Hearsay

Download or read book The Hearsay Rule written by G. Michael Fenner and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive "Use Notes" explain each foundational element and how to make it work for you. The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works. Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.

Download or read book Hearsay Evidence in Criminal Proceedings written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.

Download or read book STUDENT'S GUIDE TO HEARSAY. written by CLIFFORD. FISHMAN and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book World Criminal Justice Systems written by Richard J. Terrill and published by Routledge. This book was released on 2013 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (p. 639-665) and indexes.

Download or read book Children's Imagination written by Paul L. Harris and published by Cambridge University Press. This book was released on 2022-06-23 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children's imagination was traditionally seen as a wayward, desire-driven faculty that is eventually constrained by rationality. A more recent, Romantic view claims that young children's fertile imagination is increasingly dulled by schooling. Contrary to both perspectives, this Element argues that, paradoxically, children's imagination draws much inspiration from reality. Hence, when they engage in pretend play, envision the future, or conjure up counterfactual possibilities, children rarely generate fantastical possibilities. Their reality-guided imagination enables children to plan ahead and to engage in informative thought experiments. Nevertheless, when adults present children with less reality-based possibilities – via biblical narratives or the endorsement of special beings – children are receptive. Indeed, such imaginary possibilities can infuse their otherwise commonsensical appraisal of reality. Finally, like adults, young children enjoy being absorbed into a make-believe, fictional world but faced with real-world problems calling for creativity, they often need guidance, given their limited knowledge of prior solutions.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Woodstock written by Anita M. Smith and published by Stonecrop. This book was released on 1959 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: