California Evidentiary Foundations

California Evidentiary Foundations

California Evidentiary Foundations takes the abstract principles of evidence and organizes them into concise statements and illustrates their uses with sample transcripts of the elements being applied in the courtroom. It helps attorneys focus their case around a theme, and understand the theories behind proving up evidence in both civil and criminal cases. California Evidentiary Foundations includes complete references to the California Evidence Code, key cases, legislative history and citations to secondary authorities such as Jefferson, Witkin, C.E.B. texts.

Criminal Evidentiary Foundations

Criminal Evidentiary Foundations

This is the reference your clients would ask you to purchase. Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases. In this convenient single volume with a current supplement, you'll find your questions answered on witness competency, authentication, relevance, credibility, privileges, opinions, hearsay, suppression, the Best Evidence Rule, and more. Whether you are preparing for your first case or you are a seasoned veteran, this treatise will become your most indespensible tool after the Federal Rules of Evidence in your next trial.

New York Evidentiary Foundations

New York Evidentiary Foundations

Learn how to address and overcome evidentiary problems in New York courtrooms. New York Evidentiary Foundations brings New York evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. Included are specific lines of questioning which demonstrate courtroom-proven trial techniques applying New York evidence law.

North Carolina Evidentiary Foundations

North Carolina Evidentiary Foundations

Learn how to address and overcome evidentiary problems in North Carolina courtrooms. North Carolina Evidentiary Foundations brings North Carolina evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. The book includes specific lines of questioning, demonstrating courtroom-proven trial techniques that apply North Carolina evidence law. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Skills & Values: Evidence

Skills & Values: Evidence

Skills & Values: Evidence is one of the first titles in the new Skills & Values Series. The books in this new series are designed to enable professors to assign supplementary practice-oriented material to enrich their students' traditional study. Each book in the series includes robust online content that is delivered through Web Courses. The content for the Teacher's Manual is also posted to the supporting Web Course. The online components of these books add an exciting dimension because they are designed to teach the current media-saturated generation of students in ways that are more effective for them. Skills & Values: Evidence challenges students to apply the substantive content from their Evidence course in a way that helps them see what the doctrinal law of Evidence looks like when it "crosses a lawyer's desk." Each chapter offers a stand-alone exercise which focuses on a particular rule under the Federal Rules of Evidence. The exercises--which often include documents, diagrams, photographs, and trial transcripts--require students to put doctrine into action. Sometimes students are directed to make an argument to the trial court; other times, they are directed to conduct discovery, interview witnesses, examine witnesses on the stand to lay evidentiary foundations, or voir dire those witnesses to weaken the foundation. The materials are designed to allow students to self-assess, thus enhancing the learning experience while allowing professors maximum flexibility to choose the level of their own engagement.

Pluralism in International Criminal Law

Pluralism in International Criminal Law

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.

Philosophical Foundations of Fiduciary Law

Philosophical Foundations of Fiduciary Law

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

The Foundations of International Investment Law

Bringing Theory into Practice

The Foundations of International Investment Law

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Evidence and the Advocate: A Contextual Approach to Learning Evidence

Evidence and the Advocate: A Contextual Approach to Learning Evidence

Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.