RESTATEMENT OF THE LAW OF CODE OF EVIDENCE

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The Origins Of Adversary Criminal Trial

Author : John H. Langbein
ISBN : 9780191024498
Genre : Law
File Size : 51.24 MB
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The adversary system of trial, the defining feature of the Anglo-American legal procedure, developed late in English legal history. For centuries defendants were forbidden to have legal counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person. The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690's to the 1780's. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Professor Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (including reward-seeking thieftakers and crown witnesses induced to testify in order to save their own necks) the judges of the 1730's decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. Professor Langbein shows how counsel manipulated the dynamics of adversary procedure to defeat the judges design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and instead became an occasion for defense counsel to test the prosecution case.
Category: Law

A Restatement Of Rabbinic Civil Law Laws Of The Paid Bailee Laws Of The Lessee Laws Regarding Labor Laws Regarding Borrowing Of Objects Laws Regarding Stealing Laws Regarding Robbery

Author : Emanuel B. Quint
ISBN : 9652293229
Genre : Law
File Size : 40.86 MB
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Long accepted as the standard code of Jewish law and practice, the Shulhan Aruch was written by Rabbi Joseph Karo in 1565. Now, in an unprecedented restatement of Hoshen haMishpat, one of the four sections of the Shulhan Aruch, Rabbi Emanuel Quint brings fresh insight, modern scholarship, and succinct explication to this brilliant halachic work that will fascinate the educated layperson and advanced scholar alike. With this effort, Rabbi Quint fills the long-felt need to make this material more accessible. A Restatement of Rabbinic Civil Law: Volume IX ? Laws of the Paid Bailee; Laws of the Lessee; Laws Regarding Labor; Laws Regarding Borrowed Objects; Laws Regarding Stealing; Laws Regarding Robbery; Laws of Abiding by the Laws of the Land, continues to open the Shulhan Aruch to the wider audience it deserves. Rabbi Quint, the co-founder of the Jerusalem Institute of Jewish Law, an institute dedicated to the study and dissemination of Jewish civil law, brings his professional expertise to bear on the vast array of Jewish legal processes, procedures and practices encoded here. The reader may be surprised to discover that such a meticulous legal?yet not overly religious?system fits under the category of Jewish law. And yet it does, clearly illustrating that Judaism is not only a religion, but also a culture and community. Beyond a translation, A Restatement of Rabbinic Civil Law provides the author?s own commentary and also incorporates the four centuries of scholarship since the Shulhan Aruch was written, including commentaries and responsa literature. Ample footnotes help guide the reader every step of the way. The result is a comprehensive, well-organized body of rabbinic jurisprudence available to the English reader for the first time. If the Shulhan Aruch can be said to be the distilled essence of Jewish law, then A Restatement of Rabbinic Civil Law triumphs as a major judicial-literary landmark of its own.
Category: Law

A Restatement Of The English Law Of Unjust Enrichment

Author : Andrew Burrows
ISBN : 9780199669905
Genre : Law
File Size : 37.58 MB
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A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.
Category: Law

A Restatement Of The English Law Of Unjust Enrichment

Author : Andrew (hon) Burrows FBA
ISBN : 9780191648755
Genre : Law
File Size : 20.62 MB
Format : PDF, Kindle
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A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.
Category: Law

Tait S Handbook Of Connecticut Evidence

Author : Colin C. Tait
ISBN : 1543804683
Genre : Law
File Size : 62.70 MB
Format : PDF
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In the nine years since the Connecticut Code of Evidence was adopted, the law of evidence has changed. Courts have decided many cases interpreting the Code and have developed the common law of evidence. The legislature has enacted a number of statutes affecting the law, and most recently, the Code itself has been amended. For a complete and balanced picture of all the law affecting the admission of evidence in Connecticut courts--from one of the most knowledgeable experts on the topic--there's only one place to turn: Tait's Handbook of Connecticut Evidence, Sixth Edition. Written by Colin C. Tait, widely regarded as the top authority on Connecticut Evidence Law, and the Hon. Eliot D. Prescott, a Superior Court judge and experienced trial and appellate attorney, this comprehensive treatise provides a complete restatement of the Connecticut Law of Evidence, drawing from the Code, case law, statutes, and court rules of practice. Known for its incisive analysis of the intricacies of the state's evidence rules and unparalleled weight of authority, Tait's Handbook was used as a basis for both the Code provisions and the Commentary, which means there's no one more qualified than Professor Tait to provide analysis and practice strategies on vital issues like these: Relevancy--Examines logical relevance; fairness and efficiency; exclusionary rules based on public policy; the rule against character evidence and its exceptions; and other relevancy problems Privileges--Discusses all common law and statutory privileges, from attorney-client to marital and family, and miscellaneous privileges such as privileges of disabled persons. Includes timely discussion of the new privilege for health care professionals in treatment programs Witnesses--Examines approaches to competency with regard to spouses, children, and hypnotic recollection; direct and cross examination; expert testimony; improper questions and answers; credibility and impeachment; and reliability of identification evidence Hearsay--Offers exhaustive analysis of the Hearsay Rule and its exceptions as applied by the courts in Connecticut, including the medical treatment exception Scientific Evidence and Expert Testimony--Explains the Porter analysis for expert scientific evidence Tait's Handbook of Connecticut Evidence, Sixth Edition covers all relevant developments in case law, standards and procedure, including: Comprehensive discussion of the Connecticut Supreme Court's decision in State v. Dejesus. The future of the Connecticut code of evidence. Inclusion of in-depth discussion of all important new case law. Full integration of the past six years' supplements into the main volume Previous Edition: Tait's Handbook of Connecticut Evidence, Fifth Edition
Category: Law

Administration Of Government Contracts

Author : John Cibinic
ISBN : 9780808014355
Genre : Business & Economics
File Size : 49.25 MB
Format : PDF
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This unbiased analysis of statutes, regulations, and case law clarifies the complex rules of federal procurement policies, explaining the processes that government personnel and contractors must follow in every aspect of government contracting--from inception to completion. Topics include contract administration and personnel, contract interpretation, risk allocation, changes, delays, pricing of adjustments, and much more.
Category: Business & Economics

Rules Of Evidence In International Arbitration

Author : Nathan D O'Malley
ISBN : 9781317974789
Genre : Law
File Size : 56.40 MB
Format : PDF, ePub
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Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.
Category: Law

Rules Of Contract Law

Author : Charles L. Knapp
ISBN : 9781454894520
Genre : Law
File Size : 68.27 MB
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This convenient paperback from a highly respected author team supplements the authors’ own casebook as well as any other casebook for Contracts. It reproduces most sections from the Restatement (Second) of Contracts black-letter text with selected comments, examples, and illustrations; most sections of the Uniform Commercial Code Articles 1 and 2, with more select sections of Articles 2A, 3 and 9; most articles from the United Nations Convention on Contracts for the International Sale of Goods (CISG); and many articles from the UNIDROIT Principles of International Commercial Contracts. This supplement also reproduces excerpts from other relevant source materials and provides accompanying commentary to enhance the study of contract law. Rules of Contract Law (2019 Edition) includes: • Restatement (Second) of Contracts • Restatements of the Law of Agency (Third), Employment Law, and Restitution and Unjust Enrichment (Third) • Principles of the Law of Software Contracts • Uniform Commercial Code Articles 1 and 2 and excerpts from Articles 2A, 3, and 9 • U.N. Convention on Contracts for the International Sale of Goods • UNIDROIT Principles of International Commercial Contracts (2016) • Materials on Electronic Contracting (UCITA, UETA, and E-Sign Act) • Comment on Commercial, Employment, and Consumer Arbitration • Contract Drafting: A Sample Problem Highlights of the 2019 Edition: Expansive coverage of Restatement (Second) of Contracts, but more concise than prior edition Select provisions from other Restatements, including Restitution and Unjust Enrichment (Third), Agency (Third), and Employment, as well as Principles of Law of Software Contracts Expansive coverage of UCC Articles 1 and 2 Expansive coverage of the CISG Commentary on arbitration and contract drafting problems
Category: Law