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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 |
Tabla de Contenidos:
- 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.