Judicial Review of Class Action Settlements Jonathan R. Macey Deputy Dean and Samuel Harris Professor of Corporate Law‚ Corporate Finance and Securities Law‚ Yale Law School. Geoffrey P. Miller Stuyvesant P. Comfort Professor‚ New York University Law School. We thank Richard Stewart for helpful comments. Both Macey and Miller have consulted in class action cases‚ and Miller has testified as an expert witness in a number of class action settlements‚ including several of the cases referenced
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jury is essentially a representation of the community and its interests‚ thus‚ enabling the views and opinions of society to be upheld when deciding a verdict. It also allows an accused to be judged by their peers and fellow citizens‚ instead of a judge‚ who may not be in touch with the ethical
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ISSUES‚ CONCERNS‚ AND CHALLENGES IN ENVIRONMENTAL ADJUCATION IN THE PHILIPPINE COURT SYSTEM DOMINIC NARDI GEORGETOWN UNIVERSITY “Environmental cases are usually novel and unique‚ with no precedent that can rely on for guidance”1 I. Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However‚ environmental cases do not always progress smoothly through the judicial system. This paper
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Judicial Affidavit Rule: Three reforms to speed up justice To speed up the delivery of justice‚ three significant reforms were instituted recently: (1) the “Judicial Affidavit Rule‚” (2) the filling up of all judicial vacancies‚ and (3) the stabilization of judicial compensation. Judicial affidavit. To ease case congestion and minimize delays in the trial courts‚ the Supreme Court promulgated on Sept. 4 (to take effect on Jan. 1‚ 2013) the Judicial Affidavit Rule. Under this new system sponsored
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and cases that are being heard by the Court of Appeal. 1. Where possible‚ state the following regarding the trial you watched (this part may be answered in point form) The name of the case (x v. y) The date(s) you attended The name of the Judge hearing the case The names of the lawyers for each party A brief summary of what was going on in the trial while you were watching. 2. From your observations and from what you have learned in class about trials‚ would you say that trials are more
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Now I am not stating that utilizing estoppel in contracts is illegal‚ because contract law is common law and therefore‚ judge made law‚ which means that judges for the most part can rule in whatever manner they decide. Albeit‚ precedent is followed as if it were written as a statute‚ but nevertheless under the common law‚ the law is not nearly as steadfast as it is with statutory law. I find
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work for the court. The workgroup is composed of the judge‚ prosecuting attorneys‚ defense attorneys‚ public defenders‚ and others that work for the court‚ such as the clerk and the court reporter. The judge has overall control of the courtroom and the workgroup. The judge is responsible for keeping the order and deciding guilt or innocents of the accused. The courtroom workgroup interacts daily in many ways. It is the responsibility of the judge to oversee all that goes on within the courtroom and
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would be damaged. The appellants stood trial before Judge Maher in March 2001. The appellants’ case at trial was that they expected the fire to extinguish itself on the concrete. It was accepted that neither of them conceived that there was any risk of the fire spreading. At the start of the trial submissions were made on the meaning of “recklessness”. The judge ruled that he was bound to direct the jury in accordance with R v Caldwell . The Judge then directed the jury on the three matters he listed
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nonprofit partnership that trains and supports thousands of volunteer advocates to work with these children as they journey through the court system toward safe‚ loving‚ permanent homes. Court Appointed Special Advocates (CASA) are appointed by judges to advocate for the child in court. The CASA volunteer advocate is frequently the most consistent person in the child’s life during their involvement with the court. Golden Crescent CASA serves the needs of abused and neglected children in Calhoun
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have exclusive jurisdiction over the vast majority of cases. Parties have a right to trial by jury in all criminal and most civil cases. A jury usually consists of a panel of 12 citizens who hear the evidence and apply the law stated by the judge to reach a decision based on the facts as the jury has determined them from the evidence at trial. However‚ most legal disputes in the United States are resolved before a case reaches a jury. They are resolved by legal motion or settlement‚ not by
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