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Functioning of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0003
Subject:
Law, Public International Law

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, ... More


Basic Concepts

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0002
Subject:
Law, Public International Law

This chapter discusses the meaning of basic concepts such as the burden of proof, standard of proof, and presumptions. It explains how those concepts are defined in the common law system, the civil ... More


Burdens of Proof and Presumptions

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0009
Subject:
Law, Family Law

Legal practitioners are aware that the possibility of success in a lawsuit is often highly dependent upon the procedural requirements resulting from the applicable evidentiary rules pertaining to ... More


Aspects of Evidence in International Adjudication

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0004
Subject:
Law, Public International Law

This chapter examines whether commonalities exist in the rules of evidence applied by different international courts and tribunals. It begins by considering the sources of rules of evidence in ... More


Proving the Law

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter explores some contexts in which the law self-consciously applies at least some of the framework for proof of facts to the initial proof of law. The most illuminating context is the ... More


The Rules of Trial, Political Morality, and the Costs of Error: Or, Is Proof Beyond a Reasonable Doubt Doing More Harm than Good?

Larry Laudan

in Oxford Studies in Philosophy of Law: Volume 1

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.003.0006
Subject:
Philosophy, Moral Philosophy

This chapter explores the thesis that the use of the standard of proof beyond a reasonable doubt for trying those accused of violent crimes — especially if such defendants already have a history of ... More


The European Court of Human Rights and Standards of Proof: An Evidentiary Approach towards the Margin of Appreciation

Mónika Ambrus

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0013
Subject:
Law, Public International Law, Comparative Law

Chapter 13 looks at the concept of margin of appreciation through the lens of standard of proof. Based on a close reading of ECtHR case law, the chapter concludes that the concepts of standard of ... More


The Formal Structure of Proof

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter describes the formal structure of proof for facts in the law as involving principles of admissibility (what counts toward establishing a claim), principles of weight or significance (how ... More


Understanding Indeterminacy

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter shows how applying principles of proof to legal propositions clarifies the nature of legal indeterminacy. Legal though often assumes that interpretative uncertainty resulting from ... More


What are the Standards of Proof in Courts of Law?

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0005
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter describes the standard of proof in courts of law. There are two main standards for proof of fact in English and American courts. The plaintiff in a civil case must prove on the balance ... More


Selecting Standards of Proof

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter explores the considerations that enter into the selection of standards of proof for legal claims. It lays out the considerations that have led the American legal system to embrace a ... More


Proof in Interpretation

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter explores, in some concrete settings, how applying principles of proof to legal questions illuminates debates in interpretative theory, using examples drawn both from legal scholarship ... More


Knowledge and persons

Sarah Moss

in Probabilistic Knowledge

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198792154
eISBN:
9780191861260
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198792154.003.0010
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Mind

This chapter applies probabilistic knowledge to problems in legal and moral philosophy. It is argued that legal standards of proof require factfinders to know probabilistic contents. For instance, ... More


Evidence of the Law: Proving Legal Claims

Gary Lawson

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the general structure of proof, how law sometimes recognizes that structure, how it often does not, and what might happen if legal scholars, jurists, and lawyers think about that ... More


Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations

Marco Roscini

in Cyber War: Law and Ethics for Virtual Conflicts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

Existing works on inter-state cyber operations have focused so far on whether such operations are consistent with primary norms of international law and on the remedies available to the victim state ... More


Experts in Hate Speech Cases: Towards a Higher Standard of Proof in Strasbourg?

Uladzislau Belavusau

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0014
Subject:
Law, Public International Law, Comparative Law

Chapter 14 analyses the role that is played by expertise in the recent (2008–2012) hate speech cases decided by the ECtHR. The chapter argues that the Court has worked on the basis of three, not ... More


Deference in the ICC Practice Concerning Admissibility Challenges Lodged by States

Karolina Wierczynska

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0019
Subject:
Law, Public International Law, Comparative Law

This chapter analyses the approach of the ICC in admissibility proceedings initiated by States, concentrating on the same person and same conduct tests, as well as the criteria used to assess the ... More


Justifying the Proof Structure of Criminal Trials

Richard L. Lippke

in Taming the Presumption of Innocence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190469191
eISBN:
9780190469214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190469191.003.0006
Subject:
Law, Criminal Law and Criminology

The proof structure of criminal trials consists of the presumption of innocence, which is to be accorded to the accused, the burden of proof, which is on the government, and the standard of proof, ... More


Principled Criminal Prosecution and Half-Loaves

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0009
Subject:
Law, Criminal Law and Criminology

In some instances, state officials offer defendants substantial waiver rewards because they recognize that the evidence which they have is short of conclusive. It is thought better to secure some ... More


July 2004: Identity Crisis

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0021
Subject:
Law, Family Law

Discusses two cases: Chief Constable of West Yorkshire Police v A [2005] 1 AC 51, in which the House of Lords recognised that a transgender individual must be treated as belonging to her new gender, ... More


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