Discovery In Legal Decision Making
DOWNLOAD
Download Discovery In Legal Decision Making PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Discovery In Legal Decision Making book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Discovery In Legal Decision Making
DOWNLOAD
Author : B. Anderson
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Discovery In Legal Decision Making written by B. Anderson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
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.
Discovery In Judicial Decision Making
DOWNLOAD
Author : Donald Bruce Anderson
language : en
Publisher:
Release Date : 1992
Discovery In Judicial Decision Making written by Donald Bruce Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Judicial process categories.
Discovery In Judicial Decision Making
DOWNLOAD
Author : Donald Bruce Anderson
language : en
Publisher:
Release Date : 1992
Discovery In Judicial Decision Making written by Donald Bruce Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Judicial process categories.
The Split Up Project
DOWNLOAD
Author : John Zeleznikow
language : en
Publisher:
Release Date : 2010
The Split Up Project written by John Zeleznikow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Most legal decision support systems have generally operated in domains with well-understood norms. Hence reasoning has been represented by a combination of rule-based and case-based reasoning. However, we analyse legal domains in which decision makers are allowed a significant amount of discretion. We argue that if the domain is bounded, and a sufficient number of commonplace cases exist, then the domain can be modelled using Knowledge Discovery from Databases techniques. Whilst we focus upon legal principles for decision making in discretionary legal domains, our goal is to develop theory for constructing legal decision support systems. Our jurisprudential theory is hence applied to a practical legal domain - namely the distribution of marital property following divorce in Australia. We conclude by discussing how we can maintain, update and evaluate the quality of the advice offered by our legal decision support systems.
Structures Of Judicial Decision Making From Legal Formalism To Critical Theory
DOWNLOAD
Author : Roy Lavon Brooks
language : en
Publisher:
Release Date : 2005
Structures Of Judicial Decision Making From Legal Formalism To Critical Theory written by Roy Lavon Brooks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Critical legal studies categories.
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."
Globalization Of Discovery
DOWNLOAD
Author : Lucas V.M. Bento
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-21
Globalization Of Discovery written by Lucas V.M. Bento and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-21 with Law categories.
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.
Model Rules Of Professional Conduct
DOWNLOAD
Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
Knowledge Discovery From Legal Databases
DOWNLOAD
Author : Andrew Stranieri
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-03-30
Knowledge Discovery From Legal Databases written by Andrew Stranieri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-30 with Computers categories.
Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit. Issues such as the selection of commonplace cases, the use of discretion as a form of open texture, transformation using argumentation concepts and evaluation and deployment approaches are discussed at length.
Civil Trials Bench Book
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2007
Civil Trials Bench Book written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil procedure categories.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
International E Discovery
DOWNLOAD
Author : Mark Surguy
language : en
Publisher:
Release Date : 2021-07-31
International E Discovery written by Mark Surguy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.
Key takeaways: *Learn new e-discovery techniques and stay competitive.*Offer clients and customers real service in tackling difficult problems.*Cut-through the overwhelming amount of data.*Give regulators and judicial decision-makers exactly what they want.The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts.Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations.Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice.Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis.A must-have addition to the seasoned practitioner's library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.