Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Evidence (3)
- Legislation (3)
- Torts (2)
- Abutting landowners (1)
- Actual notice (1)
-
- Black ice (1)
- Catalog’s structure and subject matter (1)
- China (1)
- Civil Law (1)
- Constitutional law (1)
- Constructive notice (1)
- Courts (1)
- Criminal law (1)
- Defenses (1)
- Dichotomy of rules v. standards (1)
- Expert witnesses (1)
- Family resemblance (1)
- General Law (1)
- Interpretation (1)
- Jurisprudence of rules & standards (1)
- Latency (1)
- Law and Society (1)
- Legislative & social benefits (1)
- Litigation (1)
- Managing agents. (1)
- Open and obvious conditions (1)
- Practice and Procedure (1)
- Premises liability (1)
- Prior written notice (1)
- Public Law and Legal Theory (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Evidence
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark Dillon
Hon. Mark C. Dillon
Plaintiffs that are injured as a result of encounters with "black ice," as distinguished from regular ice, face peculiar difficulties in establishing liability against property owners for the dangerous icy conditions on their premises. Black ice results from a unique process under certain conditions by which air bubbles are expelled from water during the freezing process, rendering the ice virtually invisible to the naked eye. Property owners therefore are not typically on actual or constructive notice of black ice conditions as to become subject to the legal requirement of undertaking measures to remedy the conditions. This article explores the law …
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
Indiana Journal of Global Legal Studies
China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …
Catalogs, Gideon Parchomovsky, Alex Stein
Catalogs, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become a …
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.