Description : Murphy on Evidence is firmly established as a leading student text, framing the law of evidence in its practical context, suitable for undergraduates as well as those studying for professional law exams. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book's unique approach effectively bridges the gap between the academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. The text is accompanied by two well-crafted fictional cases - one criminal and one civil - allowing students an opportunity to contextualize and test their growing knowledge. Each chapter presents challenging issues and questions for discussion which can be applied to a suite of supporting case documentation. Online Resource Centre The book is accompanied by an Online Resource Centre, which contains: DT Supporting documents and multimedia resources for the two fictional cases, including: Prosecution and defence case papers Police interviews (incl. transcripts, audio, and video) Witness statements Criminal procedure forms Civil claim forms DT A range of multiple-choice questions enabling students to test their knowledge DT A list of useful web links
Description : Murphy on Evidence is firmly established as a leading student text, framing the law of evidence in its practical context, and is suitable for both undergraduates as well as those studying for professional law exams. Written in an engaging style, it explains the law clearly and provides helpfulcritical commentary on the key issues. Frequently consulted by judges and practitioners, and regularly cited in judgments, Murphy on Evidence has come to be regarded as a work of authority throughout the common law world. The book's unique approach effectively bridges the gap between the academicstudy of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. As in previous editions, the text is accompanied by two well-crafted fictional cases - one criminal and one civil - allowing students an opportunity to contextualize and test their growing knowledge. These are "brought to life' by accompanying video and audio resources. Each chapter presentschallenging issues and questions for discussion which can be applied to a suite of supporting case documentation, which reflect how the law of evidence applies in practice. Online Resource Centre The book is accompanied by an Online Resource Centre, which contains: * Supporting documents and multimedia resources for the two fictional cases, including* Prosecution and defence case papers* Police interviews (incl. transcripts, audio, and video)* Witness statements* Criminal procedure forms* Civil claim forms* A range of multiple-choice questions enabling students to test their knowledge * A list of useful web links
Description : Murphy on Evidence is a leading text for undergraduates and those studying for professional law exams. It bridges the gap between academic and practical treatments of the law of evidence, combining detailed analysis with a wealth of practical information about how the law is applied in the courtroom, illustrated through two realistic case studies.
Description : Fully updated, 'Murphy on Evidence' bridges the gap between the academic and practical treatment of the law of evidence. Written by an author with many years of experience in both practice and teaching, this book contains a comprehensive academic analysis of the law and a wealth of information on how the law is applied.
Description : While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.
Description : Q&A Evidence offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.
Description : This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Description : Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.
Description : Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Description : Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.