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04756aam a2200409 i 4500 001 58A6BC88CD6211EE9507C16149ECA4DB 003 SILO 005 20240217010049 008 230213s2023 maua b 001 0 eng 010 $a 2023006458 020 $a 1684581648 020 $a 9781684581641 035 $a (OCoLC)1373337493 040 $a DLC $b eng $e rda $c DLC $d OCLCF $d OCLCO $d VGL $d SILO 042 $a pcc 043 $a n-us--- 050 00 $a KF8719 $b .M68 2023 100 1 $a Moukawsher, Thomas G., $d 1962- $e author. 245 14 $a The common flaw : $b needless complexity in the courts and 50 ways to reduce it / $c Thomas G. Moukawsher. 264 1 $a Waltham, Massachusetts : $b Brandeis University Press, $c [2023] 300 $a xvi, 265 pages : $b illustrations ; $c 24 cm 490 1 $a Brandeis series in law and society 504 $a Includes bibliographical references and index. 505 0 $a Prefer humanity to complexity -- Rethink 90 percent of the typical complaint : make it about key facts, not law -- Address basic pleading and proof deficiencies with a single motion -- Decide cases once : use agency remands sparingly -- Reconsider standing challenges : they invite more lawsuits -- Reduce fighting over subject matter jurisdiction : the unheard will not remain unseen -- Order discovery when a case begins : police it without written motions -- Creatively manage complex cases : no case should be too big to try -- Mediate, but don't delay the case for it -- Streamline trials : they'll be more final, more credible -- Directly involve judges in jury selection -- Increase juror numbers and diversity with remote jury trials -- Question the number of motions in limine -- Most exhibits prove undisputed facts : we don't need them -- Actively oppose cumulative and time-wasting testimony -- Too much expert testimony is discrediting experts -- Consider common sense first in family court -- Introduce time clocks to encourage efficient trials -- Needless objections annoy judges and jurors -- Make a point, not a muddle, with prior testimony -- Punish misconduct when it happens rather than in a separate proceeding -- Cross-examine crisply, crushingly, or not at all -- Humanize overstuffed, bewildering jury charges and interrogatories -- Save time in court trials by substituting longer closing arguments for posttrial briefing -- Keep cases in the hands of a single judge from start to finish -- Speed cases to trial with judicial administration instead of slowing them down -- Accelerate and simplify justice with technology -- Virtual proceedings should be the rule -- As a judge, prefer the model of a village elder -- Cases are better resolved on their facts than on the law -- Deploy canons of construction sparingly, only when they have a compelling reason to exist -- Rarely resort to legislative history : it's often unreliable -- Reduce distractions by identifying fallacies -- Don't blur laws to conquer facts -- Endless consumer disclosures aren't doing us any good : they are just low-hanging fruit -- Reduce judicial testiness : use multipoint tests only when each point has meaning -- Similar-sounding cases aren't precedent -- The best legal writing is literature, not formula -- Don't plod through the history of the case and familiar standards -- Junk the jargon -- Needless detail is ... -- The best appellate decisions deeply and plainly explain the law -- There is a better home for law clerks outside of busy work and junior judging -- Appellate courts should reform rusty rules -- The best trial court decisions get straight to saying who wins and why -- Needless complexity obscures our basically honest courts -- Lawyers must discard outdated business models -- Courts must reimagine themselves -- Rethinking law clerking can remake the future -- Recognize needful complexity and meaningful formality -- Steady courts may mean a steadier country. 520 $a "The American lawsuit is riddled with needless complexity. This book proposes fifty changes-that decide cases promptly-more on the facts than the law-more for the parties than the lawyers-more for the consequences to the people and the public-and in words we can all understand"-- $c Provided by publisher. 650 0 $a Courts $z United States. 650 0 $a Court administration $z United States. 650 0 $a Justice, Administration of $z United States. 650 6 $a Tribunaux $x Administration $z Etats-Unis. 650 7 $a Court administration $2 fast 650 7 $a Courts $2 fast 650 7 $a Justice, Administration of $2 fast 651 7 $a United States $2 fast 830 0 $a Brandeis series in law and society 941 $a 1 952 $l OVUX522 $d 20240217011945.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=58A6BC88CD6211EE9507C16149ECA4DBInitiate Another SILO Locator Search