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Full-Text Articles in Law
Civil Litigation In Spain: How To Practice Evidence In Civil Procedure, Elena Martinez
Civil Litigation In Spain: How To Practice Evidence In Civil Procedure, Elena Martinez
Elena Martinez
Evidence Law and Practice is the key to succeed on a civil procedure. It is possible to have some rights, but if they cannot be proved the desired legal consequences will not be obtained and the proceedings will not finish in a satisfactory manner. In this article we will explain that civil procedure evidence is governed by the dispositive principle and all the principles arising out of it. The rights disputed in civil procedure are private rights, that is, available to the parties. In this regard the parties are entitled to take action and therefore bring a claim, which means …
Crawford, Confrontation And Mental States, Kevin C. Mcmunigal
Crawford, Confrontation And Mental States, Kevin C. Mcmunigal
Kevin C. McMunigal
This essay seeks to explain and help remedy the confusion generated by Crawford v. Washington, the landmark Supreme Court confrontation clause case. Many have taken the Crawford line of cases, the most recent of which came down this past June, to task for lack of clarity and coherence. My thesis is that the primary source of the Crawford cases’ ambiguity is their poor handling of four key mental state questions. I argue that clearer treatment of these is the way out of the current morass. I use criminal law’s treatment of mental state as a foil against which to compare …
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
The System Of Modern Criminal Conspiracy, Steven R. Morrison
The System Of Modern Criminal Conspiracy, Steven R. Morrison
Steven R Morrison
Something has changed in the modern system of American criminal conspiracy law compared to its prior iterations. This article explores that change, arguing that the system of modern criminal conspiracy now gives to the government such great discretion to charge and prove a conspiracy that unpopular ideas and the speech that expresses them have become ready subjects of prosecution. At its center, this article defines the system of modern conspiracy law, which is one of uniformity rather than dynamism. Where dynamic systems of law contain distinct components that perform different tasks (proving actus reus and mens rea, for example), the …