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The Unofficial Rules of Evidence
In most law schools, “Evidence” is a required course. After completing it, every student can outline the basic requirements of admissibility; namely, the proffered material must be: relevant, fair and accurate, not violate public policy, and meet basic foundational requirements. Years later when actually trying a case, many of these former law students are shocked to learn that there is another variable affecting admissibility ' a variable never discussed in any Evidence text that I have ever seen. Specifically, a judge's willingness to let a lawyer use a particular piece of evidence is sometimes affected by the technology the lawyer chooses to display material in court.
In order to examine this assertion, we need to start by creating what I call the “technology continuum.” As shown in the illustration below, this continuum very roughly ranks the various methods of displaying trial material in increasing relative order of sophistication or technology. At the bottom of this continuum are “spontaneously” produced graphics (such as drawings on newsprint paper or on blackboards); moving up, there are commercially pre-prepared exhibit boards; up a bit more are exhibits displayed electronically; higher still are models and two-dimensional animations; finally, at the top are three-dimensional animations or whatever else is state-of-the-art at the time you read this article.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.