Proof How to Analyse Evidence in Preparation for Trial, 2nd Edition

Author: Andrew Palmer
Publisher: Lawbook Co.
ISBN: 9780455227382
Published In: February 2010
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the preparation of any matter for trial there are two questions which must always be answered: “What must I prove in order to succeed?” and “How am I going to prove that?”

Now in its second edition, Proof provides clear, simple and easy-to-follow methods for organising and analysing evidence in order to construct the strongest possible case for presentation at trial. Built on solid theoretical foundations, but with a very practical orientation, Proof guides your approach to the evidence from the moment you become involved in a matter to the delivery of the closing address.

Part A deals with some preliminary methods of organisation and analysis, including a number of methods for marshalling evidence in order to facilitate further investigation and evidence gathering, and to facilitate the development of a theory of the case.

Part B covers the selection of a theory of the case and methods for proving it. Between them the chapters cover a variety of techniques and methods, ranging from the preparation of a “case map”, to the development of detailed arguments about evidence, including arguments about the credibility of sources, the drawing of inferences, and the standard of proof. The overall focus, however, is on identifying the arguments to be used in the closing address, and the evidence which will need to be adduced if those arguments are to be made.

Part C deals with the final preparations for trial. The first chapter sets out an approach to questions of admissibility which is fundamentally different from the approach taken in most evidence texts. The final chapter pulls together all the threads of the analysis into a form which can be used to run the trial.

Proof is essential reading for anyone involved in litigation. For students and scholars in the fields of evidence and advocacy, Proof fills the gap between evidence texts focusing on the law of evidence and on the rules of admissibility, and advocacy texts focusing on techniques of trial presentation.