Evidence Law Adrift,New

Evidence Law Adrift,New

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SKU: DADAX0300206046
Brand: Yale University Press
$35.44 $50.63
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In This Important Book, A Distinguished Legal Scholar Examines How The Legal Culture And Institutions In Angloamerican Countries Affect The Way In Which Evidence Is Gathered, Sifted, And Presented To The Courts. Mirjan Damaska Focuses On The Significance Of The Divided Tribunal (Between Judge And Jury), The Concentrated Character Of Trials ('Dayincourt' Justice), And The Prominent Role Of The Parties In Adjudication (The Adversary System). Throughout He Contrasts The Angloamerican System With Continental, Or Civil Law Justice, Where Lay Fact Finders Sit With Professional Judges In Unified Tribunals, Proceedings Are Episodic Rather Than Concentrated, And The Parties Have Fewer Responsibilities Than In The Commonlaw Tradition.Damaska Describes The Impact Of The Traditional Institutional Environment On The Gathering And Handling Of Evidence In Common Law Jurisdictions And Then Explores Recent Transformations Of This Environment: Trial By Jury Has Dramatically Declined, Pretrial Proceedings Have Greatly Proliferated, The Adversary System Shows Signs Of Weakening In Some Types Of Cases. As A Result, Many Rules And Practices Supporting The Treatment Of Evidentiary Material Are In Danger Of Becoming Extinct. In Addition, Says Damaska, The Increasing Use Of Scientific Methods Of Inquiry Could Place Further Strains On The Use Of Traditional Commonlaw Evidence. In The Future We Should Expect Greater Variety In Decisionmaking Activity, With Factual Inquiries Tailored To The Specific Type Of Proceeding And Commonlaw Evidence Restricted To A Narrow Sphere

⚠️ WARNING (California Proposition 65):

This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

For more information, please visit www.P65Warnings.ca.gov.

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