Author: Edward J. Imwinkelried
Release Date: 2018-10-05
California Evidentiary Foundations is the ideal one-volume guide for overcoming common, and not-so-common, evidentiary problems in the courtroom. This accessible, popular manual shows you how to frame predicate questions to gain admission or exclusion of specific types of evidence and includes a list of the foundational elements and examples of specific lines of questioning for establishing these elements. Each foundation is accompanied by a clear explanation of the supporting principles of California evidence law. Packed with proven trial techniques, California Evidentiary Foundations will help you prepare for every evidentiary challenge you may face at trial. 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. The publication helps attorneys focus their case around a theme and understand the theories behind proving up evidence in both civil and criminal cases. This concise manual includes complete references to the California Evidence Code, Rules of Court, key cases, legislative history, and citations to secondary authorities such as Jefferson, Witkin, and CEB texts.
Author: Randolph N. Jonakait
Release Date: 2018-09-21
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.
Author: Edward J. Imwinkelried
Release Date: 2018-12-21
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.
This convenient manual is designed specifically for courtroom use and offers judges and practitioners many trial-tested features that not only provide fast, accurate answers to evidentiary questions, but also guide the user to the underlying authorities and secondary sources. The Kentucky Evidence Courtroom Manual provides current and complete coverage of the Kentucky Rules of Evidence plus: * Authors' Discussion that provides a concise but comprehensive overview of the Rule, authoritative guidance in interpreting the Rule, and pointers for applying the Rule in practice (in many chapters the Discussion contains special features such as Illustrations, Constitutional Considerations, Current Trends, and Ethical Considerations) * Illustrations demonstrating the proper handling of evidentiary issues during trial * Summaries of significant Kentucky and federal cases interpreting each Rule provide support for arguments and decisions required during the course of trial * Selected Kentucky Revised Statutes Annotated * References to additional Kentucky and federal authorities that provide a starting point for research * Comparison of the Kentucky and Federal Rules of Evidence * An appendix containing the Commentary of the Study Committee for the Kentucky Rules of Evidence (also referred to as the Official Commentary or the Kentucky Rules Advisory Committee Commentary
Author: Elies van Sliedregt
Publisher: OUP Oxford
Release Date: 2014-10-02
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Author: Andrew S. Gold
Publisher: OUP Oxford
Release Date: 2014-08-14
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Author: Daniel C. Peterson
Publisher: The Interpreter Foundation
Release Date: 2014-10-12
This is volume 11 (2014) of Interpreter: A Journal of Mormon Scripture published by The Interpreter Foundation. It contains articles on a variety of topics including the resurrection, meat and the Word of Wisdom, Book of Mormon geography, the language of the Book of Mormon, changes in the Book of Mormon, a review of Beam's American Crucifixion, and a look at "nonstandard" Book of Mormon grammar.
Author: John B. Mitchell
Release Date: 2014-01-03
Skills & Values: Evidence is one of the first titles in the new Skills & Values Series. The books in this new series are designed to enable professors to assign supplementary practice-oriented material to enrich their students' traditional study. Each book in the series includes robust online content that is delivered through Web Courses. The content for the Teacher's Manual is also posted to the supporting Web Course. The online components of these books add an exciting dimension because they are designed to teach the current media-saturated generation of students in ways that are more effective for them. Skills & Values: Evidence challenges students to apply the substantive content from their Evidence course in a way that helps them see what the doctrinal law of Evidence looks like when it "crosses a lawyer's desk." Each chapter offers a stand-alone exercise which focuses on a particular rule under the Federal Rules of Evidence. The exercises--which often include documents, diagrams, photographs, and trial transcripts--require students to put doctrine into action. Sometimes students are directed to make an argument to the trial court; other times, they are directed to conduct discovery, interview witnesses, examine witnesses on the stand to lay evidentiary foundations, or voir dire those witnesses to weaken the foundation. The materials are designed to allow students to self-assess, thus enhancing the learning experience while allowing professors maximum flexibility to choose the level of their own engagement.
Chris Kyle diente von 1999 bis 2009 bei den US Navy SEALs und verzeichnete in jener Zeit die höchste Zahl an tödlichen Treffern in der amerikanischen Militärgeschichte. 160 gezielte Liquidationen schreibt ihm das Pentagon offiziell zu. Seine Kameraden nannten ihn "Die Legende", seine Feinde "Teufel" ... In dieser eindringlichen Autobiografie erzählt der geborene Texaner, der 2013 erschossen wurde, die Geschichte seiner außergewöhnlichen Karriere. Nach dem 11. September 2001 wurde er im Kampf gegen den Terror an die Front geschickt und fand seine Berufung als Scharfschütze. Hart und ehrlich spricht Kyle über die Schattenseiten des Krieges und das brutale Handwerk des Tötens. Seine Frau Taya schildert in bewegenden Einschüben, wie der Krieg sich nicht nur auf ihre Ehe und ihre Kinder auswirkte, sondern auch auf ihren Mann. American Sniper ist das Psychogramm eines Scharfschützen und ein fesselnder Augenzeugenbericht aus dem Krieg, den nur ein Mann erzählen kann.
Author: Michael Freeman
Publisher: OUP Oxford
Release Date: 2014-05-29
Genre: Political Science
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.
Author: Cary Coglianese
Publisher: University of Pennsylvania Press
Release Date: 2014-01-06
Genre: Political Science
As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neither a prime job killer nor a key job creator. The challenge for policymakers is to look carefully at individual regulatory proposals to discern any job shifting they may cause and then to make regulatory decisions sensitive to anticipated employment effects. Drawing on their analyses, contributors recommend methods for obtaining better estimates of job impacts when evaluating regulatory costs and benefits. They also assess possible ways of reforming regulatory institutions and processes to take better account of employment effects in policy decision-making. Does Regulation Kills Jobs? tackles what has become a heated partisan issue with exactly the kind of careful analysis policymakers need in order to make better policy decisions, providing insights that will benefit both politicians and citizens who seek economic growth as well as the protection of public health and safety, financial security, environmental sustainability, and other civic goals. Contributors: Matthew D. Adler, Joseph E. Aldy, Christopher Carrigan, Cary Coglianese, E. Donald Elliott, Rolf Färe, Ann Ferris, Adam M. Finkel, Wayne B. Gray, Shawna Grosskopf, Michael A. Livermore, Brian F. Mannix, Jonathan S. Masur, Al McGartland, Richard Morgenstern, Carl A. Pasurka, Jr., William A. Pizer, Eric A. Posner, Lisa A. Robinson, Jason A. Schwartz, Ronald J. Shadbegian, Stuart Shapiro.
Author: Zachary Douglas
Publisher: OUP Oxford
Release Date: 2014-05-01
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Author: Frances K. McSweeney
Publisher: John Wiley & Sons
Release Date: 2014-05-23
This combined survey of operant and classical conditioning provides professional and academic readers with an up-to-date, inclusive account of a core field of psychology research, with in-depth coverage of the basic theory, its applications, and current topics including behavioral economics. Provides comprehensive coverage of operant and classical conditioning, relevant fundamental theory, and applications including the latest techniques Features chapters by leading researchers, professionals, and academicians Reviews a range of core literature on conditioning Covers cutting-edge topics such as behavioral economics