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Civil Procedure Commons

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Articles 1 - 6 of 6

Full-Text Articles in Civil Procedure

A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin Dec 2014

A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin

Kevin M. Clermont

In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars. The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …


An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica Dec 2014

An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica

Michael L Seigel

It is rare that a court as sophisticated as the Florida Supreme Court casually makes a fundamental mistake in an important area of the law. Unfortunately, Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009) represents one of these unusual instances. The Court was faced with a simple question: may evidence pertaining to a prior settlement be offered at trial when it is relevant to something other than liability or the invalidity or amount of the pending claim. The universal answer under both federal law and the law of other states is yes, as long as the …


The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis Aug 2014

The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis

Alexander Tsesis

No abstract provided.


La Eficacia De La Delegación De Poderes Contractuales Del Curador A Terceros, Angel Rimascca Huarancca Jul 2014

La Eficacia De La Delegación De Poderes Contractuales Del Curador A Terceros, Angel Rimascca Huarancca

ANGEL RIMASCCA HUARANCCA

No abstract provided.


Lo Que Nos Dejó El Quinto Pleno Casatorio, Fort Ninamancco Córdova Jul 2014

Lo Que Nos Dejó El Quinto Pleno Casatorio, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


La Defensa Posesoria Extrajudicial, Fort Ninamancco Córdova Jun 2014

La Defensa Posesoria Extrajudicial, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.