Specialist surveyors and plenty of civil engineers needs to comprehend the legislation of obstacles and the facts valuable for effective and exact boundary selection. This re-creation of the preeminent text/reference at the topic is introduced thoroughly brand new, with new fabric at the use of expertise in surveying and its felony ramifications, using forensic investigative ideas within the discovery of obscured facts, new case legislation examples all through, and new shows aid illustrate the strategies presented.Content:
Chapter 1 creation (pages 1–12):
Chapter 2 Definition, Scope, and Nature of proof (pages 13–47):
Chapter three phrases as proof (pages 48–71):
Chapter four facts and expertise (pages 72–85):
Chapter five different kinds or Species of proof (pages 86–133):
Chapter 6 Calculations and Measurements as facts (pages 134–183):
Chapter 7 Plats as facts (pages 184–206):
Chapter eight facts of Water limitations (pages 207–232):
Chapter nine utilizing historic wisdom as facts (pages 233–308):
Chapter 10 Recording and keeping proof (pages 309–328):
Chapter eleven systems for finding barriers defined via phrases (pages 329–367):
Chapter 12 unique Surveys and similar Platting legislation (pages 368–384):
Chapter thirteen Unwritten Transfers of Land possession (pages 385–426):
Chapter 14 promises of identify and site (pages 427–443):
Chapter 15 utilizing and figuring out phrases in Boundary Descriptions (pages 444–498):
Chapter sixteen specialist legal responsibility (pages 499–516):
Chapter 17 expert Stature (pages 517–533):
Chapter 18 The Surveyor in courtroom (pages 534–563):
Chapter 19 The Surveyor, The legislations, and facts: a qualified courting (pages 564–609):
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Extra resources for Evidence and Procedures for Boundary Location, Sixth Edition
DEFINITION, SCOPE, AND NATURE OF EVIDENCE 25 It is this area of evidence that clients, attorneys, and perhaps some judges cannot understand how (and why) two surveyors who use and analyze the same evidence can draw different conclusions, yet once in a while there are rays of hope, one of which was addressed in a federal court: It is a well-known fact that surveyors are apt to differ from each other, and surveyors employed by the United States government are not immune from the frailties of their profession.
Lat. Onus probandi. In the law of evidence. The necessity or duty of afﬁrmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. ” 17 The term also signiﬁes the duty that the party using the evidence has the burden of “going forward” with the evidence. This duty of going forward, in itself, is not evidence, but a rule of law, that the party who is carrying the burden, the plaintiff, must prove his or her case, and the defendant has no burden to prove anything.
A surveyor is concerned about the relevancy of the evidence and not the admissibility of the evidence. PRINCIPLE 2-19 Admissibility of Evidence Admissibility is a legal question involving whether the court will permit relevant evidence to be admitted so as to be heard and considered by the jury. ” 32 Whether evidence is admissible at a trial becomes quite important in that only admissible evidence should be considered by a jury in reaching its decision. There 38 DEFINITION, SCOPE, AND NATURE OF EVIDENCE are many reasons why evidence may be inadmissible, which will not be discussed here.