience as a trial lawyer. Suggestions regarding organization of narrative direct testimony and withstanding cross examination are beneficial for all but the most experienced professional witness. Appendices reflect recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence, both instruments largely applicable in most states. Presenting authoritative information available from no other source, as well as analysis and application of the latest federal rules of procedure, Law for the Expert Witness provides a crucial tool for the confidence and preparation of those who might one day find themselves testifying in court.

Evidence

Evidence

Examples & Explanations

  • Author: Arthur Best
  • Publisher: Aspen Publishers Online
  • ISBN: 0735584796
  • Category: Law
  • Page: 301
  • View: 3364
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The #1 study guide for Evidence is now in its Seventh Edition. Examples & Explanations: Evidence is the go-to resource for any student struggling to understand the concepts and rules of evidence as described in their casebook. the Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material. A leader in its field, Examples & Explanations: Evidence features: clear and concise introductions to the concepts and Rules of Evidence examples with questions that start out simply and gradually build in complexity thorough explanations of how to analyze the questions in the examples a "plain language" version of the Federal Rules of Evidence, complete with new amendments to the Rules generous use of visual aids--tables and charts--that illustrate key concepts Still fewer than 350 pages, the Seventh Edition includes: discussion of Giles v. California, concerning Hearsay and the Confrontation Clause analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement a new chart that illustrates character evidence with regard to the propensity inference Examples & Explanations: Evidence, Seventh Edition, is a current and time-proven resource that you can recommend to your students with confidence.

Australian Principles of Evidence

Australian Principles of Evidence

  • Author: Gans,Andrew Palmer
  • Publisher: Cavendish Publishing
  • ISBN: 1843142023
  • Category: Law
  • Page: 560
  • View: 6701
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This book sets out the rules of evidence, as they apply in Australian courts, in a manner designed to be highly accessible and readily comprehensible. Equal treatment is given to both the uniform evidence legislation - now applicable in Federal Courts and in the courts of the Australian Capital Territory, New South Wales and Tasmania - and the common law that applies in the remaining Australian jurisdictions. This edition has been completely rewritten to take account of major case law and statutory developments since the first edition. It details the key divergences and convergences in the law of evidence across Australia and addresses a number of significant international comparisons. Examples are used throughout the text to illustrate the practical application of the law, while diagrams graphically summarise complex legal issues.