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Civil Procedure

Selected Works

Evidence

Articles 1 - 7 of 7

Full-Text Articles in Law

Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet Jun 2015

Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet

James H. Seckinger

No abstract provided.

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Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein Dec 2012

Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein

Alex Stein

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the parties’ conflicting stories makes most sense in terms of coherence, consilience, causality, and evidential coverage. By applying this method, factfinders should try—and will often succeed—to establish the truth, rather than a statistical surrogate of the truth, while securing the appropriate allocation of the risk of error. Descriptively, we argue that this understanding of the doctrine—the “relative plausibility theory”—corresponds to our courts’ practice. Prescriptively, we argue that the relative-plausibility method is operationally superior …

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The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski Apr 2012

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.

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Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter Dec 2010

Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.

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Evidentiary Issues In The New York City Housing Court, Gerald Lebovits Dec 2009

Evidentiary Issues In The New York City Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

This article covers the essentials of evidence in the New York City Civil Court Housing Part, known as the Housing Court.

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The Death Of The American Trial, Robert Burns Dec 2008

The Death Of The American Trial, Robert Burns

Robert P. Burns

This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.

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Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they …

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