A couple of posts back, I tried to address the difficulty of getting jurors to apply commonly used, but inherently ambiguous, legal terms and principles, such as “reasonable” to the facts of a particular…
Read ArticleOne of my great pleasures in raising my daughter is watching her encounter and struggle to make sense of the inherent ambiguities of our language. Puns are a particular favorite. She first learns to draw…
Read ArticleOne of the earliest motions I learned to write while working as a law clerk was a motion in limine. Perhaps because of the brevity and intentionally narrow scope of these motions, the job of…
Read ArticleThis originally appeared in the Los Angeles Daily Journal. At the risk of ridiculous understatement, all is not well in the California state court system. Last week it was reported that, over the last…
Read ArticleIn his chapter on Jury Selection, Thomas Mauet suggests we put ourselves in the shoes of the prospective jurors in order to identify with them and maximize the opportunities that come from voir dire.…
Read ArticleLaw360 reported Wednesday that budget cuts are crippling the California state court system. Not that this is really news. Between court closures, job cuts, “no-host” court reporters, furloughs, getting regular, reasonable and reliable access to justice has become…
Read ArticleIt is no exaggeration to say that I learn something (or many things) from every mediation or settlement conference I attend. I recently traveled to Fresno to attend a settlement conference before a talented…
Read ArticleIt’s interesting that our law school evidence classes teach us the mechanics of the rules of evidence, however, (if my memory serves) we’re not given much guidance on how to decide whether, assuming a question…
Read ArticleEvery one of us carries a measure of optimism whenever we decide to undertake something. Undoubtedly owing to a cluster of deep-seated personality defects, I find I often see a glass as half empty.…
Read ArticleOk, I realize I’m a little late to the party, as Sargon Enterprises, Inc. v. Univ. of Southern Cal. (212 DJDAR 15846) was issued at the end of November, 2012. But, better late than…
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