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"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--
'Scott Turow is master of the legal thriller' – The Guardian Full of suspicion and half-truths, The Burden of Proof is Scott Turow's second Kindle County legal thriller. His first Kindle County thriller, Presumed Innocent, is now a major TV series from Apple TV+ starring Jake Gyllenhaal. One afternoon in late March, Sandy Stern, a brilliant, quixotic defence lawyer, returns home to find his wife Clara dead in the garage. They had been married for thirty-one years. Her suicide note leaves him just four words: 'Can you forgive me?' But on 6 March, Clara had expected to live . . . Praise for Scott Turow: 'Head-and-shoulders above others in the legal thriller genre he created' – The Observer 'A brilliant chronicler of contemporary America' – The Sunday Times 'Turow does legal thrillers better than anyone else' – Irish Independent 'Worthy to be ranked with Dashiell Hammet or Raymond Chandler' – The New York Times 'No one writes better mystery suspense novels than Scott Turow' – Los Angeles Times
This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.
This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.
Presumed Innocent launched Scott Turow's career as one of the pre-eminent legal thriller writers in America and was later adapted to a major feature film starring Harrison Ford. “This one will keep you up at nights, engrossed and charged with adrenaline.” —People The novel tells the story of Rusty Sabicch, chief deputy prosecutor in a large Midwestern city. With three weeks to go in his boss' re-election campaign, a member of Rusty's staff is found murdered; he is charged with finding the killer, until his boss loses and, incredibly, Rusty finds himself accused of the murder.
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in i...
Mark Crossman's text introduces students to argumentation theories associated with testing arguments and reasoning, and encourages the use of these tests of arguments during debating. The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of ?parli? debate. Burden of Proof includes chapters focusing on the following areas: the stock issues associated with arguing propositions of fact, value, and policy; refutation and the strategic considerations pertaining to the duties of the various speakers in a debate; and hints for overcoming anxiety to optimize effective delivery. The text also provides an overview of forensics (competitive speaking) and describes each of the major competitive events and tournament procedures. Written for students in Argumentation and Debate, Burden of Proof could also be used in any course featuring forensics.
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.