Download or read book In Defense of the Harmless Error Rule s Clear and Convincing Evidence Standard written by Mark Glover and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Irresolute Testators, Clear and Convincing Wills Law, Professor Jane Baron draws attention to a conflict between the mechanics of the law of wills and the realities of testation. Baron observes that the law of wills is designed to be used as a tool by resolute and rationale testators to communicate their intent regarding the distribution of property upon death. However, the law's archetypical testator does not represent the many real testators who are irresolute and irrational, those possessing incoherent and only partially formed thoughts regarding the disposition of their estates. Based upon the disconnect between the law's paradigm of resolute will-making and the irresoluteness of testation in the real world, Baron argues that reforms that have given probate courts discretion to correct mistakes in testation do not function appropriately. For instance, Baron argues that the harmless error rule, which allows courts to excuse defects in a testator's compliance with will-execution formalities when the testator's intent is established by clear and convincing evidence, does not meaningfully limit probate courts' discretion to correct mistakes. Specifically, she argues that many courts are concerned with not only the technical mistakes of resolute testators but also the more troubling mistakes of irresolute testators, and consequently, these courts overreach the boundaries of the harmless error rule. This essay acknowledges Baron's insight regarding the tension between the law and reality but questions whether this tension renders the harmless error rule and its clear and convincing evidence standard ineffective. More particularly, this essay argues that, despite potential overreaching by some courts, the clear and convincing evidence standard likely operates in the way that reformers intended and that the harmless error rule represents an improvement upon the conventional law of will- execution.
Download or read book The Riddle of Harmless Error written by Roger J. Traynor and published by Columbus : Ohio State University Press. This book was released on 1970 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book The American Jury written by Harry Kalven and published by . This book was released on 1966 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Preliminary Treatise on Evidence at the Common Law written by James Bradley Thayer and published by . This book was released on 1898 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Judges Benchbook written by United States. Department of the Army and published by . This book was released on 1982 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Task Force Report written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Background testimony written by United States. Congress. House. Committee on Government Operations and published by . This book was released on 1958 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wills Trusts and Estates Eleventh Edition written by Robert H. Sitkoff and published by Aspen Publishing. This book was released on 2021-11-01 with total page 1524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. A comprehensive Teacher’s Manual provides a complete teaching summary of all materials in the book, and comprehensive PowerPoint slides provide helpful structure for classroom organization. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids Teaching materials include: Teacher’s Manual that provides a complete teaching summary of all materials in the book PowerPoint slides that provide explanatory diagrams and structure for classroom discussion Transition Guide Sample Exams Sample Estate Planning Documents
Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by . This book was released on 1998 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Download or read book The Law of Inheritance Administration of Deceased Estates in Malawi written by Lewis Chezan Bande and published by African Sun Media. This book was released on 2021-06-11 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
Download or read book Wills Trusts and Estates Tenth Edition written by Robert H. Sitkoff and published by Aspen Publishing. This book was released on 2017-06-05 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wills, Trusts, and Estates
Download or read book Inside Adjudicative Criminal Procedure written by Julian A. Cook III and published by Aspen Publishing. This book was released on 2016-04-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside Adjudicative Criminal Procedure: What Matters and Why is ideal for students who take Adjudicative Criminal Procedure and criminal trial practice courses and clinics, as well as for students who are considering a career in criminal litigation. The book discusses all the topics that are typically discussed in the aforementioned courses, including bail, grand jury and prosecutorial decision-making, discovery, speedy trial, jury selection, trial by jury, right to counsel, double jeopardy, guilty pleas and plea bargaining, sentencing, and post-verdict trials and strategies. Each chapter describes the most critical legal concepts, and contains succinct discussions of relevant case law and statutes. The material is presented in an organized, aesthetically pleasant format which facilitates student reading and comprehension. The book, whose authors are former federal and state prosecutors with extensive professional and academic experience in adjudicative criminal procedure, is a great study aid to supplement the principal text used in any of the aforementioned courses. The book can also be used as a principal text in practice-related courses. Features: Concise description of essential principles and pertinent cases and statutes. Easy to understand content presentation. Aesthetically pleasing format which facilitates student learning. Summary of essential principles at the end of each chapter. Connections section at the end of each chapter which link chapter topics with other chapters in the book.
Download or read book Military Rules of Evidence Manual written by Stephen A. Saltzburg and published by Lexis Law Publishing (Va). This book was released on 1997 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Rules of Evidence Manual, Fourth Edition is the only publication of its kind available to both military & civilian attorneys that analyzes what the Rules say & mean to judges & counsel in the military justice system. It also serves as an authoritative case finder. Since the Rules became effective in 1980, this book has been cited hundreds of times by the military courts. This Fourth Edition provides notes to virtually every military case that has interpreted or applied the Rules.
Download or read book Les Discussions Et Ententes Sur Le Plaidoyer written by Law Reform Commission of Canada and published by Ottawa, Canada : Law Reform Commission of Canada. This book was released on 1989 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document presents the Commission's view on the need for reform together with their recommendations and commentary.
Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
