By Terence Anderson, David Schum, William Twining
This commonly revised moment version covers the fundamental suggestions and rules underlying the common sense of evidence; the makes use of and risks of story-telling; chances and evidence; the chart technique and different tools of reading and ordering proof. they're used in fact-investigation, getting ready for trial, and in reference to different very important judgements in felony techniques and legal research and intelligence research. lots of the chapters within the new version were rewritten; the remedy of truth research, possibilities and narrative has been prolonged; and new examples and workouts were extra.
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Additional info for Analysis of Evidence (2nd Edition) (Law in Context)
H. edu 1 For full references see References at pages 388–95 below. xxxii 1 Evidence and inference: some food for thought A. Introduction The ﬁeld of evidence is no other than the ﬁeld of knowledge. (Bentham, An Introductory View, Chapter 1) Evidence is the basis of justice: exclude evidence, you exclude justice. (Bentham, Rationale of Judicial Evidence, Part III, Chapter 1) In this chapter we present some concrete examples and exercises that introduce the main questions and the basic concepts that are involved in analyzing evidence.
My dear boy,” he purred, “although human intercourse is well-nigh impossible without inference, most inferences are usually wrong. ” I picked up my check and eased out from behind the table. “I suppose you are referring to cross-examination of witnesses in court. ” he retorted. ” He followed me down the aisle to the cashier’s booth. I paid my check and waited impatiently while he searched in an old-fashioned change purse, ﬁshing out coins one by one and placing them on the counter beside his check, only to discover that the total was insufﬁcient.
Does your response with respect to each hypothesis involve top-down or bottom-up reasoning or both? 3 Top-down reasoning, as illustrated in the above ﬁctitious example, is very common in fact investigation in law. Suppose your ﬁrm represents a client who claims that her arm was broken when she slipped and fell down the stairs in the building where her doctor has his ofﬁce. You have determined that the ﬁrm must show that the owner or manager of the building breached a duty of care to warn persons who might use the stairs of any unusual conditions that might cause an injury.
Analysis of Evidence (2nd Edition) (Law in Context) by Terence Anderson, David Schum, William Twining