Case Management, Similar Fact Evidence in Civil Cases, and a Divided Law of Evidence

This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is his propensity to act, think, or feel in a given way; or evidence of his reputation, that is his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known. The chapter considers civil cases in which bad character designated ‘similar fact evidence’ has been admitted

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The Law of Evidence in Civil Cases

Harvard Law Review ◽

10.2307/1321600 ◽

1896 ◽

Vol 10 (5) ◽

pp. 319

Author(s):

E. S. ◽

Burr W. Jones

Keyword(s):

The Law ◽

Civil Cases ◽

Law Of Evidence

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Rhetoric and Law

The Oxford Handbook of Rhetorical Studies ◽

10.1093/oxfordhb/9780199731596.013.033 ◽

2015 ◽

pp. 396-408

Author(s):

Lorna Hutson

Keyword(s):

Sixteenth Century ◽

Common Law ◽

Criminal Procedure ◽

Legal Development ◽

Major Development ◽

The Law ◽

Civil Cases ◽

Reasons For Decisions ◽

Law Of Evidence

This chapter reexamines the older scholarly consensus that humanist rhetoric had no great effect on legal development in sixteenth-century England. It argues that the humanist emphasis on topical invention led to a blurring of distinctions between rhetoric and dialectic, and that key to both were artificial proofs derived from “circumstances,” “accidents,” and “predicaments.” It shows first how circumstances, employed in criminal procedure, helped develop the law of evidence and then goes on to show how this terminology was used to shape the “reasons” for decisions in highly significant civil cases such as Calvin’s Case (1608). If a major development of English common law in this period is its new emphasis on the reasoned decisions of courts as a source of law, this article proposes that it was topical invention that shaped the “reasons” and, hence, the law.

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Commentaries on the Law of Evidence in Civil Cases

Harvard Law Review ◽

10.2307/1326680 ◽

1914 ◽

Vol 27 (8) ◽

pp. 770

Author(s):

E. R. T. ◽

Burr W. Jones ◽

L. Horwitz

Keyword(s):

The Law ◽

Civil Cases ◽

Law Of Evidence

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Prospects of Using Early Neutral Evaluation in Case Management of Complex Civil Cases in Malaysia

European Journal of Economics and Business Studies ◽

10.26417/ejes.v3i1.p9-19 ◽

2015 ◽

Vol 3 (1) ◽

pp. 9

Author(s):

Norman Zakiyy ◽

Kamal Halili Hassan

Keyword(s):

Case Management ◽

Justice System ◽

Financial Resources ◽

Asian Countries ◽

Evaluation Program ◽

Future Goals ◽

Litigation Process ◽

Depth Study ◽

Civil Cases ◽

Complex Cases

In Malaysia, pretrial case management has been made an integral part of the litigation process since it is designed to manage cases systematically and within strict deadlines. However, dealing with the evaluative value of complex cases might not be easy, especially for the inexperienced lawyers and some judges who are not familiar with certain areas of law. This study proposes the use of early neutral evaluation for resolving complex civil cases in Malaysia during pretrial case management. Thus, this study sought to examine whether early neutral evaluation can be used effectively to identify issues at the earliest possible time to ensure early disposal or settlement of civil cases. Therefore, the objectives of this study are; first, to explore the viability of introducing an early neutral evaluation program during case management under Malaysia Rules of Court 2012; and secondly to evaluate the potential of adopting an early neutral evaluation programme in Malaysia. The finding shows that early neutral evaluation is consistent to the practice of case management under the Malaysian Rules of Court 2012. Although the Malaysia Rules of Court 2012 provides an opportunity for the adaptation of Early Neutral Evaluation, the introduction and sustainability of such programme would depend largely on a more in-depth study relating to financial resources, readiness of disputants, future goals and expectations of the Malaysian judiciary; and commitment of various stakeholders of the justice system. This study is expected to enrich present literature relating to civil procedure and also provide an overview on possible amendments to current procedural court rules particularly in Asian countries.

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