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Vol 24 No 2 Feb/March 2019

Book of the Month

Cover of Pensions Law Handbook

Pensions Law Handbook

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Raitt On Evidence: Principles, Policy and Practice 3rd ed

Edited by: Eamon Keane, Fraser Davidson

ISBN13: 9780414032958
Previous Edition ISBN: 9780414018327
Published: August 2018
Publisher: W. Green
Country of Publication: Scotland
Format: Paperback
Price: £38.00

In stock.

As with the previous edition this title focuses on how the key features of the adversarial system influence the way that evidence is gathered, assessed and used in the civil and criminal courts.

Evidence: Principles, Policy and Practice provides broad coverage of the principles and concepts of evidence and sets these within a contemporary policy context. It takes account of the growing body of law from the European Court of Human Rights, considers the particular impact this has had on our adversarial system of justice, and anticipates areas of future development and law reform. This new 3rd Edition is completely updated and contains significant discussion over the ongoing issue of corroboration.

Case law and statutory provisions are discussed to illustrate principles, as well as to present strategies and arguments and to identify the scope for reform. The text is designed to meet the needs of both law students and legal practitioners.

Scots Law
The adversarial system
Oral testimony- fact construction- judicial discretion- impact of ECHR jurisprudence
Concepts of evidence: relevancy- admissibility and exclusionary rules- sufficiency and corroboration

The role and status of witnesses
Witnesses: competence and compellability- credit and cross-examination-reliability and weight
Children and other vulnerable witnesses
Expert witnesses and opinion evidence

The process of proof
Proof: burdens of proof, standard of proof, presumptions and judicial knowledge
Corroboration: Moorov doctrine / distress
Conduct of the proof or trial

The exclusionary rules
Improperly obtained evidence:confessions and goods
Character, including sexual history evidence
Privilege, including legal professional privilege and public interest immunity