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Evidence Essentials, now in its third edition, is an invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of the law of evidence in Scotland and is the ideal text for students who come new to the subject and for those preparing for exams. This book is also an excellent resource for those who need to refresh or update their knowledge. Summary sections of Essential Facts and Essential Cases will help students to identify, understand and remember the key elements of the subject.

Evidence (Law) --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel

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In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere

Evidence (Law) --- Law, General & Comparative --- Law, Politics & Government --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel

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This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Evidence (Law) --- Study and teaching --- Law --- General and Others --- Evidence (Law) - United States. --- Evidence (Law) - Study and teaching - United States. --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel

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L'importance que revêtent l'aveu et le témoignage dans le droit et les sociétés médiévale et moderne s'explique par la volonté des juges de trouver la preuve, élément essentiel pour prononcer la sentence attendue par les victimes, les prévenus, le corps social : du point de vue étymologique, « prouver » signifie mettre à l'épreuve, établir la vérité au nom de la justice et de l'équité. Dans le cadre des enquêtes, dont l'usage se développe à partir de la seconde moitié du XIIIe siècle pour toutes sortes d'objets (judiciaire, administratif, fiscal, foncier), la parole des témoins prend la forme et le nom d'une confession, et l'enquête se donne pour objet d'atteindre, par ce biais, la « vérité ». L'intérêt prêté à cette forme du discours par les historiens du droit et des institutions rend compte d'une forte inclination à saisir les usages du droit savant, la procédure et les preuves légales au sein des villes et des anciens États.

Evidence (Law) --- Burden of proof --- Law, Medieval --- History --- Onus probandi --- Proof, Burden of --- Trial practice --- Presumption of innocence --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Estoppel --- Law and legislation --- preuve --- période moderne --- droit --- Moyen-âge --- aveux

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Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System.

Asylum, Right of --- Emigration and immigration law --- Appellate procedure --- Evidence (Law) --- LAW / Constitutional --- LAW / Public --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Appeal --- Appellate courts --- Civil procedure --- Courts --- Criminal procedure --- Procedure (Law)