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.
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.
Mark Crossman's text introduces students to argumentation theories associated with testing arguments and reasoning, and encourages the use of these tests of arguments during debating. The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of ?parli? debate. Burden of Proof includes chapters focusing on the following areas: the stock issues associated with arguing propositions of fact, value, and policy; refutation and the strategic considerations pertaining to the duties of the various speakers in a debate; and hints for overcoming anxiety to optimize effective delivery. The text also provides an overview of forensics (competitive speaking) and describes each of the major competitive events and tournament procedures. Written for students in Argumentation and Debate, Burden of Proof could also be used in any course featuring forensics.
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.
In John G. Hemry's terrific military science fiction series, a young officer risks everything in his fight for justice . . . Lieutenant Junior Grade Paul Sinclair must adjust to his new position on the warship USS Michaelson--juggling his Legal Officer responsibilities and his personal life, as his relationship with girlfriend Jen Shen intensifies. When an explosion takes out most of Forward Engineering, Sinclair leads the effort to extinguish the fire. He's practically a hero. But when Captain Shen, Jen’s father, is brought in to conduct an investigation, it seems that he’s gunning for his daughter’s suitor. Soon Sinclair uncovers evidence that points to a cover-up—involving a rising star in the officer corps. His evidence is circumstantial, and the suspect is the son of a powerful vice admiral. Sinclair is determined to see justice done, but is he willing to risk his name, his career, and his future among the stars?
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.
"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
