The Modern Law of Evidence

2020 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Standard Of Proof ◽  
Academic Literature ◽  
Voice Identification ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, documentary and real evidence, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege and judgments as evidence of facts on which they were based.

The Modern Law of Evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Comprehensive Analysis ◽  
Standard Of Proof ◽  
Academic Literature ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

scholarly journals Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

2021 ◽  
pp. 111-119
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Medicinal Product ◽  
Legal Regulation ◽  
National Legislation ◽  
Basic Patent ◽  
Utility Models ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
Definition Of

Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.

The Law of Trusts

2019 ◽  
Author(s):  
JE Penner
Keyword(s):  
Unjust Enrichment ◽  
The Core ◽  
Previous Edition ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
Student Reader ◽  
The Law ◽  
Difficult Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Trusts provides perceptive analysis and original and thought-provoking commentary to give students a grounding in what is considered to be a difficult subject. The book introduces the controversies surrounding the topic in a thought-provoking way, engaging the reader and giving an all-round picture of the key issues relating to the subject. New to this edition, Chapters 3, 5, 11, and 13 (Chapter 12 in the previous edition) have all been significantly revised to reflect recent developments in the law and the academic commentary on, respectively, beneficiaries’ standing to sue and rights to information, resulting trusts, breach of trust, and the law governing fiduciaries. Chapter 12 ‘Restitution, unjust enrichment, and the law of trusts’ is new; it brings together material previously found in other chapters, organising it in a more coherent way for the better appreciation of the student reader, whilst also containing a wholly new discussion of the leading cases and academic commentary in this area of law.

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

2013 ◽  
Vol 38 (02) ◽  
pp. 364-402 ◽  
Author(s):  
Michelle Oberman
Keyword(s):  
Contemporary Literature ◽  
Adolescent Sexuality ◽  
Two Truths ◽  
Academic Literature ◽  
Meaningful Relationship ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Sexual Encounters ◽  
Criminal Justice Response

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

scholarly journals Ethical and policy issues raised by uterus transplants

2019 ◽  
Vol 131 (1) ◽  
pp. 19-28 ◽  
Author(s):  
Laura O’Donovan ◽  
Nicola Jane Williams ◽  
Stephen Wilkinson
Keyword(s):  
Deceased Donor ◽  
Access To Treatment ◽  
Policy Issues ◽  
Uterus Transplantation ◽  
Academic Literature ◽  
International Registry ◽  
Uterine Transplantation ◽  
Key Issues ◽  
Surgical Teams ◽  
Definition Of

Abstract Introduction In 2014, Brännström and colleagues reported the first human live birth following uterine transplantation (UTx). Research into this treatment for absolute uterine factor infertility has since grown with clinical trials currently taking place across centers in at least thirteen countries worldwide. Sources of data This review summarizes and critiques the academic literature on ethical and policy issues raised by UTx. Areas of agreement There is general agreement on the importance of risk reduction and, in principle, to the sharing and maintenance of patient data on an international registry. Areas of controversy There are numerous areas of controversy ranging from whether it is ethically justified to carry out uterus transplants at all (considering the associated health risks) to how deceased donor organs for transplant should be allocated. This review focuses on three key issues: the choice between deceased and living donors, ensuring valid consent to the procedure and access to treatment. Growing points UTx is presently a novel and rare procedure but is likely to become more commonplace in the foreseeable future, given the large number of surgical teams working on it worldwide. Areas timely for developing research Uterus transplantation requires us to re-examine fundamental questions about the ethical and social value of gestation. If eventually extended to transgender women or even to men, it may also require us to reconceptualize what it is to be a ‘father’ or to be a ‘mother’, and the definition of these terms in law.

scholarly journals Uma revisão bibliográfica do tipo scopping/mapping sobre a Agricultura Urbana e Periurbana

2020 ◽  
Vol 12 (6) ◽  
pp. 1242
Author(s):  
Victor Bueno Sellin ◽  
Tania Pereira Christopoulos
Keyword(s):  
Urban Areas ◽  
High Growth ◽  
Well Being ◽  
Urban Dynamics ◽  
Academic Literature ◽  
Sustainable Urbanization ◽  
The Subject ◽  
Definition Of ◽  
Periurban Agriculture ◽  
The Relationship

The world is undergoing an accelerated urbanization process marked by social and environmental imbalances. In this context, urban and periurban agriculture (UPA) emerges as an alternative to sustainable urbanization mainly due to its contribution to food security, reduction of environmental impact, revitalization of urban areas, integration of households and physical and psychological well-being increasing. The purpose of this paper is to understand how academic literature deals with urban and periurban agriculture. For that, a scoping / mapping literature review was carried out and its results were presented after identification of relevant scientific studies on UPA, its main aspects, ways in which the term has been defined; and discussion about themes from the selected articles. After this review, the conclusions are: the scientific production on the subject is undergoing high growth rates in recent years; the relationship between UPA and urban dynamics is more important for the definition of UPA than the location of agriculture; and that the aspects that authors found most interesting are: concept and panorama, urban planning and governance, quantitative potential, environment, risk of contamination and techniques and productivity.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Homeomeric Lines in Greek Mathematics

2010 ◽  
Vol 23 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Fabio Acerbi
Keyword(s):  
Companion Paper ◽  
Future Issue ◽  
Property A ◽  
Straight Line ◽  
Key Issues ◽  
The Subject ◽  
Cosmological Debate ◽  
Greek Mathematics ◽  
Definition Of ◽  
Cylindrical Helix

ArgumentThis article presents ancient documents on the subject of homeomeric lines. On the basis of such documents, the article reconstructs a definition of the notion as well as a proof of the result, which is left unproved in extant sources, that there are only three homeomeric lines: the straight line, the circumference, and the cylindrical helix. A point of particular historiographic interest is that homeomeric lines were the only class of lines defined directly as the extension of a mathematical property, a move that is unparalleled in Greek mathematics. The far-reaching connections between mathematical homeomery and key issues in the ancient cosmological debate are extensively discussed here. An analysis of its relevance as a foundational theme will be presented in a companion paper in a future issue of Science in Context.

scholarly journals DEFINITION OF THE CHARACTERISTIC SIGNS OF THE CONFLICT OF COMPLEX CIRCUMSTANCES

Social Law ◽  
2019 ◽  
pp. 201-207
Author(s):  
V. Rudyak
Keyword(s):  
Social Services ◽  
State Power ◽  
Psychological State ◽  
Life Situation ◽  
The Subject ◽  
Key Features ◽  
Life Circumstances ◽  
The Law ◽  
Definition Of

The article identifies the signs of difficult life circumstances that are enshrined in the Law ofUkraine "On Social Services" and analyzes the scientific positions of scientists on the subject under study.Within the division, the author provided and analyzed his own list of key features that characterizedifficult life circumstances. It is pointed out that the key feature of such life circumstances is theimpossibility of overcoming them by a person on their own, but only by the intervention of another personor authorized bodies of state power. The influence of the psychological state of a person, his emotionalwell-being in characterizing the life situation as difficult, and the importance of complex consideration ofobjective and subjective circumstances, which can characterize the life situation as difficult, are studiedseparately

The Conflict of Laws in India

2019 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Contemporary World ◽  
Territorial Conflicts ◽  
Critical Issues ◽  
Recent Developments ◽  
The Subject ◽  
The Law

Conflict of laws, or private international law, is an increasingly important subject of study due to increasing movement and relocation of large number of people from one jurisdiction to another for personal and professional reasons. This book is a detailed and up-to-date study of conflict of laws and focuses on its three main areas: the law of obligations, law of property, and law of persons. It provides fresh perspectives on the subject and analyses its significance in the dynamic contemporary world. The work not only lucidly examines the inter-territorial conflicts but also lays a special emphasis on inter-personal disputes in the Indian context. It evaluates the role of various international instruments and conventions including The Hague Convention on private international law designed to resolve international conflicts. The book also discusses critical issues such as habitual residence, domicile, and obligations for shaping foreign contracts and torts. This revised edition elaborates on the recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.

Sign in / Sign up

Export Citation Format

Share Document