Civil procedure - sufficiency of evidence not reviewable in absence of post-verdict judgment as a matter of law or new trial motion - Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc.
Civil Procedure--Sufficiency of Evidence Not Reviewable in Absence of Post-Verdict Judgment as a Matter of Law or New Trial Motion--Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (2006) The Federal Rules of Civil Procedure were enacted in 1938 to "secure the just, speedy, and inexpensive...

Mattoo case got focus again.
Byline: Bhadra Sinha NEW DELHI: Both the Jessica case and the Nitish Katara case are at a critical stage now. Interestingly, CBI's appeal in the Mattoo case had languished for over six years, waiting its turn at the bench. But for the public outcry following...

Men & women lawyers.
ALL that the Senate and the House of Representatives can do in behalf of Francisco Juan Larranaga, a Spanish-Filipino sent to the death row for the rape and murder of the Chiong sisters in Cebu City, is have the party concerned petition the Supreme Court to allow retrial before...

Lawyers, guns, and money: what price justice?
Bracy v. Gramley, 117 S. Ct. 1793 (1997) I. INTRODUCTION In Bracy v. Gramley,(1) the United States Supreme Court held that a triple-murder defendant, William Bracy, who was convicted by a judge who was subsequently convicted of bribery, showed "good cause" for discovery on his due...

CrPC was enacted after 1857 mutiny.
What is the Code of Criminal Procedure? The criminal justice system can be divided into two parts - the first defines the elements of a particular crime and specifies the punishment. The second part determines the way in which prosecution and justice will be done. ...

Origins of the genocide convention.
REMARKS OF HENRY T. KING, JR. I first saw Raphael Lemkin--the man who coined the word "genocide" and identified it as an international crime--at the Grand Hotel in Nuremberg in 1946. At that time, he was unshaven, his clothing was in tatters, and he looked disheveled. Lemkin...

Selecting the guilty perpetrator: an examination of the effectiveness of sequential lineups.
Justice cannot be for one side alone, but must be for both. (1) I. INTRODUCTION In September of 1985 at a criminal trial, a rape victim pointed to Dennis Brown and exclaimed, "[h]e's the man." (2) She motioned close to her nose and further elaborated,...

Whiskey and the wires: the inadvisable application of the wire fraud statute to alcohol smuggling and foreign tax evasion.
I. INTRODUCTION In Pasquantino v. United States, (1) the Supreme Court held that a scheme to defraud a foreign government of tax revenue violates the wire fraud statute. (2) The Court further held that the common law revenue rule does not preclude prosecutions for wire fraud violations...

Flexible standards, deferential review: Daubert's legacy of confusion.
I. INTRODUCTION Expert evidence--particularly expert scientific evidence--has long been thought to require special treatment in the courtroom. (1) Concern about "junk science" and fear that jurors will be easily impressed by such evidence are two oft-cited reasons for giving special attention to expert testimony. (2) Addressing these...

Legal basis for Erap bail.
Byline: Sen. MIRIAM DEFENSOR SANTIAGO I HUMBLY submit that President Estrada may still apply for bail with the Sandiganbayan, even if he is charged with a capital offense. This is allowed under Supreme Court Administrative Circular No. 12-94 (1994). It is also allowed under the ruling in...