`Discovery' in Legal Decision-Making

`Discovery' in Legal Decision-Making PDF Author: B. Anderson
Publisher: Springer Science & Business Media
ISBN: 9401705542
Category : Law
Languages : en
Pages : 192

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Book Description
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 PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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" in Judicial Decision-making

Author: Donald Bruce Anderson
Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages : 0

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Book Description


"Discovery" in Judicial Decision-making

Author: Donald Bruce Anderson
Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages :

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Book Description


Michigan Court Rules

Michigan Court Rules PDF Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520

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Book Description


ABA Standards for Criminal Justice

ABA Standards for Criminal Justice PDF Author: American Bar Association
Publisher:
ISBN: 9781570737138
Category : Criminal justice, Administration of
Languages : en
Pages : 151

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Book Description
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Structures of Judicial Decision Making from Legal Formalism to Critical Theory

Structures of Judicial Decision Making from Legal Formalism to Critical Theory PDF Author: Roy Lavon Brooks
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 396

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Book Description
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."

Discovery Problems and Their Solutions

Discovery Problems and Their Solutions PDF Author: Paul W. Grimm
Publisher: American Bar Association
ISBN: 9781604426021
Category : Law
Languages : en
Pages : 616

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Book Description
This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :

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Book Description


December 4, 1979

December 4, 1979 PDF Author: United States. Congress. Senate. Committee on Finance. Subcommittee on Private Pension Plans and Employee Fringe Benefits
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 512

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Book Description