This document provides guidance to trial defense counsel on preserving objections for appeal. It discusses key concepts like waiver doctrine, standards of review, and specifics on preserving certain types of objections. The top 10 things to make the appellate record are outlined, emphasizing the need to properly object at trial on all grounds to avoid waiver of issues on appeal. Failure to object or enter conditional pleas results in waiver of most issues. Proper objections and offers of proof are critical to receiving meaningful appellate review.
FOR MORE CLASSES VISIT
www.tutorialoutlet.com
2016-17 Case Problem
A civil case of employment discrimination Riley Winter
v.
TBD, Inc.
BY THE AMTA CIVIL CASE COMMITTEE
JUSTIN BERNSTEIN • MICHAEL J. GELFAND • DANIEL HAUGHEY
1. The document discusses legal aspects of credit and debt collection, including rationales for pursuing legal collection efforts, general problems affecting such efforts, and an overview of the legal collection process.
2. It outlines steps in the legal collection process like sending demands, gathering documents, filing a complaint, serving summons, and parties' potential replies.
3. Techniques to shorten litigation are examined, including discovery methods, summary judgement, judgement on pleadings, and alternative dispute resolution like mediation.
Litigating Disability Insurance Claims - Conference MaterialsRachel Hamilton
This document provides a summary of a presentation by Lee W. Marcus on innovative pretrial practices and procedures for litigating disability insurance claims. The presentation covered topics such as permissible venue in ERISA cases and concerns about forum shopping, when to file a motion to transfer venue, differences between ERISA and non-ERISA cases regarding venue and choice of law, reasons for removing ERISA cases to federal court, and advantages of filing motions under Rule 52 versus Rule 56.
Sacramento County Misdemeanor DUI GuideRyan T. Kocot
Charged with a Misdemeanor DUI in Sacramento County? This short guide breaks down the entire Sacramento County DUI process in an effort to alleviate some of the stress associated with being charged.
Ethics And The Trial Consultant And Expert WitnessCTIN
The document discusses the roles and responsibilities of trial consultants and expert witnesses. A trial consultant advises the attorney privately and their name and reports are confidential, while an expert witness prepares to testify in court and their name, CV, and reports must be disclosed. The document provides guidance on properly distinguishing between the roles and obligations of a trial consultant versus an expert witness.
Here are the six basic steps of an appeal:
1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk.
2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court.
3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court.
4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors.
5. Oral Argument - Each side may present oral arguments to a panel of appeals judges.
6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's
The document discusses several topics related to the criminal justice system process, including: pretrial procedures and plea bargaining; punishment and sentencing; the goals of punishment such as retribution, deterrence, incapacitation, and rehabilitation; and types of sentences judges can impose. It also discusses understanding what really happens in sentencing and whether the system treats wrongdoers equally.
The document outlines the typical structure and process of a civil trial in the United States. It discusses the key parts of a civil trial, including commencement through filing a complaint and answer, pre-trial motions, voir dire, opening statements, plaintiff and defendant presenting their cases, closing arguments, jury deliberation, and verdict/judgment. The goal is to ensure a fair trial for both parties and allow a jury to determine the facts of the case based on the evidence and law.
FOR MORE CLASSES VISIT
www.tutorialoutlet.com
2016-17 Case Problem
A civil case of employment discrimination Riley Winter
v.
TBD, Inc.
BY THE AMTA CIVIL CASE COMMITTEE
JUSTIN BERNSTEIN • MICHAEL J. GELFAND • DANIEL HAUGHEY
1. The document discusses legal aspects of credit and debt collection, including rationales for pursuing legal collection efforts, general problems affecting such efforts, and an overview of the legal collection process.
2. It outlines steps in the legal collection process like sending demands, gathering documents, filing a complaint, serving summons, and parties' potential replies.
3. Techniques to shorten litigation are examined, including discovery methods, summary judgement, judgement on pleadings, and alternative dispute resolution like mediation.
Litigating Disability Insurance Claims - Conference MaterialsRachel Hamilton
This document provides a summary of a presentation by Lee W. Marcus on innovative pretrial practices and procedures for litigating disability insurance claims. The presentation covered topics such as permissible venue in ERISA cases and concerns about forum shopping, when to file a motion to transfer venue, differences between ERISA and non-ERISA cases regarding venue and choice of law, reasons for removing ERISA cases to federal court, and advantages of filing motions under Rule 52 versus Rule 56.
Sacramento County Misdemeanor DUI GuideRyan T. Kocot
Charged with a Misdemeanor DUI in Sacramento County? This short guide breaks down the entire Sacramento County DUI process in an effort to alleviate some of the stress associated with being charged.
Ethics And The Trial Consultant And Expert WitnessCTIN
The document discusses the roles and responsibilities of trial consultants and expert witnesses. A trial consultant advises the attorney privately and their name and reports are confidential, while an expert witness prepares to testify in court and their name, CV, and reports must be disclosed. The document provides guidance on properly distinguishing between the roles and obligations of a trial consultant versus an expert witness.
Here are the six basic steps of an appeal:
1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk.
2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court.
3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court.
4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors.
5. Oral Argument - Each side may present oral arguments to a panel of appeals judges.
6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's
The document discusses several topics related to the criminal justice system process, including: pretrial procedures and plea bargaining; punishment and sentencing; the goals of punishment such as retribution, deterrence, incapacitation, and rehabilitation; and types of sentences judges can impose. It also discusses understanding what really happens in sentencing and whether the system treats wrongdoers equally.
The document outlines the typical structure and process of a civil trial in the United States. It discusses the key parts of a civil trial, including commencement through filing a complaint and answer, pre-trial motions, voir dire, opening statements, plaintiff and defendant presenting their cases, closing arguments, jury deliberation, and verdict/judgment. The goal is to ensure a fair trial for both parties and allow a jury to determine the facts of the case based on the evidence and law.
Should I Short Sale My Home - Appendix CTom Damron
This document is a guide for homeowners on whether they should short sale their home during a difficult real estate market. It includes an introduction and table of contents that outline the following 10 chapters: 1) A housing crisis is looming, 2) How bad the market has gotten, 3) Short sales as a best option, 4) Mortgage foreclosure explained, 5) Foreclosure scam warnings, 6) Homeowner options in foreclosure, 7) Answers top short sale questions, 8) Impact of falling interest rates, 9) Post-short sale home buying with FHA loans, and 10) End of home equity loans. It also includes 3 appendices on loss mitigation companies, short sale vs payoff, and
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
The document discusses strategies for deposing opposing expert witnesses. It covers topics like getting the information needed from the deposition, reviewing the expert's file, conducting a Daubert examination, dealing with difficult witnesses, setting up the expert for cross-examination at trial, and laying the groundwork for impeachment. The goal is to undermine the expert's testimony and credibility before trial.
This document discusses trial tactics and techniques based on the advice of experienced litigators. It recommends gaining experience through taking on as many trials as possible in one's early career, even if they are minor cases. While advocacy skills can be learned, experience trying many cases, preferably dozens per year, is the best teacher. Different advocates have different styles as well, so one should not slavishly copy others but develop their own approach. Overall, industry, hard work, and experience are more important than innate talent for most advocates to achieve success.
This document summarizes the changing role of expert witnesses in court. It discusses how expert witnesses are traditionally expected to say whatever can reasonably support the client's position, rather than provide objective assistance. Courts have taken a more aggressive role in screening out "junk" testimony. One reform is the "gatekeeper" role of judges to exclude dubious expertise, based on criteria like testing and peer review. However, studies show judges rarely discuss these criteria and more often exclude evidence based on relevance or witness qualifications. There is a clash between the legal system's need for settled conclusions and experts' view that some issues have no settled answer. Through screening and cross-examination, the legal process does not always succeed at exposing problematic expert testimony that could lead
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The document discusses expert testimony on gangs in criminal trials. It provides information on qualifying as a gang expert witness, including necessary training, experience and qualifications. It also covers acceptable and unacceptable expert opinions on gang evidence, the use of hearsay in forming opinions, and challenges to expert testimony such as bias.
Dynamics refer to the spectrum of volumes in music, from soft to loud. Musicians use Italian terms and symbols to indicate dynamics in musical scores. Dynamics are determined by amplitude, with higher amplitude resulting in louder sounds. Dynamic markings serve both practical and expressive purposes, and can be used to balance sections or enhance mood.
The document lists events organized by The Hub Eindhoven for Expats from December 8-14, including Spanish and English conversation classes, martial arts training, ping pong, Dutch lessons, Latin dance, yoga, guitar lessons, photography talks, an Indian buffet, and a concert with live music and food on December 13. All events can be found on their Meetup page at www.meetup.com/TheHubEindhoven/.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a la invasión de Ucrania. El embargo prohibirá la mayoría de las importaciones de petróleo ruso a la UE y se implementará de manera gradual durante los próximos seis meses. Esta medida tiene como objetivo aumentar la presión económica sobre Rusia y privar al gobierno de Vladimir Putin de una importante fuente de ingresos.
Photoshop can be used to edit pictures by adjusting levels, brightness/contrast, layers, and saturation. Levels allow recalibrating the light balance to make images lighter or darker. Adjustment layers let you modify settings non-destructively by turning them on or off. Changing saturation alters the color intensity, while over-saturation can cause graininess.
The document analyzes the 2010 film Inception from the perspectives of its institution, audience, genres, and production process. It discusses that the film was produced by Legendary Pictures and Syncopy Films. The target audience was teens and young adults interested in confusing sci-fi action movies. The genres included science fiction, heist film, and film noir. Principal photography took place in locations like Tokyo, London, Paris, and Canada. Christopher Nolan directed the film and aimed to keep effects realistic while using music to convey emotion.
This short document promotes creating presentations using Haiku Deck, a tool for making slideshows. It encourages the reader to get started making their own Haiku Deck presentation and sharing it on SlideShare. In just one sentence, it pitches the idea of using Haiku Deck to easily design slideshows.
This document provides instructions for analyzing an essay response about documentary film techniques. Students are asked to: 1) Read the provided essay, 2) Use different colored pens to highlight examples, documentary modes/conventions, and film language/theory used effectively in the essay, and 3) Identify 3 areas for further improvement (EBI) using orange highlighting with justifications. They should then conclude by writing a paragraph explaining what the candidate did well (WWW). Homework is to complete a word processed response comparing documentary techniques across 3 case study films.
The document discusses the importance of warming up before exercise. It recommends that warm ups for younger athletes should be gradual, complete all muscle groups, and last 5-10 minutes. The primary objectives of warming up are to physically and mentally prepare the body for activity by increasing blood flow, oxygen, and flexibility in the muscles and joints. A specific warm up should then target the specific areas of the body and movements used in the upcoming activity, like passing drills in basketball or striking drills in tennis. Proper warm ups are important to prevent injuries to areas like shoulders, elbows, hands, legs, knees, and ankles.
Q Magazine is a music magazine published in the UK by Bauer Media Group. It targets rock and indie music lovers, providing exclusive features on different artists in each issue. While it used to focus more on classic rock, recent issues have covered more popular, mainstream bands. Q Magazine has been published since 1986 and is the world's most successful music magazine.
Nanotechnology involves manipulating matter at the atomic or molecular scale. It has the potential to impact many fields like electronics, materials science, and medicine. Some key points:
- Richard Feynman first proposed the concept of nanotechnology in 1959, and the term was coined in 1974. Major developments include the discovery of buckyballs and carbon nanotubes in the 1980s and 1990s.
- Nanotechnology can be used to create new materials with unique properties due to their small size. It allows engineering at the molecular level.
- Applications include using nanoparticles for drug delivery, more efficient solar cells, stain-resistant textiles, and lightweight materials for vehicles and aerospace. Challenges include high costs
Should I Short Sale My Home - Appendix CTom Damron
This document is a guide for homeowners on whether they should short sale their home during a difficult real estate market. It includes an introduction and table of contents that outline the following 10 chapters: 1) A housing crisis is looming, 2) How bad the market has gotten, 3) Short sales as a best option, 4) Mortgage foreclosure explained, 5) Foreclosure scam warnings, 6) Homeowner options in foreclosure, 7) Answers top short sale questions, 8) Impact of falling interest rates, 9) Post-short sale home buying with FHA loans, and 10) End of home equity loans. It also includes 3 appendices on loss mitigation companies, short sale vs payoff, and
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
The document discusses strategies for deposing opposing expert witnesses. It covers topics like getting the information needed from the deposition, reviewing the expert's file, conducting a Daubert examination, dealing with difficult witnesses, setting up the expert for cross-examination at trial, and laying the groundwork for impeachment. The goal is to undermine the expert's testimony and credibility before trial.
This document discusses trial tactics and techniques based on the advice of experienced litigators. It recommends gaining experience through taking on as many trials as possible in one's early career, even if they are minor cases. While advocacy skills can be learned, experience trying many cases, preferably dozens per year, is the best teacher. Different advocates have different styles as well, so one should not slavishly copy others but develop their own approach. Overall, industry, hard work, and experience are more important than innate talent for most advocates to achieve success.
This document summarizes the changing role of expert witnesses in court. It discusses how expert witnesses are traditionally expected to say whatever can reasonably support the client's position, rather than provide objective assistance. Courts have taken a more aggressive role in screening out "junk" testimony. One reform is the "gatekeeper" role of judges to exclude dubious expertise, based on criteria like testing and peer review. However, studies show judges rarely discuss these criteria and more often exclude evidence based on relevance or witness qualifications. There is a clash between the legal system's need for settled conclusions and experts' view that some issues have no settled answer. Through screening and cross-examination, the legal process does not always succeed at exposing problematic expert testimony that could lead
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The document discusses expert testimony on gangs in criminal trials. It provides information on qualifying as a gang expert witness, including necessary training, experience and qualifications. It also covers acceptable and unacceptable expert opinions on gang evidence, the use of hearsay in forming opinions, and challenges to expert testimony such as bias.
Dynamics refer to the spectrum of volumes in music, from soft to loud. Musicians use Italian terms and symbols to indicate dynamics in musical scores. Dynamics are determined by amplitude, with higher amplitude resulting in louder sounds. Dynamic markings serve both practical and expressive purposes, and can be used to balance sections or enhance mood.
The document lists events organized by The Hub Eindhoven for Expats from December 8-14, including Spanish and English conversation classes, martial arts training, ping pong, Dutch lessons, Latin dance, yoga, guitar lessons, photography talks, an Indian buffet, and a concert with live music and food on December 13. All events can be found on their Meetup page at www.meetup.com/TheHubEindhoven/.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a la invasión de Ucrania. El embargo prohibirá la mayoría de las importaciones de petróleo ruso a la UE y se implementará de manera gradual durante los próximos seis meses. Esta medida tiene como objetivo aumentar la presión económica sobre Rusia y privar al gobierno de Vladimir Putin de una importante fuente de ingresos.
Photoshop can be used to edit pictures by adjusting levels, brightness/contrast, layers, and saturation. Levels allow recalibrating the light balance to make images lighter or darker. Adjustment layers let you modify settings non-destructively by turning them on or off. Changing saturation alters the color intensity, while over-saturation can cause graininess.
The document analyzes the 2010 film Inception from the perspectives of its institution, audience, genres, and production process. It discusses that the film was produced by Legendary Pictures and Syncopy Films. The target audience was teens and young adults interested in confusing sci-fi action movies. The genres included science fiction, heist film, and film noir. Principal photography took place in locations like Tokyo, London, Paris, and Canada. Christopher Nolan directed the film and aimed to keep effects realistic while using music to convey emotion.
This short document promotes creating presentations using Haiku Deck, a tool for making slideshows. It encourages the reader to get started making their own Haiku Deck presentation and sharing it on SlideShare. In just one sentence, it pitches the idea of using Haiku Deck to easily design slideshows.
This document provides instructions for analyzing an essay response about documentary film techniques. Students are asked to: 1) Read the provided essay, 2) Use different colored pens to highlight examples, documentary modes/conventions, and film language/theory used effectively in the essay, and 3) Identify 3 areas for further improvement (EBI) using orange highlighting with justifications. They should then conclude by writing a paragraph explaining what the candidate did well (WWW). Homework is to complete a word processed response comparing documentary techniques across 3 case study films.
The document discusses the importance of warming up before exercise. It recommends that warm ups for younger athletes should be gradual, complete all muscle groups, and last 5-10 minutes. The primary objectives of warming up are to physically and mentally prepare the body for activity by increasing blood flow, oxygen, and flexibility in the muscles and joints. A specific warm up should then target the specific areas of the body and movements used in the upcoming activity, like passing drills in basketball or striking drills in tennis. Proper warm ups are important to prevent injuries to areas like shoulders, elbows, hands, legs, knees, and ankles.
Q Magazine is a music magazine published in the UK by Bauer Media Group. It targets rock and indie music lovers, providing exclusive features on different artists in each issue. While it used to focus more on classic rock, recent issues have covered more popular, mainstream bands. Q Magazine has been published since 1986 and is the world's most successful music magazine.
Nanotechnology involves manipulating matter at the atomic or molecular scale. It has the potential to impact many fields like electronics, materials science, and medicine. Some key points:
- Richard Feynman first proposed the concept of nanotechnology in 1959, and the term was coined in 1974. Major developments include the discovery of buckyballs and carbon nanotubes in the 1980s and 1990s.
- Nanotechnology can be used to create new materials with unique properties due to their small size. It allows engineering at the molecular level.
- Applications include using nanoparticles for drug delivery, more efficient solar cells, stain-resistant textiles, and lightweight materials for vehicles and aerospace. Challenges include high costs
Frundraise is the fundraising website for athletes to raise money for charity as part of their training. Athletes can choose any charity and train for any event. Frundraise helps to motivate, encourage, and reward athletes for all of their hard work training by incorporating fundraising for their favorite charity.
The document describes several educational apps for different subjects and age groups. Mathcubes is designed for young children to learn math concepts interactively without reading. Quick Math+ improves mental math skills through timed games. Nail That Note helps high school music students develop pitch recognition. Meet the Orchestra teaches elementary students to recognize orchestra instruments by sight and sound.
The document lists events organized by The Hub Eindhoven for Expats from October 6-12, including game nights, martial arts classes, language lessons in Spanish, Dutch, English, Latin dance workouts, guitar lessons, wine tasting, TGIF socials, a pre-marathon pasta party, and hosting the finish of the local marathon. All events can be found on their Meetup page at www.meetup.com/TheHubEindhoven/.
Xavier de Rojas Sánchez is an electrical and validation engineer with over 10 years of experience in various roles including validation engineer, energy auditor, sales representative, and engineering team leader and member. He has a BS in Electrical Engineering and a BS in Electronic Engineering Technology. His experience includes validation work for Lilly Del Caribe and Amgen following FDA requirements, as well as energy auditing, engineering projects, and sales and rental roles. He has skills in electrical engineering, programming, Microsoft Office, and project management.
Michael Jackson's "Thriller" music video from 1983 was the first world premiere video aired on MTV. Directed by John Landis, the narrative video makes references to horror films and holds the record for most copies sold. Eminem's 1999 "My Name Is" video prominently featured himself to increase his star image and brand, with the lyrics and video illustrating each other. PSY's 2012 "Gangnam Style" performance-based video helped convey his brand image through various depictions of himself, and it was the first video to reach 1 billion YouTube views showing how music videos are now viewed.
This short document promotes creating presentations using Haiku Deck, a tool for making slideshows. It encourages the reader to get started making their own Haiku Deck presentation and sharing it on SlideShare. In just one sentence, it pitches the idea of using Haiku Deck to easily create engaging slideshows.
Lawyers often tell their clients that while they must prepare as if every case will go to trial, more than 90% of cases are resolved before trial. If a settlement is not reached, the resolution typically comes through the court ruling on a dispositive motion. This episode begins with a look at motions to dismiss, with focus on the still-developing Twombly-Iqbal standard, and how that standard is put into practice. We then discuss summary judgment motions. That discussion includes everything from making a summary judgment record to brief writing, to making a cross-motion for summary judgment. This webinar shines a light on what happens to the great percentage of cases that don’t make it to trial.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
The document discusses various ways to challenge decisions made by administrative tribunals, including internal review processes, statutory rights of appeal, and judicial review. It provides details on when and how to request internal reconsideration or review of a decision, the standards of review that courts apply to appeals of administrative decisions, and the options courts have for remedying errors found in administrative decisions. The document focuses on the law and procedures governing challenges to decisions in Ontario.
2016 05-12 south texas cle jury chargesD. Todd Smith
The document summarizes key aspects of jury charge practice in commercial cases. It discusses the fundamentals of jury charges, which are made up of questions, definitions, and instructions. It outlines the transition in Texas from granulated special issue charges to broader form submissions, aiming to reduce conflicting answers and appeals. The document also summarizes the Casteel line of cases, which established that harm is presumed if a jury charge improperly combines valid and invalid liability theories or damage elements, preventing determination of the basis for the verdict. Litigants must consider these rulings in strategic decisions around broad form submissions.
This document provides guidance on successfully litigating employment discrimination claims. It discusses key aspects of voir dire, including identifying jurors motivated to accept the plaintiff's theory of the case. It also addresses challenges for cause and peremptory challenges during jury selection. The document emphasizes that employment cases focus on "motivation" and discusses developing a compelling case theme, direct and cross examination, and closing arguments centered around motivation. Overall, the document stresses tailoring all elements of the case around showing the motivations of both the plaintiff and defendant.
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
The document summarizes changes to Ireland's exclusionary rule regarding unconstitutionally obtained evidence following the DPP v. JC Supreme Court decision. The new rule is more relaxed, allowing more improperly obtained evidence to be admitted if the breach was inadvertent. The prosecution now must prove beyond reasonable doubt that any constitutional breach was not deliberate or conscious, or that exceptional circumstances justify admission. Regulators using warrants must be aware of the refined test examining knowledge of investigators and officials involved in evidence gathering policies. There remains uncertainty around applying the new rule in practice.
The document discusses strategies for appealing examiners' rejections to the Patent Trial and Appeal Board. It notes that the average time for a decision after filing a notice of appeal is 30 months. The best appeals are ones that do not need to be taken by convincing the examiner during an interview. If an appeal is necessary, it recommends appealing rejections that clearly cannot be supported by the cited art and facts, as these have an 80-90% success rate. As a last resort, one can appeal when positions are far apart and broadening claims is not an option, arguing the examiner is incorrect. It also discusses potential outcomes and strategies for pre-appeal requests and oral arguments.
Quick Costs Qwocs, disapplication, fundamental dishonesty, set off and multip...QuickCostsCostsCompa
This document provides an overview of key issues relating to Qualified One-Way Costs Shifting (QOCS) in personal injury claims. It discusses exceptions to QOCS protection including pre-action disclosure applications, fundamental dishonesty, multiple defendants, and discontinuance. It also addresses set off of costs orders and exemptions where a claim has no reasonable grounds or is an abuse of process. The presentation provides practical tips for claimants' lawyers such as providing clients with warnings about costs risks and ensuring procedural compliance to avoid costs liability under QOCS exceptions.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
Stays of Litigation Pending Post-AIA Patent ReviewKlemchuk LLP
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
Federal Rules of Evidence Restyled, December 1, 2011 "PowerPoint"Litig8or
The document discusses the copyright policies of the Legal Information Institute (LII) and an editor, Garrett Cutler. It states that the LII and Cutler do not assert copyright over US government works but do claim copyright over any value-added content they provide. This content is covered by a Creative Commons license allowing copying and distribution with attribution, non-commercial use, and sharing under the same license. It also provides conditions of use noting the information is not legal advice and no warranty is made regarding accuracy or completeness.
The document discusses employment tribunals in the UK and alternatives to public hearings such as arbitration. It provides information about how employment tribunal claims are handled, including claim submission and pre-hearing reviews. If a claim has merit, a final public hearing will be held where a decision is made on whether the claim succeeds and damages are awarded. The document also describes an alternative voluntary arbitration process for unfair dismissal claims where hearings are private and conducted by an appointed arbitrator in an inquisitorial style. Concerns about the arbitration process creating a two-tier system of justice are discussed.
This document discusses different types of administrative law hearings and procedures. It begins by explaining that different agencies allow different types of hearings depending on factors like cost, timeliness and fairness. Hearings can be oral, electronic, or written. Written hearings involve parties submitting documents and evidence in writing without appearing before the tribunal. The document then discusses who has standing to participate in proceedings, the roles of agency counsel and adjudicators, and the typical phases and procedures of a hearing, including preliminary issues, opening statements, fact-finding through examination of witnesses, and closing submissions. It emphasizes that while tribunals are not courts, they have power to control their own processes.
This document summarizes rules regarding candor toward the tribunal for lawyers engaged in litigation. It discusses Model Rule 4-3.3, which prohibits lawyers from making false statements to a tribunal or offering false evidence. The rule requires lawyers to remedy any false statements or evidence that they later learn are not true. It also discusses the duty to disclose adverse legal authority to the tribunal. Scenarios are provided to illustrate how the rules apply in different situations involving potential client perjury or failure to correct false prior statements to the court.
THE ANISMINIC DOCTRINE OF EXTENDED JURISDICTIONAL ERROR IN NEW SOUTH WALES SU...Dr Ian Ellis-Jones
First Published: (2007) 12 LGLJ 164 - All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
In the United States, a defendant has an absolute right to appeal a guilty verdict. In addition, you may also be entitled to appeal the sentence you received. Learn more about appealing a criminal conviction in California in this presentation.
15 March 2016 - Law Institute of Victoria conference presentation.Andrew Downie
Here are the slides from my presentation to the 2016 Law Institute of Victoria conference 17 March 2016. The topic is "Recent Developments in Commercial Litigation: Case Law and Court Procedure".
Similar to Defense counsel's guide to preserving objections for appeal (20)
Defense perspective on sex assault twow (sample)Mason Weiss
Major Mason S. Weiss discusses the challenges of defending soldiers accused of sexual assault from a defense perspective. He quotes Professor Alan Dershowitz questioning whether some consider rape so heinous that innocence is not considered a defense. Weiss explores whether there can ever be a "perfect accused" and what could falsify guilt in these increasingly difficult cases to defend.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Defense counsel's guide to preserving objections for appeal
1. Trial Defense Counsel’s
Guide
to Preserving Objections
Major Mason Weiss
*based entirely (and shamelessly) on “Making the Appellate Record: A Trial Defense
Attorney’s Guide to Preserving Objections—the Why and How
by then LTC Patricia A. Ham, The Army Lawyer, March 2003
2. Hypothetical
·You draft a great motion to suppress your client’s statement to
CID which, if admitted, will ensure your client gets convicted.
·You have a terrific Article 39a session, and all the evidence
comes out exactly like you wanted.
·The Military Judge rules against you and lets the statement in!
·Your client decides to plead guilty and you get a PTA.
Will the appellate courts consider this motion on appeal?
3. Hypothetical
No
·Unconditional guilty plea=
Accused waived his right for the
appellate courts to consider the
motion to suppress under almost all
circumstances!
4. Making the Appellate Record
A. The Waiver Doctrine
B. Standards of Review
C. Top 10 Things to Make the Appellate Record
D. Preserving Selected Specific Objections
5. The Waiver Doctrine
·Failure to properly preserve an issue at trial waives the issue
for appeal!
·Waiver= appellate court is unlikely to consider the issue
·Waiver=your client has almost no chance of relief on appeal
·Waiver= “intentional relinquishment or abandonment of a
known right.”
6. The Waiver Doctrine
Waiver vs. Forfeiture
·Forfeiture= failure to make a timely assertion of a right.
·What’s the difference?
·Issues you intentionally waive= never merit relief!
·Issues you forfeit= appellate court may grant relief under the
doctrine of plain error under extraordinary circumstances
(even though there was no objection at trial)
7. The Waiver Doctrine
Why Waiver?
·To avoid piecemeal litigation
·Judicial economy
·The rule is designed. . . to prevent defense counsel from
remaining silent, making no objection, and then raising the
issue on appeal for the first time, long after the possibility for
curing the problem has vanished.
·Exception to waiver rule= plain error
8. The Waiver Doctrine
Very few issues are not subject to waiver:
-Jurisdiction
-Failure to state an offense (but you better raise it at trial)
-Incompetence to serve as a member under Article 25 UCMJ
-Adjudicative (vs. accusatory) UCI
3
9. The Waiver Doctrine
Raise or waive issues include:
·credit for violating procedures used to place accused in PTC
·objections to Article 32 Investigations
·objections to either the taking of a deposition, or to questions
or evidence presented at depositions
·failure to lodge objections at the appropriate time
·failure to place matters agreed upon at RCM 802 session on
the record
·challenges to the military judge (although some ≠ waivable)
·untimely request or withdrawal of request for trial by enlisted
panel or MJ alone
3
10. The Waiver Doctrine
Motions you must raise before entering a plea (RCM 905b):
·defective Article 32 Investigation
·defects in the charges or specifications
·defects in preferral, forwarding, investigating, or referral of
charges and specifications
·motions to suppress confessions
·motions to suppress evidence obtained by unlawful search or
seizure
·motions to suppress eye-witness identifications
·motions to sever
·motions for an IMC counsel
3
11. The Waiver Doctrine
Motions you must raise before court-martial is adjourned:
·Continuance
·Speedy Trial
·Release from pretrial confinement
·Statute of Limitations
·Double Jeopardy
·Prosecution is barred by immunity
·Bill of particulars
·Discovery or request for production of witnesses
·See RCM 906 and 907 for others
3
12. The Waiver Doctrine &
MRE 103
·MRE 103 contains comprehensive and sweeping waiver rules
3 critical points to know
1.Even when TDC properly objects and MJ errs by excluding
or admitting evidence, no relief on appeal “unless the ruling
materially prejudices a substantial right of the accused.”
2. TDC must object to the admissibility of the evidence that
defense seeks to exclude.
3. If MJ excludes evidence that TDC seeks to admit, TDC must
comply with MRE 103 mandate to preserve its position.
13. The Waiver Doctrine &
MRE 103
MRE 103
1. Must materially prejudice substantial right
2. When MJ admits evidence TDC wants kept out, TDC must
timely object stating specific grounds of objection (unless
obvious)
3. When MJ excludes evidence, TDC must make offer of
proof.
14. The Waiver Doctrine
MRE 103
To get relief from evidentiary error, accused must:
1. Establish prejudice
2. Correctly preserve the objection
Burden is on TDC—not on trial or appellate courts
·MRE 103 ended the ability of appellate defense counsel to
raise errors that were not raised at trial
15. Standards of Review
·SOR= amount of deference that appellate court gives to a trial
judge’s decision
·Why should I as a TDC care about SOR?
-because appellate courts perform a completely different
analysis of properly preserved objections and issues than for
ones that are not properly preserved!
·It’s always difficult to get relief on appeal even when you
properly preserve things, almost impossible when you’ve
waived for forfeited them
16. Standards of Review
for Properly Preserved Issues
Assuming TDC properly preserved the objection, client gets no
relief on appeal unless:
1. There is error; and
2. The error materially prejudices a substantial right
-This is from Article 59a UCMJ, and MRE 103
So—appellate court has to decide:
1) if error actually exists, and
2) if it does exist, is it harmless error, or is it prejudicial error.
Error + no prejudice = Harmless Error.
Harmless Error = your client gets no relief!
17. Standards of Review
for Properly Preserved Issues
-There are several SORs that appellate court employs to
answer the First Question:
“Is there error?” (and DC properly objected)
1. Abuse of Discretion
2. Clearly Erroneous
3. De Novo
18. Standards of Review
for Properly Preserved Issues
Abuse of Discretion
·applied to nearly all evidentiary rulings
·exceedingly deferential to trial judges
·to reverse for an abuse of discretion= more than a difference
of opinion. The challenged action must = arbitrary, fanciful,
clearly unreasonable, or clearly erroneous
19. Standards of Review
for Properly Preserved Issues
Clearly Erroneous
·used by appellate courts to determine whether MJs findings of
fact are correct/incorrect
·also exceedingly deferential to trial judges
· “At least one court has defined the clearly-erroneous
standard by stating that it must be ‘more than just maybe or
probably wrong; it must . . . Strike us as wrong with the force of
a five-week old, unrefrigerated dead fish.”
*little to no deference given if MJ doesn’t make findings of fact!
*less or no deference if MJ fails to articulate 403 balancing test
20. Standards of Review
for Properly Preserved Issues
De Novo
·least deferential SOR
·appellate court gives no deference to MJ’s ruling
·But even when appellate court is reviewing an issue de novo,
it normally defers to MJs findings of fact unless they = clearly
erroneous
21. Standards of Review
for Properly Preserved Issues
Mixed SORs
·happens b/c issues present mixed questions of law & fact
·i.e. appellate court reviews motion to suppress for:
-abuse of discretion,
-deferring to MJs findings of fact unless they are clearly
erroneous
-but review MJs legal conclusions de novo
·Will not find abuse of discretion unless findings of fact are
clearly erroneous or conclusions of law are incorrect
22. Standards of Review
Harmless Error, Plain Error & Article 59(a)
·(1) DC properly objects + (2) appellate court applies correct
SOR and finds error, then → (3) court analyzes whether error
is prejudicial or harmless.
·If appellate court finds error → burden shifts to gov’t to prove
that the error is harmless.
·Burden depends on type of error: constitutional or non-constitutional
23. Standards of Review
Harmless Error, Plain Error & Article 59(a)
·Non Constitutional error → Gov’t must prove error = harmless
-gov’t must address whether the error itself had substantial
influence on the findings.
-if so, or if one is left in grave doubt → conviction cannot stand
·Constitutional error → Gov’t must prove error = harmless
beyond a reasonable doubt.
-Test= is it clear beyond a reasonable doubt that a rational jury
would have the appellant guilty absent the error?
-If not clear they would have found him guilty anyway →
conviction cannot stand
24. Standards of Review
Harmless Error, Plain Error & Article 59(a)
·Structural errors = errors so basic that harm is self-evident
and no need to test.
-total deprivation of right to counsel at trial
-lack of impartial judge
-unlawful exclusion of members of Δ’s race from grand jury
-right to self-representation at trial
-right to public trial
25. Standards of Review
Harmless Error, Plain Error & Article 59(a)
·Plain Error: applies to issues that DC have not properly
preserved.
·completely different analysis, low chance of success.
·PE = (1) error + plain/clear/or obvious + materially prejudiced
one of Δ’s substantial rights
·PE analysis places burden on appellant to prove all 3 prongs!
(not on the government).
·Even if he does, court may only grant relief if the error
“seriously affects the fairness, integrity, or public perception of
the proceedings.”
26. Standards of Review
Harmless Error, Plain Error & Article 59(a)
· “Material Prejudice to a Substantial Right” in a P/E scenario =
Δ must prove error “was so significant as to influence the
outcome of the trial, that is, error made the trial unfair” or that
error had an “unfairly prejudicial impact on the jury’s
deliberations.”
· CAAF 3-prong test for P/E is tougher than federal practice b/c
it requires “material prejudice” not just “affects substantial
rights.”
·BLUF: P/E is hard to prove, and if it’s there—it means you
screwed up as a TDC b/c you should have objected and didn’t!
27. Top 10 General Observations
on Making the Appellate Record
1.Failure to object (or to object properly) at trial waives the
issue!
·Remember—you represent a client. Do not let the MJ
browbeat you into submission.
28. Top 10 General Observations
on Making the Appellate Record
2. An error without prejudice means no relief on appeal
·Even if you object properly, ≠ relief unless → error + resulting
harm to accused.
·You must articulate how specific rulings prejudice your client
when you object
·i.e. if MJ refuses to allow you to cross-examine victim on
certain issues → argue to MJ why those questions and
answers fit into Δ theory of the case, etc.
29. Top 10 General Observations
on Making the Appellate Record
3. An objection at trial on one basis does not preserve an
objection on a different basis
·Appellate review of an objection “requires a record that the
appellate court can review”
· “It is difficult, if not impossible to second-guess the intent of
the TDC if he or she does make the specific objection known
to the MJ.”
·i.e. if you object on “speculation” and MJ denies it, appellate
defense counsel cannot then argue that it was also hearsay
(BLUF—object on every ground possible!)
30. Top 10 General Observations
on Making the Appellate Record
4. Offering evidence on one basis at trial does not
preserve an offer of the same evidence on a different
basis on appeal
·Appellate review of an objection “requires a record that the
appellate court can review”
· “It is difficult, if not impossible to second-guess the intent of
the TDC if he or she does make the specific objection known
to the MJ.”
·i.e. if you object on “speculation” and MJ denies it, appellate
defense counsel cannot then argue that it was also hearsay
(BLUF—object on every ground possible!)
31. Top 10 General Observations
on Making the Appellate Record
4. Offering evidence on one basis at trial does not
preserve an offer of the same evidence on a different
basis on appeal
What to do to get your evidence in:
·Offer of proof required to clearly and specifically identify the
evidence sought to be admitted and its significance
·MRE 103(a)(2) requires proffers! Suggest to MJ that he hears
disputed evidence before ruling on its admissibility
·OP= what witness will say, why relevant, how it fits D theory
of case, how it counters govt, why it’s admissible
32. Top 10 General Observations
on Making the Appellate Record
5. An unconditional guilty plea waives most motions, even
if counsel fully litigate them before entering the plea
·Only two waives to preserve issues that would be waived by a
guilty plea:
1. Plead not guilty
2. Enter a conditional guilty plea
-requires government consent and MJ approval
33. Top 10 General Observations
on Making the Appellate Record
6. Failure to raise most motions before plea waives them,
absent good cause
·RCM 905(c)
·Motions related to: discovery and production of witnesses;
·Motions based on Fourth and Fifth Amendment and Article 31
UCMJ violations
·Appellate courts review MJ’s determination of good cause for
abuse of discretion
34. Top 10 General Observations
on Making the Appellate Record
7. If the MJ defers ruling or invites further evidence or
reconsideration, he has not ruled, & there is nothing to
appeal
·In other words—if you don’t renew your request, you waive
the issue.
35. Top 10 General Observations
on Making the Appellate Record
8. ****Whether the trial is before a panel or MJ alone
matters, especially for the purposes of P/E analysis! *****
·MJ is presumed to know the law and apply it correctly,
presumed capable to filter out inadmissible evidence.
·P/E before a MJ alone = rare
·Appellate courts presume prejudicial impact of erroneously
admitted evidence on MJ is less than on panel
·You must make proper objections!! If MJ keeps making
erroneous rulings on them may = MJ doesn’t know the law.
36. Top 10 General Observations
on Making the Appellate Record
9. With few exceptions, the ROT cannot be supplemented
on appeal
·Appellate review generally limited to matters presented at trial
·Most common exception is one you don’t want: IAC
·ACCA can remand cases for a Dubay hearing
·Although ACCA has fact finding powers under Article 66 and
can allow the record to be supplemented—will not normally be
on evidentiary issues or issues of guilt or innocence.
37. Top 10 General Observations
on Making the Appellate Record
10. If it’s not in the record, it didn’t happen!
·Record means ROT = only those matters received into
evidence and appellate exhibits.
·ROT ≠ everything between the blue covers ≠
-Ar32 transcript, allied papers, exhibits not received into
evidence, emails, 802 sessions not put on record.
·None of these items are part of the ROT and they cannot be
considered on appeal.
38. Preserving Selected Specific Objections
1. Preserving Objections to or during the Article 32
Investigation
·(1) must object on the record & ask the IO to note the
objection in the report + (2) object again in writing to CA within
5 days of receiving the IO’s report (must do both or = waiver)
·If objection is for failure to produce witness → DC must ask
CA to order a deposition
·Finally, DC must object again to MJ before entering a plea, or
issue is waived.
39. Preserving Selected Specific Objections
2. Preserving Objections to Discovery or Witness Matter
·Make specific requests for discovery tailored to facts of the
case b/c case law distinguishes b/t general and specific
requests for information:
· When DC makes a specific request for info & π fails to
disclose info → evidence considered “material” unless π can
demonstrate failure was harmless BRD.
·With general requests, failure = “material” only if = reasonable
probability that a different verdict would have resulted if
evidence was disclosed.
40. Preserving Selected Specific Objections
2. Preserving Objections to Discovery or Witness Matter
·Make specific requests for discovery tailored to facts of the
case b/c case law distinguishes b/t general and specific
requests for information:
· When DC makes a specific request for info & π fails to
disclose info → evidence considered “material” unless π can
demonstrate failure was harmless BRD.
·With general requests, failure = “material” only if = reasonable
probability that a different verdict would have resulted if
evidence was disclosed.
41. Preserving Selected Specific Objections
2. Preserving Objections to Discovery or Witness Matter
·If motion is to compel a witness, DC should proffer substance
of W’s testimony & explain how that testimony is both legally
and logically relevant.
·DC should first interview the W or describe on the record any
unsuccessful attempts to interview them. ****
42. Preserving Selected Specific Objections
3. Preserving Motions in Limine
· Preserving an MIL requires both a “ruling” + proper
preservation of the issue after the ruling.
·If MJ defers ruling, makes tentative or preliminary ruling
subject to further evidence or invites DC to re-open
consideration of preliminary ruling → MJ has not ruled and
there is nothing to appeal!
43. Preserving Selected Specific Objections
3. Preserving Motions in Limine
·3 part test to determine if MIL is sufficiently preserved for
appellate review absent further objection
1. The matter must be adequately presented to the trial court;
2. Must be the type of issue that can be finally decided in a
pretrial hearing;
3. Lower court’s ruling must be definitive
·Even if MJ makes a ruling, DC must still properly preserve the
issue after the ruling.
·Luce doctrine
44. Preserving Selected Specific Objections
3. Preserving Motions in Limine
·3 part test to determine if MIL is sufficiently preserved for
appellate review absent further objection
1. The matter must be adequately presented to the trial court;
2. Must be the type of issue that can be finally decided in a
pretrial hearing;
3. Lower court’s ruling must be definitive
·Even if MJ makes a ruling, DC must still properly preserve the
issue after the ruling.
·Luce doctrine
45. Preserving Selected Specific Objections
3. Preserving Motions in Limine
·US. v. Luce: DC sought to prohibit π cross-examination of Δ
concerning a prior conviction (TJ denies motion).
·SCT holds that for DC to properly preserve the TJ’s denial of
motion, Δ must testify! And π must cross-examine Δ about
prior conviction!
·Add Ohler v. US: Δ must not only testify, but DC cannot
remove the sting during direct examination!
·Applies also to impeachment!