`Discovery' in Legal Decision-Making

`Discovery' in Legal Decision-Making
Author: B. Anderson
Publisher: Springer Science & Business Media
Total Pages: 192
Release: 2013-03-14
Genre: Law
ISBN: 9401705542

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This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Discovery Practice

Discovery Practice
Author: Roger S. Haydock
Publisher: Wolters Kluwer
Total Pages: 1134
Release: 2016-01-01
Genre: Law
ISBN: 1454871504

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Discovery Practice, Eighth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement.

Globalization of Discovery

Globalization of Discovery
Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
Total Pages: 469
Release: 2019-11-21
Genre: Law
ISBN: 9041189211

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Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.

eDiscovery for the Legal Professional

eDiscovery for the Legal Professional
Author: Christine Broucek
Publisher: Aspen Publishing
Total Pages: 373
Release: 2019-09-13
Genre: Law
ISBN: 1543816762

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Designed for today’s student, eDiscovery for the Legal Professional introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice of law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field, substantive legal precedent and case studies, procedural changes based on recent revisions to the Federal Rules of Civil Procedure, practical application of eDiscovery tools and resources, discussion of changing technology definitions, usage and trends, and ethical considerations for the legal professional when managing electronic discovery and data. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman terms. Up-to-date discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with Examples and Exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and Key Points that highlight essential concepts and practical applications. Key topics covered include: Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary that helps students with new and unfamiliar vocabulary

Electronic Discovery

Electronic Discovery
Author: Adam I. Cohen
Publisher: Wolters Kluwer
Total Pages: 1846
Release: 2011-12-19
Genre: Law
ISBN: 1454815604

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Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

eDiscovery for the Legal Professional

eDiscovery for the Legal Professional
Author: Christine E. Broucek
Publisher: Aspen Publishing
Total Pages: 442
Release: 2023-09-15
Genre: Law
ISBN: 1543858414

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Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.

Structures of Judicial Decision Making from Legal Formalism to Critical Theory

Structures of Judicial Decision Making from Legal Formalism to Critical Theory
Author: Roy Lavon Brooks
Publisher:
Total Pages: 396
Release: 2005
Genre: Critical legal studies
ISBN:

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To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."