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Hearsay Evidence in Criminal Proceedings

Hearsay Evidence in Criminal Proceedings
Author: J R Spencer
Publisher: Bloomsbury Publishing
Total Pages: 506
Release: 2014-11-01
Genre: Law
ISBN: 1782252932

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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.


STUDENT'S GUIDE TO HEARSAY.

STUDENT'S GUIDE TO HEARSAY.
Author: CLIFFORD. FISHMAN
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9781531012724

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The Hearsay Rule

The Hearsay Rule
Author: G. Michael Fenner
Publisher:
Total Pages: 0
Release: 2013
Genre: Evidence, Hearsay
ISBN: 9781611634556

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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.


The Law of Hearsay Evidence

The Law of Hearsay Evidence
Author: John Bevan Coulson Tregarthen
Publisher:
Total Pages: 172
Release: 1915
Genre: Evidence (Law)
ISBN:

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World Criminal Justice Systems

World Criminal Justice Systems
Author: Richard J. Terrill
Publisher: Routledge
Total Pages: 739
Release: 2013
Genre: History
ISBN: 1455725897

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Includes bibliographical references (p. 639-665) and indexes.


A Student's Guide to Hearsay

A Student's Guide to Hearsay
Author: Clifford S. Fishman
Publisher:
Total Pages: 302
Release: 2007
Genre: Law
ISBN:

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Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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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.


Children's Imagination

Children's Imagination
Author: Paul L. Harris
Publisher: Cambridge University Press
Total Pages: 134
Release: 2022-06-23
Genre: Psychology
ISBN: 1009079840

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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.


The Hearsay Rule

The Hearsay Rule
Author: G. Michael Fenner
Publisher:
Total Pages: 620
Release: 2003
Genre: Law
ISBN:

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"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom." -TRIAL Magazine, December 2003 Hearsay is the most difficult part of an Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. This treatise on hearsay will be invaluable for students, practitioners, and judges -- anyone involved with the law of evidence. Chapter 1 explains the basic concept using both time-tested and brand-new ways of seeing and understanding the subject. Other chapters take a foundational approach to the exclusions and exceptions. One of these chapters includes important new ways to use the residual exception. Yet other chapters take a foundational approach to hearsay exceptions found outside of the rules of evidence, such as exceptions in the Federal Rules of Civil and Criminal Procedure. Fenner offers chapters on multiple levels of hearsay, on evidence that is inadmissible hearsay to one issue and admissible hearsay to another, on the interrelation between the hearsay rule and the competence of witnesses (including ways in which a lawyer with an incompetent witness might be able to use hearsay to get that witness's evidence before the trier of fact), and much more. The Hearsay Rule includes discussions of, and commentary on, ways in which the rules can be used to advance the student's or the advocate's goals and on the many ways various rules interrelate -- topics not commonly addressed in other works. No other treatise gives the student and the lawyer this kind of help with hearsay. "This treatise on hearsay will be invaluable for students, practitioners, judges, or anyone involved with the law of evidence." -McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. "In my experience, it is rare for a law school text to be equally valuable to practitioners and judges. The Hearsay Rule is one of these rare books. Used as a text at a number of law schools, it is organized to provide both a ready reference and an in-depth treatment of the hearsay rule." -Barbara Fritschel, Law Library Journal"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom. . . . The uniformity of his analysis helps the reader develop a construct to evaluate hearsay. . . This book would be a great addition to a new lawyer's collection, and it should be used widely in law schools since it so clearly sets forth the hearsay rule in its various permutations. More experienced lawyers who believe they know it when they se it would benefit from this helpfull refresher." --Trial (December 2003)


Hearsay

Hearsay
Author: Taylor V. Donovan
Publisher: Createspace Independent Publishing Platform
Total Pages: 0
Release: 2014-05-28
Genre: Erotic stories
ISBN: 9781499749526

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Senior associate attorney Derrick Swain wants it all: a loving husband, a fulfilling career, and a couple of kids. After years of hard work he's on the fast track to a promotion. He's also met the man of his dreams. A week of daily lunch meetings in Central Park provides the perfect setting to get to know him better, and Derrick thinks it won't be long before they take the next step and go on a date. But instead of asking him out, the object of his affection stops showing up without explanation, leaving him to wonder what went wrong. As part owner of one of the most prestigious law firms in New York City, Roman Bradford knows that professional success isn't the be all end all. Although he's been lucky in life, true love has eluded him for the most part. One too many failed relationships have caused him to be leery of trying again, until he meets a man that can only be described as temptation personified. A few conversations is all it takes for Roman to start believing things will be different this time around. It doesn't matter that they are boss and employee, or that he's feeling too much, too fast. Not when he can see the same emotions in Derrick's eyes. Then life turns on a dime, and Roman has no option but to let his chance at happiness go. A battle of wills ensues when a life-altering case brings them together a year later. Roman wants to do the right thing by not letting anything happen between them, and Derrick is determined to prove they're meant to be together. Evidence will be presented and final arguments will be made. Will they be able to come to an agreement, or will they opt to have their potential relationship dismissed?