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The Common Flaw : Needless Complexity in the Courts and 50 Ways to Reduce It /
"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"--
| Autor principal: | |
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| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Waltham, Massachusetts :
Brandeis University Press,
[2023]
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| Colección: | Book collections on Project MUSE.
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| Temas: | |
| Acceso en línea: | Texto completo |
MARC
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| 100 | 1 | |a Moukawsher, Thomas G., |d 1962- |e author. | |
| 245 | 1 | 4 | |a The Common Flaw : |b Needless Complexity in the Courts and 50 Ways to Reduce It / |c Thomas G. Moukawsher. |
| 264 | 1 | |a Waltham, Massachusetts : |b Brandeis University Press, |c [2023] | |
| 264 | 3 | |a Baltimore, Md. : |b Project MUSE, |c 2023 | |
| 264 | 4 | |c ©[2023] | |
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| 505 | 0 | |a Prefer humanity to complexity -- Rethink 90 percent of the typical complaint. Make it about key facts, not law. -- Address basic pleading and proof deficiencies with a single motion -- Decide cases once. Use agency remands sparingly. -- Reconsider standing challenges. They invite more lawsuits. -- Reduce fighting over subject matter jurisdiction. The unheard will not remain unseen. -- Order discovery when a case begins. Police it without written motions. -- Creatively manage complex cases. No case should be too big to try. -- Mediate, but don't delay the case for it -- Streamline trials : they'll be more final, more credible. -- Directly involve judges in jury selection -- Increase juror numbers and diversity with remote jury trials -- Question the number of motions in limine -- Most exhibits prove undisputed facts. We don't need them. -- Actively oppose cumulative and time-wasting testimony -- Too much expert testimony is discrediting experts -- Consider common sense first in family court -- Introduce time clocks to encourage efficient trials -- Needless objections annoy judges and jurors -- Make a point, not a muddle, with prior testimony -- Punish misconduct when it happens rather than in a separate proceeding -- Cross-examine crisply, crushingly, or not at all -- Humanize overstuffed, bewildering jury charges and interrogatories -- Save time in court trials by substituting longer closing arguments for posttrial briefing -- Keep cases in the hands of a single judge from start to finish -- Speed cases to trial with judicial administration instead of slowing them down -- Accelerate and simplify justice with technology -- Virtual proceedings should be the rule -- As a judge, prefer the model of a village elder -- Cases are better resolved on their facts than on the law -- Deploy canons of construction sparingly -- only when they have a compelling reason to exist -- Rarely resort to legislative history. It's often unreliable. -- Reduce distractions by identifying fallacies -- Don't blur laws to conquer facts -- Endless consumer disclosures aren't doing us any good ; they are just low-hanging fruit -- Reduce judicial testiness : use multipoint tests only when each point has meaning. -- Similar-sounding cases aren't precedent -- The best legal writing is literature, not formula -- Don't plod through the history of the case and familiar standards -- Junk the jargon -- Needless detail is . . . -- The best appellate decisions deeply and plainly explain the law -- There is a better home for law clerks outside of busy work and junior judging -- Appellate courts should reform rusty rules -- The best trial court decisions get straight to saying who wins and why -- Needless complexity obscures our basically honest courts -- Lawyers must discard outdated business models -- Courts must reimagine themselves -- Rethinking law clerking can remake the future -- Recognize needful complexity and meaningful formality -- Steady courts may mean a steadier country. | |
| 520 | |a "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"-- |c Provided by publisher. | ||
| 588 | |a Description based on print version record. | ||
| 650 | 7 | |a Justice, Administration of. |2 fast |0 (OCoLC)fst00985154 | |
| 650 | 7 | |a Courts. |2 fast |0 (OCoLC)fst00881747 | |
| 650 | 7 | |a Court administration. |2 fast |0 (OCoLC)fst00881630 | |
| 650 | 0 | |a Justice, Administration of |z United States. | |
| 650 | 0 | |a Court administration |z United States. | |
| 650 | 0 | |a Courts |z United States. | |
| 651 | 7 | |a United States. |2 fast |0 (OCoLC)fst01204155 | |
| 655 | 7 | |a Electronic books. |2 local | |
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| 830 | 0 | |a Book collections on Project MUSE. | |
| 856 | 4 | 0 | |z Texto completo |u https://projectmuse.uam.elogim.com/book/113323/ |
| 945 | |a Project MUSE - Custom Collection | ||
| 945 | |a Project MUSE - 2023 Complete | ||
| 945 | |a Project MUSE - 2023 Political Science and Policy Studies | ||