Law Commons^™

Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet

James H. Seckinger

No abstract provided.

Solving The High Cost Of The "Review" Stage Of Electronic Discovery, Ken Chasse Mr.

Ken Chasse Mr.

The high cost of the "review of documents" stage of electronic discovery can be solved by having the client index the texts in its records system.Then the client's lawyer can search that index, thus combining the accessing and review stages of electronic discovery, but do it with the speed of electronic searching, rather than reading. Thus the same advantages are created as used in legal research: 1. indexing, 2. expert researcher, and, 3. the speed of electronic searching. TAR (technology assisted review) is a faulty strategy in that it depends upon "reading" texts instead of indexing them when created or …

Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein

Alex Stein

This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the parties’ conflicting stories makes most sense in terms of coherence, consilience, causality, and evidential coverage. By applying this method, factfinders should try—and will often succeed—to establish the truth, rather than a statistical surrogate of the truth, while securing the appropriate allocation of the risk of error. Descriptively, we argue that this understanding of the doctrine—the “relative plausibility theory”—corresponds to our courts’ practice. Prescriptively, we argue that the relative-plausibility method is operationally superior …

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery

Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo

Felipe Marín Verdugo

The Chilean judicial procedures went from a written procedure to a hearing-based procedure. This change involved a new design for the trial hearing and, in particular, for the rules of evidence. The meaning of these changes is not yet well understood, making it easier for the survival of former practices of the written system within the new hearing-based system. This paper identifies on of them, which is the exclusion of parties as witnesses.

Admissibility Of Electronic Documents, Curtis E.A. Karnow

Curtis E.A. Karnow

A comprehensive inventory of issues involved in the introduction of electronic evidence, including practical alerts

Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo

Felipe Marín Verdugo

Chilean Family and Labor procedures went from a written procedure to a hearing-based procedure, but judges are still "thinking" within the written procedure scope. This paper identifies one of the consequences of this approach: they are wrongly excluding parties as witnesses. The paper will argue againt this practice.

Evidentiary Issues In The New York City Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

The Death Of The American Trial, Robert Burns

Robert P. Burns

This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim

Frank Pommersheim

The South Dakota Tribal Court Handbook is designed to provide an informative and ready resource for the practicing bar in South Dakota as well as for the tribal and statewide community at large. The overarching objective of this effort is to facilitate ongoing communication, understanding, and respect for tribal courts and tribal court personnel.