The Burden of Proof PDF Download

Author: Philip M. Halpern
Publisher:
ISBN: 9781641056700
Category : Burden of proof
Languages : en
Pages :

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Book Description
"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--

Author: Scott Turow
Publisher: Farrar, Straus and Giroux
ISBN: 1429957751
Category : Fiction
Languages : en
Pages : 640

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Book Description
In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.

Author: Dale A. Nance
Publisher: Cambridge University Press
ISBN: 1316539032
Category : Law
Languages : en
Pages : 345

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Book Description
Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

Author: Mojtaba Kazazi
Publisher: BRILL
ISBN: 9004638261
Category : Law
Languages : en
Pages : 430

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Book Description
This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.

Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1107046629
Category : Computers
Languages : en
Pages : 321

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Book Description
This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

Author: Robert Arp
Publisher: John Wiley & Sons
ISBN: 1119167906
Category : Philosophy
Languages : en
Pages : 449

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Book Description
A timely and accessible guide to 100 of the most infamous logical fallacies in Western philosophy, helping readers avoid and detect false assumptions and faulty reasoning You’ll love this book or you’ll hate it. So, you’re either with us or against us. And if you’re against us then you hate books. No true intellectual would hate this book. Ever decide to avoid a restaurant because of one bad meal? Choose a product because a celebrity endorsed it? Or ignore what a politician says because she’s not a member of your party? For as long as people have been discussing, conversing, persuading, advocating, proselytizing, pontificating, or otherwise stating their case, their arguments have been vulnerable to false assumptions and faulty reasoning. Drawing upon a long history of logical falsehoods and philosophical flubs, Bad Arguments demonstrates how misguided arguments come to be, and what we can do to detect them in the rhetoric of others and avoid using them ourselves. Fallacies—or conclusions that don’t follow from their premise—are at the root of most bad arguments, but it can be easy to stumble into a fallacy without realizing it. In this clear and concise guide to good arguments gone bad, Robert Arp, Steven Barbone, and Michael Bruce take readers through 100 of the most infamous fallacies in Western philosophy, identifying the most common missteps, pitfalls, and dead-ends of arguments gone awry. Whether an instance of sunk costs, is ought, affirming the consequent, moving the goal post, begging the question, or the ever-popular slippery slope, each fallacy engages with examples drawn from contemporary politics, economics, media, and popular culture. Further diagrams and tables supplement entries and contextualize common errors in logical reasoning. At a time in our world when it is crucial to be able to identify and challenge rhetorical half-truths, this bookhelps readers to better understand flawed argumentation and develop logical literacy. Unrivaled in its breadth of coverage and a worthy companion to its sister volume Just the Arguments (2011), Bad Arguments is an essential tool for undergraduate students and general readers looking to hone their critical thinking and rhetorical skills.

Author: Davis Bunn
Publisher: Revell
ISBN: 1493426591
Category : Fiction
Languages : en
Pages : 320

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Book Description
Three weeks after his twenty-third birthday, Ethan missed the chance to save his brother's life when he was murdered on the steps of the courthouse in Jacksonville, Florida. Ever since that fateful day, Ethan has sensed a deep disconnect between the man he should have been and the one he has become. His days play out a beat too slow, his mind replaying the scene of his failure again and again. But when his brother's widow appears, asking for his help in uncovering what was really behind his brother's death, Ethan is stunned to hear that she and her late husband were involved in a much larger case than he knew--one that threatens the global power structure. As Ethan joins the search for answers, he will enter into his own past--and discover a means of redeeming his future. Bestselling and award-winning author Davis Bunn invites you into a world of intrigue as a man held captive by his failure learns how to move forward with hope.

Author: Mark Crossman
Publisher: Custom Publishing Company
ISBN: 9780759361898
Category : Debates and debating
Languages : en
Pages : 0

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Book Description
Mark Crossman's text introduces students to argumentation theories associated with testing arguments and reasoning, and encourages the use of these tests of arguments during debating. The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of ?parli? debate. Burden of Proof includes chapters focusing on the following areas: the stock issues associated with arguing propositions of fact, value, and policy; refutation and the strategic considerations pertaining to the duties of the various speakers in a debate; and hints for overcoming anxiety to optimize effective delivery. The text also provides an overview of forensics (competitive speaking) and describes each of the major competitive events and tournament procedures. Written for students in Argumentation and Debate, Burden of Proof could also be used in any course featuring forensics.

Author: Jasmina Mačkić
Publisher: BRILL
ISBN: 9004359850
Category : Law
Languages : en
Pages : 325

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Book Description
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.

Author: DiAnn Mills
Publisher: NavPress
ISBN: 1496427076
Category : Fiction
Languages : en
Pages : 416

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Book Description
Reeling from a negotiation gone wrong, FBI Special Agent April Ramos is caught off guard when a frazzled young woman shoves a crying baby into her arms, then disappears. Worry for the child’s safety quickly turns to fear when a man claiming to be the girl’s father abducts them at gunpoint. April puts her hostage negotiation skills to use to learn more about who she’s dealing with: Jason Snyder, a fugitive accused of murder. As Jason spins a tall tale about being framed for the killing of his business partner, April must sort through his claims to find the truth. A truth that becomes all the more evident after April overhears a conversation between Jason and the local sheriff and realizes something more sinister may be happening in their small town of Sweet Briar, Texas. But aligning herself with a known fugitive to uncover the burden of proof could cost April her job . . . or worse, her life and the lives of other innocent people.