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Evidence (Law) --- Burden of proof --- Preuve (Droit) --- Fardeau de la preuve --- Burden of proof. --- Law. --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Onus probandi --- Proof, Burden of --- Law and legislation --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Presumption of innocence --- Prova (Dret) --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis
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The volume covers different theoretical approaches to legal evidence including the nature and function of evidence, proof, and law of evidence. It also covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race.
Prova (Dret) --- Dret --- Filosofia. --- Filosofia del dret --- Filosofia jurídica --- Lleis --- Lleis (Filosofia) --- Teoria del dret --- Dret natural --- Jurisprudència --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Teoria --- Filosofia --- Evidence (Law) --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel
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This book presents a well-defined analysis of the basic principles of evidence deriving them from the general rule of procedure requiring a "fair trial", which is a fundamental human right. The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies. Specific practice in special situations of certain tribunals such as the ICJ and the ICTY, as well as other issues, such as the flexibility shown in dealing with differences in tribunal practice in relation to the applicable principles are discussed in considerable detail in the second section. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying comparative and international law.
International courts. --- Evidence (Law) --- Actions and defenses. --- Actions and defenses --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Judicial process --- Estoppel --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Law and legislation --- Accions i defenses (Dret) --- Prova (Dret) --- Tribunals internacionals --- Evidència (Dret) --- Testimoniatge (Prova) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Acció (Dret) --- Accions (Dret) --- Accions civils --- Accions processals --- Defensa (Dret) --- Defenses processals --- Dret processal --- Procediment civil --- Recursos (Dret)
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Satellite technologies are rapidly improving, offering increased opportunities for monitoring laws, and using images as evidence in court. Evidence from Earth Observation Satellites analyses whether data from satellite technologies can be a legally reliable, effective evidential tool in contemporary legal systems. This unique interdisciplinary volume brings together leading experts from academia, government, international institutions, industry and judiciary to consider many emerging issues surrounding the use of these technologies in legal strategies. Issues examined include the opportunities arising from technological developments, existing regulatory applications and operational experiences, and admissibility in courts and tools for ensuring the integrity of evidence. It also examines privacy impacts under existing legislation and provides a new conceptual framework for debating the acceptability of such surveillance methods.
Artificial satellites in remote sensing --- Evidence (Law) --- Law --- Intelligence service. --- LAW / Evidence --- Counter intelligence --- Counterespionage --- Counterintelligence --- Intelligence community --- Secret police (Intelligence service) --- Public administration --- Research --- Disinformation --- Secret service --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Space law --- Law and legislation. --- Data processing. --- Dret --- Prova (Dret) --- Servei d'intel·ligència --- Satèl·lits artificials en teledetecció --- Informàtica --- Dret i legislació --- Teledetecció --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis
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In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.
Empiricism. --- Evidence (Law). --- Evidence. --- Prova (Dret) --- Dret --- Proof --- Belief and doubt --- Faith --- Logic --- Philosophy --- Truth --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Experience --- Knowledge, Theory of --- Rationalism --- Filosofia del dret --- Filosofia jurídica --- Lleis --- Lleis (Filosofia) --- Teoria del dret --- Dret natural --- Jurisprudència --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Filosofia --- Teoria --- Burden of Proof. --- Epistemology. --- Evidence and Public Policy. --- Expertise. --- Experts. --- Facts and Public Policy. --- Proof. --- Scientific Evidence. --- Testimony. --- Truth.
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This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
Private international law. --- Conflict of laws. --- Law—Philosophy. --- Law. --- Political science. --- Criminal justice, Administration of. --- Private International Law, International & Foreign Law, Comparative Law . --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Criminal Justice. --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law and legislation --- Civil law --- Philosophy. --- Prova (Dret) --- Dret --- Filosofia --- Filosofia del dret --- Filosofia jurídica --- Lleis --- Lleis (Filosofia) --- Teoria del dret --- Dret natural --- Jurisprudència --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Teoria
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This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.
Forensic orations. --- Philosophy --- Philosophy & Religion --- Arguments, Legal --- Legal arguments --- Oral pleading --- Speeches, addresses, etc. --- Trial practice --- Forensic oratory --- Philosophy of law. --- Mass media --- Artificial intelligence. --- Semantics. --- Education --- Philosophy of Law. --- IT Law, Media Law, Intellectual Property. --- Artificial Intelligence. --- Educational Philosophy. --- Formal semantics --- Semasiology --- Semiology (Semantics) --- Comparative linguistics --- Information theory --- Language and languages --- Lexicology --- Meaning (Psychology) --- AI (Artificial intelligence) --- Artificial thinking --- Electronic brains --- Intellectronics --- Intelligence, Artificial --- Intelligent machines --- Machine intelligence --- Thinking, Artificial --- Bionics --- Cognitive science --- Digital computer simulation --- Electronic data processing --- Logic machines --- Machine theory --- Self-organizing systems --- Simulation methods --- Fifth generation computers --- Neural computers --- Law and legislation. --- Philosophy. --- Political science. --- Mass media. --- Law. --- Education—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Artificial intelligence --- Intel·ligència artificial --- Semàntica (Filosofia) --- Prova (Dret) --- Lògica jurídica. --- Educació --- Dret i legislació. --- Filosofia. --- Intensió (Filosofia) --- Significació (Filosofia) --- Anàlisi (Filosofia) --- Definició (Filosofia) --- Filosofia moderna --- Llenguatge i llengües --- Lògica matemàtica --- Positivisme lògic --- Semiòtica --- Significació (Psicologia) --- Simbolisme --- Símbols --- Filosofia de l'educació --- Dret i lògica --- Lògica i dret --- Raonament jurídic --- Argumentació jurídica --- Dret --- Jurisprudència --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Dret i intel·ligència artificial --- Intel·ligència artificial en dret --- Intel·ligència artificial i dret --- Filosofia --- Metodologia --- Interpretació --- Aplicacions al dret --- Informàtica
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