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Analysis of Evidence
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Analysis of Evidence
By
Terence Anderson, David Schum, William Twining
Description
This extensively
revised second edition is a rigorous introduction to the construction
and criticism of arguments about questions of fact, and to the
marshalling and evaluation of evidence at all stages of litigation.
It covers the principles underlying the logic of proof; the uses and
dangers of story-telling; standards for decision and the relationship
between probabilities and proof; the chart method and other methods
of analyzing and ordering evidence in fact-investigation, in
preparing for trial, and in connection with other important decisions
in legal processes and in criminal investigation and intelligence
analysis. Most of the chapters in this new edition have been
rewritten; the treatment of fact investigation, probabilities and
narrative has been extended; and new examples and exercises have been
added. Designed as a flexible tool for undergraduate and postgraduate
courses on evidence and proof, students, practitioners and teachers
alike will find this book challenging but rewarding.
• A
practical, concrete and lively introduction to a basic set of
intellectual skills that have traditionally been neglected in legal
education • Integrates the logic of proof with the law of
evidence and trial practice • New edition places a greater
emphasis on fact investigations, and has been made more ‘user
friendly’ and more flexible for selective use in a variety of
courses, with new material
Contents
1. Evidence and
inference: some food for thought; 2. Fact investigation and the
nature of evidence; 3. Principles of proof; 4. Methods of analysis;
5. The chart method; 6. Outlines, chronologies and narrative; 7.
Analysing the decided case: anatomy of a cause célèbre;
8. Evaluating evidence; 9. Probabilities, weight and probative force;
10. Necessary but dangerous: generalizations and stories in
argumentation about facts; 11. The principles of proof and the law of
evidence; 12. The trial lawyer’s standpoint.
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