Pretrial Discovery and the Adversary System

Pretrial Discovery and the Adversary System PDF Author: William A. Glaser
Publisher: Russell Sage Foundation
ISBN: 1610446321
Category : Law
Languages : en
Pages : 317

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Book Description
Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.

Pretrial Discovery and the Adversary System

Pretrial Discovery and the Adversary System PDF Author: William A. Glaser
Publisher: Russell Sage Foundation
ISBN: 1610446321
Category : Law
Languages : en
Pages : 317

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Book Description
Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.

Pretrial discovery and the adversary system, foreword by E.Warren

Pretrial discovery and the adversary system, foreword by E.Warren PDF Author: William A. Glaser
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages :

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Book Description


Pretrial discovery and the adversary system [by] William A. Glaser. Foreword by Chief Justice Earl Warren

Pretrial discovery and the adversary system [by] William A. Glaser. Foreword by Chief Justice Earl Warren PDF Author: William A. Glaser
Publisher:
ISBN:
Category :
Languages : en
Pages : 300

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Book Description


Criminal Discovery

Criminal Discovery PDF Author: Cosmas Moisidis
Publisher: Institute of Criminology
ISBN: 9780975196779
Category : Law
Languages : en
Pages : 302

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Book Description
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.

The Adversary System

The Adversary System PDF Author: Stephan Landsman
Publisher: American Enterprise Institute Press
ISBN:
Category : Law
Languages : en
Pages : 72

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Book Description


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.

The Economics of Pretrial Discovery

The Economics of Pretrial Discovery PDF Author: George B. Shepherd
Publisher:
ISBN:
Category : Costs (Law)
Languages : en
Pages : 440

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Book Description


The Problem of Discovery in Criminal Cases

The Problem of Discovery in Criminal Cases PDF Author: Joint Committee on Continuing Legal Education (U.S.)
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 78

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Book Description


American Civil Procedure

American Civil Procedure PDF Author: Geoffrey C. Hazard
Publisher: Yale University Press
ISBN: 9780300065046
Category : Law
Languages : en
Pages : 244

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Book Description
From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

Complex Litigation and the Adversary System

Complex Litigation and the Adversary System PDF Author: Jay Tidmarsh
Publisher: West Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 116

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Book Description
A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system's constraints on judicial power. One volume.