Evidence Law in UK Law
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The fate of evidence law: Two paths of development
Evidence law was famously deemed ‘the child of the jury’, its development widely perceived as a by-product of the jury trial. Conventional wisdom tells us that juries, because of their cognitive an...
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The peculiarity of American evidence law: An outsider's observation and reflection
American evidence law is puzzling. It is essentially a large class of exclusionary rules barring certain types of otherwise relevant evidence from reaching the trier of fact at trial, although the ...
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The influence of Professor J.H. Wigmore on evidence law in Australia
Professor John Henry Wigmore (1863–1943) was an immensely significant international jurist. Much has been written about his accomplishments and scholarship and his influence on Anglo-American juris...
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Simply Unconvincing: The High Court on Probative Value and Reliability in the Uniform Evidence Law
Exclusion of evidence when its probative value is exceeded by its risk of creating unfair prejudice has long been a fundamental safeguard against unfair trials and wrongful convictions. In 2016, IM...
- Generalised Rules of Fairness in Evidence Law
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Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials
This article explores the true nature of authentication of tangible evidence in English law and kindred jurisdictions. It first identifies general principles governing the respective roles of judge...
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Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law
This article contrasts policy advocacy of alternative dispute resolution, and demonization of lawyers and court proceedings in family law, with research evidence that calls those policy positions i...
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Inter-agency evidence sharing in competition law enforcement
While transnational antitrust enforcement is becoming only more common, the access to foreign-based evidence remains a considerable practical challenge. This article appraises considerations and co...
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Case Management, Similar Fact Evidence in Civil Cases, and a Divided Law of Evidence
It is widely assumed that, by virtue of their acquired professional skills, judges are markedly better than jurors at performing complex adjudicative tasks and that they are less susceptible to the...
- Review: A Philosophy of Evidence Law—Justice in the Search for Truth
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