Category: Arbitration

 
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Estimating the Cost of Civil Litigation !!

THE National Center for State Courts (NCSC) developed a model of cost estimation that is based on the time of expended by attorneys in various litigation tasks in a variety of civil cases filed in state courts. The litigation cycles are presented in another blog. The NCSC published an estimationRead More

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The litigation cycle.

  As the litigation can be very complex or very simple is can be modelled to six stages.  The stages are Case Initiation, Discovery, Settlement, Pretrial Motions, Trial, Post-Disposition. For all case types, a trial is the single most time-intensive stage of litigation, encompassing between one-third and one-half of total litigation time in cases that progressRead More

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CONTRACT.—I. HISTORY.

By Oliver Wendell Holmes, Jr.   The doctrine of contract has been so thoroughly remodelled to meet the needs of modern times, that there is less here than elsewhere for historical research. It has been so ably discussed that there is less room here elsewhere for essentially new analysis. ButRead More

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FRAUD, MALICE, AND INTENT.—THE THEORY OF TORTS.

By Oliver Wendell Holmes, Jr.   The next subjects to be considered are fraud, malice, and intent. In the discussion of unintentional wrongs, the greatest difficulty to be overcome was found to be the doctrine that a man acts always at his peril. In what follows, on the other hand,Read More

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Island Laws.

  By Cuming Walters.   A VERY curious and interesting phase of self-government is that which is supplied by the independent legal system established in various small islands in the United Kingdom. It is amusing to notice these little communities on rocky islets tenaciously preserving their ancient privileges, and revellingRead More

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Post-Mortem Trials.

By George Neilson.   IT might be thought that a man’s death made an end of him, and that his mere body had no rights or duties except that of getting decently buried. The middle age had other ideas. The dead still had status and duties. Continental laws recognised actsRead More

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Barbarous Punishments.

By Sidney W. Clarke.   THAT the world has become more merciful as it has grown older, is a truism at once apparent to anyone who gives even a cursory glance at any of the numerous works dealing with the criminal laws of the olden time. Still the approach toRead More

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Obiter.

By George Neilson.   THE claims of the legal profession to culture were cleverly belittled by Burns, when he made the New Brig of Ayr wax sarcastic over the town councillors of the burgh:— “Men wha grew wise priggin owre hops an’ raisins, Or gathered lib’ral views in Bonds andRead More

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Commonwealth Law and Lawyers.

  Edward Peacock, f.s.a.   THE great Civil War as it is called, that is the struggle between Charles the First and his parliament, is memorable in many respects. No student of modern history can dispense with some knowledge of it, and the more the better, for it was theRead More

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The Little Inns of Court.

  THE origin of the decadent institutions located in certain grim and dreary-looking piles of building dotting the district of the Inns of Court proper, and known as the little Inns of Court, is involved in considerable obscurity. They appear to have originally held a similar position to the greatRead More