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Efficient Standard of Proof [PDF]
One of the main functions of evidence law is to demonstrate the applicable standard of proof. In some kinds of evidence, it is not the case because fact finders make decisions according to the probative value of the evidence. In other pieces of evidence,
Iraj Babaei, Shahin Shamiaghdam
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Application of The Burden and Standard of Proof in Corruption Allegations Under ICSID Arbitration
Corruption allegations are a frequently-encountered issue in international investment arbitration. These allegations are mainly used as a defense mechanism by states, aiming to dismiss investors’ assertions in arbitral proceedings, because if corruption ...
Metincan Kaban
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Standards and Methods of Proof
In an erudite and wide-ranging contribution to this Revista, Jacopo Della Torre leverages the analytical power of comparative legal history to illuminate contemporary debates surrounding the standard of proof for criminal convictions.
Paul Roberts
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Evidence Assessment and Standards of Proof: a Messy Issue
The Article addresses three main questions. First: Why do some scholars and decision-makers take evidence assessment criteria as standards of proof and vice versa?
Giovanni Tuzet
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HIERARCHY OR EQUALITY OF STANDARDS OF PROOF IN CRIMINAL PROCEEDINGS AND OTHER BRANCHES OF LAW
The article analyzes a number of works by A.R.Sharipova on the unity and difference of standards of proof and evidence in criminal, civil, arbitration and administrative proceedings.
KHALIKOV Aslyam Nailevich
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“Stop, You’re Killing us!” An Alternative Take on Populism and Public Health; Comment on “The Rise of Post-truth Populism in Pluralist Liberal Democracies: Challenges for Health Policy” [PDF]
Ewen Speed and Russell Mannion correctly identify several contours of the challenges for health policy in what it is useful to think of as a post-democratic era.
Ted Schrecker
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THE INDICTMENT DECISION AS A PROCEDURAL FILTER: LEGAL REQUIREMENTS AND EFFECTIVENESS CRITERIA
This work analyzes the indictment decision carried out in the first stage of the jury procedure. The indictment decision acts as a procedural filter reducing the risk of wrongful convictions by the jury.
Fernando Martinho de Barros Penteado
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Based on the modern achievements of the national science in criminal procedure and the development of the theory of evidence in criminal proceedings, in particular, its standardization, the author examines the theoretical prerequisites for ...
R. M. Balats
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Requiem for the Burden of Proof
The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the introduction of the free assessment of evidence. However, doctrinal and jurisprudential
Jordi Nieva Fenoll
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Preventive detention and standards of proof: proposals for the Brazilian criminal procedure
Based on recent discussions regarding legal epistemology, this paper intends to investigate and propose standards of proof for the decision that decrees preventive detention of the accused in the Brazilian criminal procedure.
Caio Badaró Massena
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