Comparative Evidence Law
This book offers a refined overview of the core principles of evidence law from a comparative perspective, contrasting continental legal traditions with U.S. law. It examines fundamental topics such as the right to evidence, admissibility standards, exclusionary rules, expert testimony, party and witness statements, the burden of proof, and the assessment of evidence. These issues are central to the resolution of judicial disputes across civil, criminal, and labour contexts, and, in an increasingly interconnected world, a nuanced understanding of different evidentiary systems is essential. A central aim of this book is to explore the interaction between continental and American evidence law, highlighting processes of mutual influence and convergence: while continental systems have incorporated features characteristic of U.S. evidence law, the American system has also drawn on continental approaches. Particular attention is devoted to expert and scientific evidence, as well as to the expanding role of artificial intelligence in evidentiary practices, both of which are gaining importance within contemporary judicial processes. This book is intended for legal professionals—both European and American—who seek a clearer understanding of the similarities and differences between these systems at a time when cross-jurisdictional engagement makes such knowledge increasingly indispensable.
Joan Picó i Junoy is a Full Professor of Procedural Law at Pompeu Fabra University (Barcelona, Spain), specialising in comparative evidence law. He served as General Reporter at the IAPL World Congress of Procedural Law held in Japan (2021), where he analysed evidentiary systems across 21 jurisdictions under the theme “Challenges of Evidentiary Law.” He is Vice-President of the Ibero-American Institute of Procedural Law and a Council Member of the International Association of Procedural Law. He is currently the Dean of the Faculty of Law at Pompeu Fabra University and was the Director of its Department of Law from 2019 to 2022.
Juan Antonio Andino López is an Associate Professor of Procedural Law at Pompeu Fabra University (Barcelona, Spain), where he teaches and researches, among others, comparative evidence law. He has translated three major works by leading scholars in American and comparative evidence law, contributing to their accessibility in Spanish-language legal scholarship. He is the Vice-President of the Association of Evidentiary and Forensic Law in Spain, and also a Member of the Ibero-American Institute of Procedural Law and a Member of the International Association of Procedural Law.