Remove Burden Of Proof Remove Discovery Remove Objections
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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. He is so shocked at the discovery he faints. Review the law with the jury that proof of causation is only to show it is more likely true than not true.

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58. Two defendants sought discovery of communications between the plaintiff and the government. Plaintiff objected, asserting attorney-client privilege, joint prosecution privilege, common interest privilege, and the attorney work-product doctrine.

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

Discovery is the process by which parties exchange information and evidence. The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. It’s also described as the “balance of probabilities.”

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Pronounced jury misconduct can lead to civil litigation.