The Common Flaw Needless Complexity in the Courts and 50 Ways to Reduce It.

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"The American lawsuit is riddled with needless complexity. This book proposes fifty changes-that decide cases promptly-more on the facts than the law-more for the parties than the lawyers-more for the consequences to the people and the public-and in words we can all understand"--

Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Moukawsher, Thomas G.
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Chicago : Brandeis University Press, 2023.
Colección:Brandeis Series in Law and Society Series.
Temas:
Justice, Administration of > United States.
Court administration > United States.
Courts > United States.
Justice, Administration of.
Courts.
Court administration.
POLITICAL SCIENCE / General
United States.
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Intro
  • Contents
  • Preface
  • Acknowledgments
  • 1. Prefer humanity to complexity
  • 2. Rethink 90 percent of the typical complaint
  • make it about key facts, not law
  • 3. Address basic pleading and proof deficiencies with a single motion
  • 4. Decide cases once
  • use agency remands sparingly
  • 5. Reconsider standing challenges
  • they invite more lawsuits
  • 6. Reduce fighting over subject matter jurisdiction
  • the unheard will not remain unseen
  • 7. Order discovery when a case begins
  • police it without written motions
  • 8. Creatively manage complex cases
  • No case should be too big to try
  • 9. Mediate, but don't delay the case for it
  • 10. Streamline trials
  • they'll be more final, more credible
  • 11. Directly involve judges in jury selection
  • 12. Increase juror numbers and diversity with remote jury trials
  • 13. Question the number of motions in limine
  • 14. Most exhibits prove undisputed facts
  • we don't need them
  • 15. Actively oppose cumulative and time-wasting testimony
  • 16. Too much expert testimony is discrediting experts
  • 17. Consider common sense first in family court
  • 18. Introduce time clocks to encourage efficient trials
  • 19. Needless objections annoy judges and jurors
  • 20. Make a point, not a muddle, with prior testimony
  • 21. Punish misconduct when it happens rather than in a separate proceeding
  • 22. Cross-examine crisply, crushingly, or not at all
  • 23. Humanize overstuffed, bewildering jury charges and interrogatories
  • 24. Save time in court trials by substituting longer closing arguments for posttrial briefing
  • 25. Keep cases in the hands of a single judge from start to finish
  • 26. Speed cases to trial with judicial administration instead of slowing them down
  • 27. Accelerate and simplify justice with technology
  • 28. Virtual proceedings should be the rule
  • 29. As a judge, prefer the model of a village elder
  • 30. Cases are better resolved on their facts than on the law
  • 31. Deploy canons of construction sparingly-only when they have a compelling reason to exist
  • 32. Rarely resort to legislative history
  • it's often unreliable
  • 33. Reduce distractions by identifying fallacies
  • 34. Don't blur laws to conquer facts
  • 35. Endless consumer disclosures aren't doing us any good
  • they are just low-hanging fruit
  • 36. Reduce judicial testiness
  • Use multipoint tests only when each point has meaning
  • 37. Similar-sounding cases aren't precedent
  • 38. The best legal writing is literature, not formula
  • 39. Don't plod through the history of the case and familiar standards
  • 40. Junk the jargon
  • 41. Needless detail is...
  • 42. The best appellate decisions deeply and plainly explain the law
  • 43. There is a better home for law clerks outside of busy work and junior judging
  • 44. Appellate courts should reform rusty rules
  • 45. The best trial court decisions get straight to saying who wins and why

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