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Author : British Columbia Law Institute
Publisher : Unknown
Page : 72 pages
File Size : 46,7 Mb
Release : 2004
Category : Evidence (Law)
ISBN : STANFORD:36105063267103
Author : Margaret M. Koesel,Tracey L. Turnbull
Publisher : American Bar Association
Page : 372 pages
File Size : 50,6 Mb
Release : 2006
Category : Law
ISBN : 1590316223
This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.
Author : Jamie S. Gorelick,Stephen Marzen,Lawrence Solum
Publisher : Wolters Kluwer
Page : 544 pages
File Size : 40,5 Mb
Release : 1995-12-31
Category : Law
ISBN : 9780735545496
A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inference the tort of spoliation discovery sanctions ethics, and routine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.
Author : Margaret M. Koesel,Tracey L. Turnbull
Publisher : American Bar Association
Page : 449 pages
File Size : 40,7 Mb
Release : 2013
Category : Civil procedure
ISBN : 1622722264
Author : Jamie S. Gorelick,Stephen Marzen,Lawrence Solum
Publisher : Aspen Publishers
Page : 516 pages
File Size : 45,5 Mb
Release : 1989-01-01
Category : Law
ISBN : 0471611387
A practice manual as well as an authoritative resource, this book analyzes the issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence discusses in-depth the spoliation inference, the tort of spoliation, discovery sanctions, ethics, and routine destruction.Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review.
Author : Laura Ruhl Genson,Anita Kerezman
Publisher : American Bar Association
Page : 550 pages
File Size : 45,8 Mb
Release : 2006
Category : Business & Economics
ISBN : 1590317602
Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.
Author : National Research Council,Division on Earth and Life Studies,Commission on Life Sciences,Committee on DNA Technology in Forensic Science
Publisher : National Academies Press
Page : 199 pages
File Size : 54,5 Mb
Release : 1992-02-01
Category : Science
ISBN : 9780309045872
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Author : James T. O'Reilly
Publisher : American Bar Association
Page : 290 pages
File Size : 47,8 Mb
Release : 2009
Category : Law
ISBN : 1604423374
Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 40,5 Mb
Release : 2007
Category : Law
ISBN : 1590318730
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.
Author : Byron Sheldrick
Publisher : Wilfrid Laurier Univ. Press
Page : 210 pages
File Size : 48,9 Mb
Release : 2014-02-18
Category : Political Science
ISBN : 9781554589319
Strategic litigation against public participation (SLAPP) involves lawsuits brought by individuals, corporations, groups, or politicians to curtail political activism and expression. An increasingly large part of the political landscape in Canada, they are often launched against those protesting, boycotting, or participating in some form of political activism. A common feature of SLAPPs is that their intention is rarely to win the case or secure a remedy; rather, the suit is brought to create a chill on political expression. Blocking Public Participation examines the different types of litigation and causes of action that frequently form the basis of SLAPPs, and how these lawsuits transform political disputes into legal cases, thereby blocking political engagement. The resource imbalance between plaintiffs and defendants allows plaintiffs to tie up defendants in complex and costly legal processes. The book also examines the dangers SLAPPs pose to political expression and to the quality and integrity of our democratic political institutions. Finally, the book examines the need to regulate SLAPPs in Canada and assesses various regulatory proposals. In Canada, considerable attention has been paid to the “legalization of politics” and the impact on the Charter in diverting political activism into the judicial arena. SLAPPs, however, are an under-studied element of this process, and in their obstruction of political engagement through recourse to the courts they have profound implications for democratic practice.
Author : Jonathan M. Redgrave
Publisher : Pike & Fischer - A BNA Company
Page : 195 pages
File Size : 41,5 Mb
Release : 2007
Category : Law
ISBN : 9780937275177
Author : Anonim
Publisher : Unknown
Page : 824 pages
File Size : 45,6 Mb
Release : 2004
Category : Complex litigation
ISBN : PURD:32754077091092
Author : Connecticut,Connecticut. Superior Court
Publisher : West Group Publishing
Page : 100 pages
File Size : 48,7 Mb
Release : 1999
Category : Law
ISBN : 0314244859
Author : Sean E. Goodison,Robert Carl Davis,Brian A. Jackson
Publisher : Unknown
Page : 31 pages
File Size : 43,8 Mb
Release : 2015
Category : Electronic books
ISBN : OCLC:908762561
This report describes the results of a National Institute of Justice (NIJ)-sponsored research effort to identify and prioritize criminal justice needs related to digital evidence collection, management, analysis, and use. With digital devices becoming ubiquitous, digital evidence is increasingly important to the investigation and prosecution of many types of crimes. These devices often contain information about crimes committed, movement of suspects, and criminal associates. However, there are significant challenges to successfully using digital evidence in prosecutions, including inexperience of patrol officers and detectives in preserving and collecting digital evidence, lack of familiarity with digital evidence on the part of court officials, and an overwhelming volume of work for digital evidence examiners. Through structured interaction with police digital forensic experts, prosecuting attorneys, a privacy advocate, and industry representatives, the effort identified and prioritized specific needs to improve utilization of digital evidence in criminal justice. Several top-tier needs emerged from the analysis, including education of prosecutors and judges regarding digital evidence opportunities and challenges; training for patrol officers and investigators to promote better collection and preservation of digital evidence; tools for detectives to triage analysis of digital evidence in the field; development of regional models to make digital evidence analysis capability available to small departments; and training to address concerns about maintaining the currency of training and technology available to digital forensic examiners.