Evidence Based Decision Making: A Review

In today’s era, many of the decisions are based upon gut feeling, intuition, or instinct rather than relied on actual scientific data and facts. It’s important and essential to do the needful based on facts and not feelings for the best possible outcomes. Evidence based decision making in the field of healthcare describes the integration of basic rules of evidence as they evolve into implementation in daily practices. In dentistry, the principles of evidence-based decision making as well as a very common clinical dilemma to make a decision on whether to save and preserve the natural tooth or to extract and replace it with an implant or any sort of prosthesis is often experienced by a clinician easily. The need of evidence plays a very important role in making decisions. It helps provide a better outcome which will result in fewer casualties.

Proper characterisation of the parol evidence rule and its applicability in international arbitration

Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of the lex contractus in international arbitration proceedings. Faithful application of the parol evidence rule as a substantive rule of contractual interpretation ensures that adjudicators arrive at the same interpretation on the same set of facts, thereby promoting uniformity, predictability, and consistency, regardless of the mode of dispute resolution.

Interdisciplinary Forensic Engineering As a Result of Substantial Completion Request: A Case Study

A project owner commonly relies on the contractor and design professional to determine substantial completion of a construction project. If the need arises, the owner may engage independent reviewers. The potential for forensic consulting arises when the contractor fails to provide construction in conformance with the contract documents or when the designer errantly designs, observes, approves, or omits work during the process. If a forensic consultant is engaged near or at completion of the work and reports substantial deviation from the contract documents, the owner must determine how to handle the need for corrective action. The deviations must be categorized and allocated to the responsible parties, and a means and cost to cure such defects are necessary. This paper provides a case study of the forensic review process under Colorado Rules of Evidence, although the rules are substantially similar in other states and on the federal level.

27. Small Claims Track

The Civil Procedure Rules 1998 (CPR) provide for the allocation of claims with a limited financial value to what is known as the small claims track. This is intended to provide a streamlined procedure with limited pre-trial preparation, with very restricted rules on the recovery of costs from the losing party, and without the strict rules of evidence. It is appropriate for the most straightforward types of cases, such as consumer disputes, accident claims where the injuries suffered are not very serious, disputes about the ownership of goods, and landlord and tenant cases other than claims for possession. This chapter discusses provisions of the CPR that do not apply; standard and special directions of the court; determination without a hearing; final hearings in small claims track cases; cost restrictions for claims allocated to the small claims track; and rehearings.

2. An Introduction to the Law of Criminal Evidence and Advocacy

Both prosecutors and defence lawyers must have a good understanding of the rules of criminal evidence and be able to apply the rules in a highly practical way to the issues in a case. This chapter provides a brief introduction to the main evidential rules which are considered further in later chapters. In particular, it addresses the following: the purpose of rules of evidence; the core concepts of relevance, admissibility, and weight; and the different types of evidence.

English-5 Principles of Electronic Evidence in Sharī‘Ah and Law-A Comparative Study

This article is aimed at addressing the issue of principles of electronic evidence from Shari‘ah perspective. As principles of electronic evidence in common law are quite established. But this area is not addressed extensively in Islamic law. Importance of these evidences cannot be denied as most of the lawsuits now a days involve electronic evidence. It has been accepted generally, that rules of evidence for electronic evidence are the same as for physical evidence. So it is very helpful tool to make research in this area in Islamic law. It is also observed that means of proof in English and Islamic law are the same. Present study shall apply Sharī‘ah rules of evidence on electronic evidence and explore their permissibility status from the perspective of Islamic law. Major areas to be explored in this research are oral testimony, documentary evidence and circumstantial evidence.

An epistemological analysis of the use of reputation as evidence

Rules 405(a) and 608(a) of the Federal Rules of Evidence allow the use of testimony about a witness’s reputation to support or undermine his or her credibility in trial. This paper analyses the evidential weight of such testimony from the point of view of social epistemology and the theory of social networks. Together they provide the necessary elements to analyse how reputation is understood in this case, and to assess the epistemic foundation of a reputational attribution. The result of the analysis will be that reputational testimony is extremely weak from an epistemological point of view, and that in many cases there are more reliable substitutes that achieve a similar purpose. The obvious fix, in my view, is to eliminate the use of reputation testimony to support or undermine the credibility, honesty, chastity or peacefulness of a witness

9. Administration of justice

‘Administration of justice’ examines the administration of justice under Islamic law, highlighting the importance of adjudication. The processes of administration of justice in Islamic law have never been static or inflexible but leave room for necessary refinement as the needs of substantive justice demand. Such refinements are left to the jurists and the relevant state authorities to decide in accordance with the sharīʻah. The jurisprudential rules relate to the appointment and role of judges, structure of courts and judicial procedure, rules of evidence, and appeals and judicial reviews. Islamic law also recognizes alternative non-judicial means of settling disputes, such as arbitration or mediation (tahkīm) and amicable settlement or conciliation (sulh).