"This new, tenth edition, of Cross and Tapper on Evidence, retains the comprehensive coverage and in-depth insight of previous editions to meet the needs of today's degree, bar and police students, as well as practitioners. It discusses the theory and practice of this field, and provides criticism and comment on the law, drawing on numerous recent cases to illustrate the workings of the law." "It has been fully revised and rewritten to take into account the radical and controversial new Criminal Justice Act 2003. Major changes brought about by the new legislation, including those relating to the effect on acquittals, all the rules relating to character, and the hearsay rule in criminal cases, have been fully incorporated into the text."--BOOK JACKET.
Cross & Tapper continues to provide exceptionally clear and detailed coverage of the modern law of evidence, with an element of international comparison. The foremost authority in the area, it is a true classic of legal literature.
"The thirteenth edition of this ... textbook reflects on all recent changes and developments in this fast-moving subject. In particular, it fully examines new case law relevant to evidence of privilege, character and hearsay. The inclusion of some comparative material provides an excellent basis for the critical appraisal of English law."--Provided by publisher.
Cross on Evidence is an exposition of the law of evidence, which discusses fully both the theory and the practice of the subject, so meeting the needs of students and practitioners alike. The book is written with the inclusion of numerous cases and many references to the great authorities of the past.
Munday's Evidence is a concise yet stimulating introduction to the key areas of the law of evidence. Vibrant and engaging, the book demystifies a traditionally intimidating subject. Careful analysis of the issues, both historic and current, ensures that the text thoroughly explores the 'core' of the subject. Whether used as a primer, core text, or as a reintroduction to the subject, Evidence is the ideal companion for those keen to grasp the core principles and current law of evidence. Online Resources This book is accompanied by online resources, including: - Answer guidance to questions in the text - Useful weblinks - Legal updates
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Judicial and Alternative Forms of Dispute Resolution in England
Author: Neil Andrews
Pubpsher: Mohr Siebeck
Many business disputes are now resolved by settlement negotiations, notably by resort to mediation. Besides, English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. There has also been a resurgence of interest in commercial arbitration. This is part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings. Neil Andrews examines the English system of civil justice succinctly and comprehensively, embracing not only court proceedings but mediation and arbitration. Lawyers throughout Europe and in the wider world will gain practical insight into a major jurisdiction's modern, dynamic, and flexible system of civil justice.
Release on 2015-06-05 | by Jonathan Doak,Claire McGourlay,Mark Thomas
Author: Jonathan Doak,Claire McGourlay,Mark Thomas
Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.
In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law.
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.