The Role of Statistical Evidence in Civil Cases

2020 ◽  
Vol 7 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Joseph L. Gastwirth
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
Relative Risk ◽  
Federal Courts ◽  
Statistical Evidence ◽  
Criminal Cases ◽  
Legal Process ◽  
Legal Cases ◽  
Civil Cases

Civil cases outnumber criminal cases in federal courts, and statistical evidence has become more important in a wide variety of them. In contrast to science, which is concerned with general phenomena, legal cases concern one plaintiff or a class of plaintiffs and replication of the events that led to the case is not possible. This review describes the legal process, the way statistics are used in several types of cases, and the criteria courts use in evaluating the reliability of statistical testimony. Several examples of courts’ misinterpreting statistical analyses are presented. Commonly occurring issues in the statistical analysis of stratified data, the use of regression analysis, and the use of epidemiologic estimates of relative risk are described. Hopefully, this review will encourage statisticians to engage with the legal system and develop better ways of communicating the results of studies so they receive the evidentiary weight they deserve.

scholarly journals Managerial Judicial Conflict Resolution (JCR) of Plea Bargaining

2019 ◽  
Vol 22 (4) ◽  
pp. 494-541 ◽  
Author(s):  
Sari Luz Kanner ◽  
Dana Rosen ◽  
Yosef Zohar ◽  
Michal Alberstein
Keyword(s):  
Conflict Resolution ◽  
Alternative Dispute Resolution ◽  
Average Duration ◽  
Plea Bargaining ◽  
Active Role ◽  
Criminal Cases ◽  
Judicial Process ◽  
Legal Cases ◽  
Client Relations

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.

Court

2021 ◽  
pp. 83-90
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Expert Witnesses ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Civil Cases

This chapter explains the procedure followed in criminal cases and civil cases. It explores the role of the Crown Prosecution Service in criminal prosecutions. It also considers the important role that expert witnesses can play in civil proceedings and what the expectations are of those who put themselves forward for that role.

scholarly journals The Trial Judge: Pilot, Participant, or Umpire?

1969 ◽  
pp. 40 ◽  
Author(s):  
Hugh W. Silverman, Q.C.
Keyword(s):  
Case Law ◽  
Comprehensive Analysis ◽  
Criminal Cases ◽  
Trial Judge ◽  
Open Court ◽  
Civil Cases ◽  
The One ◽  
And Function ◽  
Role And Function

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".

scholarly journals CRM influence on organisational performance — the moderating role of IT reliability

2019 ◽  
Vol 11 (3) ◽  
pp. 96-105
Author(s):  
Katarzyna Tworek ◽  
Anna Sałamacha
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
Organisational Performance ◽  
Theoretical Contribution ◽  
It Support ◽  
Research Gap ◽  
Management Method ◽  
Role Of It ◽  
Moderating Role

Abstract Purpose. This article mainly aims to verify the role of IT reliability as the factor potentially strengthening the CRM influence on organisational performance and conclude whether the IT reliability is indeed an important factor shaping the CRM ability to generate value for an organisation. Methodology. The empirical research was conducted to verify the existence of such a relation. The research was carried out based on the survey performed among organisations, and the sample included 558 entities from Poland and 564 from Switzerland. The statistical analysis of the obtained results was carried out using regression analysis with the moderator. Results. The obtained models clearly show that IT reliability is a moderator of the relation between CRM time-of-use and the organisational performance. The theoretical contribution. The obtained results clearly confirm that the existing IT solutions should support CRM, and with such support, this management method is positively influencing the organisational performance. Such a conclusion seems to be an important contribution to the studied field of research, filling the research gap concerning the mechanism of IT support for CRM. It remains consistent with the views from the literature and contributes to their extension.

Law in action in classical Athens

1985 ◽  
Vol 105 ◽  
pp. 40-58 ◽  
Author(s):  
Robin Osborne
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
The Other ◽  
Narrow Sense ◽  
Criminal Cases ◽  
Legal Process ◽  
Interested Party ◽  
Legal Cases ◽  
Technical Aspects ◽  
The One

The fine modern scholarship on Athenian law has concentrated on (a) the scope of particular laws, and (b) the technical aspects of the legal process. This paper attempts to examine how the legal system worked in practice.The Athenians classified legal cases in various ways. On the one hand there was a division by subject matter between private cases (dikai idiai) and public cases (dikai dēmosiai), and on the other there was a division according to the procedure involved. There were a number of specialised procedures, but the most important procedural division was between those cases which anyone was free to bring (graphai) and those which only an interested party could bring (dikai in the narrow sense). These divisions on grounds of subject matter and on grounds of procedure overlap, but they are distinct and neither corresponds to the modern European legal division between civil and criminal cases.

WAS TRADITIONAL CHINESE LAW A MERE “MODEL”? PART TWO

2004 ◽  
Vol 1 (2) ◽  
pp. 297-322 ◽  
Author(s):  
Shigeo Nakamura
Keyword(s):  
Qing Dynasty ◽  
Future Research ◽  
Criminal Cases ◽  
Common People ◽  
Legal Cases ◽  
Individual Basis ◽  
The Qing Dynasty ◽  
Chinese Law ◽  
The Law ◽  
Civil Cases

Inside and outside China, it has been widely believed that in premodern China common people did not bring civil cases to magistrate's courts but settled them at the level of their clan, village or guild. However, David C. Buxbaum's research based on the Dan-Xin Archive and Shiga Shu¯zo¯'s study of legal memoranda show that people quite regularly turned to the magistrate's court to resolve civil disputes. During the Qing dynasty, legal cases were divided, not in civil or criminal terms, but according to how serious the offence was. The less-serious offences were civil cases that included disputes concerning marriage and inheritance, land and property, money and loans, and minor battery. Whereas the latter category, criminal cases in today's terms, were handled with the intention of maintaining legal stability, magistrates involved with civil cases tried to strike a reasonable balance by examining each case on an individual basis. However, how the law was applied to civil cases remains a subject for future research.

Courts and Court Hierarchy in Novgorod the Great in the Late 16–Early 17th Centuries

2020 ◽  
Vol 54 (4) ◽  
pp. 432-445
Author(s):  
Adrian A. Selin ◽  
Ilona V. Iablokova
Keyword(s):  
Law Enforcement ◽  
Middle Level ◽  
Customary Law ◽  
Legal Practice ◽  
Criminal Cases ◽  
Legal Process ◽  
Legal Cases ◽  
Crime And Punishment ◽  
Time Of Troubles ◽  
The City

Abstract Daily legal practice in local centers of Muscovite Rus’ before the publication of the Law Code of 1649 (Sobornoe Ulozhenie) has been poorly studied. This article uses comparative analysis to study two groups of sources about the legal process and law enforcement in Novgorod the Great in the late 16th–early 17th centuries. The analysis illuminates a complicated hierarchy of legal levels. At the same time, the competences of the courts at each level were not always clearly defined, which corresponds to the ideas formulated by N.S. Kollmann in her study on crime and punishment in Muscovy. In the late 16th–early 17th centuries, the Novgorod Court Chancellery was a middle level of the judicial system. The highest instance was the court in Moscow, which passed judgment on behalf of the tsar and was provided by central chancelleries in the Kremlin. During the Time of Troubles, the hierarchy became simpler: the communication with Moscow disappeared and only two levels prevailed in Novgorod. The city administrator’s court (voevoda) dealt with political crimes and landowners’ disputes, while the City Court and other lower level courts dealt with civil and petty criminal cases. The courts were ruled by both codes and customary law: the existing law codes (Sudebniki) did not cover all the diversity of legal cases.

Assessing the Role of the Justice-of-the-Peace Courts in the Russian Judicial System

2012 ◽  
Vol 37 (4) ◽  
pp. 377-393 ◽  
Author(s):  
Kathryn Hendley
Keyword(s):  
Plea Bargaining ◽  
Judicial System ◽  
District Courts ◽  
Criminal Cases ◽  
Policy Makers ◽  
Policy Goals ◽  
Civil Cases ◽  
Almost All ◽  
Justice Of The Peace

Justice-of-the-peace courts (JP courts) have been in operation for ten years in Russia. The article assesses the extent to which they have fulfilled the original policy goals of diverting mundane cases away from the raionnye (district) courts and making the legal system more accessible to ordinary citizens. Policy makers have repeatedly tinkered with their jurisdictional parameters in order to find a proper dividing point between the JP courts and the district courts. The caseload data document that the JP courts now handle almost all first-instance administrative cases, as well as about three-quarters of all civil cases. Their role in criminal justice is more constrained. Their success in processing huge numbers of cases is facilitated by the use of “judicial orders” (sudebnye prikazy) in many civil cases, and by the use of a type of plea bargaining (osoboe proizvodstvo) in criminal cases. Each of these procedural mechanisms obviates the need for a full hearing on the merits.

scholarly journals Advokat dan Hukum Ekonomi di Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Abdul Haris Naim
Keyword(s):  
Law Enforcement ◽  
General Public ◽  
Criminal Cases ◽  
Legal Advice ◽  
Economic Law ◽  
The Law ◽  
Civil Cases

<p><em>The role of law </em><em>graduates</em><em> in Indonesia is very important in overcoming problems that exist in society when working as an advocate. But sometimes the profession sometimes gets a slanted view in the middle of society. This is due to the lack of literacy from the general public. Important advocates need to be considered because in addition to providing legal advice by defending the rights of suspects in criminal and civil cases. In criminal cases, the client's interests are subjectively separated from the law, even though the suspect realizes that he made a mistake. Almost never heard of a voluntary criminal willing to be convicted. So the role of advocates in upholding economic law in Indonesia is really needed. Without the role of an advocate, law enforcement, especially those relating to economic law will not be enforced.</em></p>

Plasma Levels of Protein S, Protein C, and Factor X: Effects of Sex, Hormonal State and Age

1995 ◽  
Vol 74 (05) ◽  
pp. 1271-1275 ◽  
Author(s):  
C M A Henkens ◽  
V J J Bom ◽  
W van der Schaaf ◽  
P M Pelsma ◽  
C Th Smit Sibinga ◽  
...  
Keyword(s):  
Regression Analysis ◽  
Postmenopausal Women ◽  
Protein C ◽  
Blood Donors ◽  
Premenopausal Women ◽  
Protein S ◽  
The Other ◽  
Factor X ◽  
Normal Ranges

SummaryWe measured total and free protein S (PS), protein C (PC) and factor X (FX) in 393 healthy blood donors to assess differences in relation to sex, hormonal state and age. All measured proteins were lower in women as compared to men, as were levels in premenopausal women as compared to postmenopausal women. Multiple regression analysis showed that both age and subgroup (men, pre- and postmenopausal women) were of significance for the levels of total and free PS and PC, the subgroup effect being caused by the differences between the premenopausal women and the other groups. This indicates a role of sex-hormones, most likely estrogens, in the regulation of levels of pro- and anticoagulant factors under physiologic conditions. These differences should be taken into account in daily clinical practice and may necessitate different normal ranges for men, pre- and postmenopausal women.

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