Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Law (2)
- Courts (2)
- Criminal Law and Procedure (2)
- General Law (2)
- Judges (2)
-
- Jurisprudence (2)
- Law and Society (2)
- Legal History (2)
- Practice and Procedure (2)
- Public Law and Legal Theory (2)
- Advocay (1)
- Blameworthiness (1)
- Blameworthy (1)
- Clinical (1)
- Commercial Law (1)
- Common law (1)
- Community standards (1)
- Constitutional Law (1)
- Courtroom (1)
- Criminal law (1)
- Due process (1)
- Evolution of the law (1)
- Fact-finder (1)
- Fourteenth Amendment (1)
- Holmes (1)
- Interplay (1)
- Judge versus jury (1)
- Juries (1)
- Jury (1)
- Law in Science and Science in Law (1)
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Judges
Holmes And The Common Law: A Jury's Duty, Matthew P. Cline
Holmes And The Common Law: A Jury's Duty, Matthew P. Cline
Matthew P Cline
The notion of a small group of peers whose responsibility it is to play a part in determining the outcome of a trial is central to the common conception of the American legal system. Memorialized in the Constitution of the United States as a fundamental right, and in the national consciousness as the proud, if begrudged, duty of all citizens, juries are often discussed, but perhaps not always understood. Whatever misunderstandings have come to be, certainly many of them sprang from the juxtaposition of jury and judge. Why do we have both? How are their responsibilities divided? Who truly decides …
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …
Trials And Tribulations, Curtis E.A. Karnow
Trials And Tribulations, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)