The Burden Of Proof

In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.

"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--

This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.

Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.

COMING IN JUNE AS AN APPLE ORIGINAL SERIES FROM APPLE TV+ STARRING JAKE GYLLENHAAL From #1 New York Times bestselling author and hailed as the most suspenseful and compelling novel in decades, this story brings to life our worst nightmare: that of an ordinary citizen facing conviction for the most terrible of all crimes. Rusty Sabich, family man and the number-two prosecutor of Kindle County, is handed an explosive case--the brutal murder of a woman who happens to be his former lover. A shocking turn of events suddenly transforms him from the accuser into the accused... and plunges him into a nightmare world where nothing seems real and no one can be PRESUMED INNOCENT. It's the stunning portrayal of one man's all-too-human, all-consuming fatal attraction for a passionate woman who is not his wife, and the story of how his obsession puts everything he loves and values on trial--including his own life. It's a book that lays bare a shocking world of betrayal and murder, as well as the hidden depths of the human heart. And it will hold you and haunt you...long after you have reached its shattering conclusion.

A timely and accessible guide to 100 of the most infamous logical fallacies in Western philosophy, helping readers avoid and detect false assumptions and faulty reasoning You’ll love this book or you’ll hate it. So, you’re either with us or against us. And if you’re against us then you hate books. No true intellectual would hate this book. Ever decide to avoid a restaurant because of one bad meal? Choose a product because a celebrity endorsed it? Or ignore what a politician says because she’s not a member of your party? For as long as people have been discussing, conversing, persuading, advocating, proselytizing, pontificating, or otherwise stating their case, their arguments have been vulnerable to false assumptions and faulty reasoning. Drawing upon a long history of logical falsehoods and philosophical flubs, Bad Arguments demonstrates how misguided arguments come to be, and what we can do to detect them in the rhetoric of others and avoid using them ourselves. Fallacies—or conclusions that don’t follow from their premise—are at the root of most bad arguments, but it can be easy to stumble into a fallacy without realizing it. In this clear and concise guide to good arguments gone bad, Robert Arp, Steven Barbone, and Michael Bruce take readers through 100 of the most infamous fallacies in Western philosophy, identifying the most common missteps, pitfalls, and dead-ends of arguments gone awry. Whether an instance of sunk costs, is ought, affirming the consequent, moving the goal post, begging the question, or the ever-popular slippery slope, each fallacy engages with examples drawn from contemporary politics, economics, media, and popular culture. Further diagrams and tables supplement entries and contextualize common errors in logical reasoning. At a time in our world when it is crucial to be able to identify and challenge rhetorical half-truths, this bookhelps readers to better understand flawed argumentation and develop logical literacy. Unrivaled in its breadth of coverage and a worthy companion to its sister volume Just the Arguments (2011), Bad Arguments is an essential tool for undergraduate students and general readers looking to hone their critical thinking and rhetorical skills.