The problem of proof : especially as exemplified in disputed document trials : a discussion of the proof of the facts in courts of law, with some general comments on the conduct of trials /
by Albert S. Osborn ; introd. by John Henry Wigmore
- 2nd ed.
- Delhi : Law and justice publishing co., 2023
- xxiii, 539 p.; 24 cm
Includes index.
Chapter 01. Preparation of Facts Chapter 02. Sifting the Evidence Chapter 03. The Atmosphere of a Trial Chapter 04. Incidental Argument and the Lawyer's Words Chapter 05. Advocacy Chapter 06. Persuasion and Practical Psychology in Courts of Law Chapter 07. "Off the Record" Influences and Verdicts Compromises and Settlements Chapter 08. System, Method and Tendencies Chapter 09. The Aid of the Specialist Chapter 10. The Specialist of a Witness Chapter 11. Co-operation of Attorney and Expert Witness Chapter 12. Uninformed "Expert" Witness also Perjurers and Charlatans Chapter 13. Memory and the Proof of the Facts Chapter 14. Circumstantial and Fact Evidence in Disputed Document Cases Chapter 15. The Designing and Lighting of Court Rooms Chapter 16. The New and the old Precedents Chapter 17. The Final Arguments in Disputed Document Cases Chapter 18. The Judge in Disputed Document Trails Chapter 19. A Case Book on Thought and Reasoning Chapter 20. The Disputed Document Problems Chapter 21. Obtaining Standards of Comparison Chapter 22. Photographs in Disputed Document Cases Chapter 23. Cross-examination from the Standpoint of the Witness Chapter 24. Cross-examination from the Standpoint of the Lawyer Chapter 25. Disputed Typewriting Problems Chapter 26. Anonymous Letters and the Law Chapter 27. Handwriting Testimony by Lay Witnesses Chapter 28. Errors in the Identification of Handwriting Chapter 29. Form Blindness, or Defects of Sight in Relation to the Problem of Proof Bibliography Index
This volume is a worthy successor of "Questioned Documents". There is wisdom on every page. It is far more than a book of advice of Document Trials; its ripe wisdom ranges over a wide scope of the practitioner's field. Its emphasis on the study of facts in preparation for trial is pervasive. It contains varied and valuable warnings for both counsel and witness. Chapter XV on Court Rooms, and Chapter XVIII on Judges, are samples of original and candid comments, which deserve the widest circulation. But Chapter V, on Advocacy, is my favorite. It is the climax of the book. The rest could not surpass that mark. I would like to have written that chapter myself, only I could not. It should be read aloud every year before every law class.