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Civil Procedure

St. Mary's Law Journal

St. Mary’s Law Journal

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Full-Text Articles in Law

Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza Jan 2017

Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza

St. Mary's Law Journal

Modern society is largely dependent on technology, and legal discovery is no longer limited to hard-copy, tangible documents. The clash of technology and the law is an exciting, yet dangerous phenomena; dangerous because our justice system desperately needs technological progress. The clash between scientific advancement and the search for truth has recently taken an interesting form—government hacking. The United States Government has increasingly used Network Investigation Techniques (NITs) to target suspects in criminal investigations. NITs operate by identifying suspects who have taken affirmative steps to conceal their identity while browsing the Internet. The hacking technique has become especially useful to …


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …


Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr. Mar 1969

Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.

St. Mary's Law Journal

The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …