How Judges Make Decisions?

Law students enrolled in various law schools learn little about the fundamentals of legal jurisprudence as being an elective course. Not only that, professors spend less time on this subject matter and more on the exigencies of law. Among these students become Judges and must decide on cases that range from a simple case to a highly complex legal matter. The fundamentals of jurisprudence being taught is different in various parts of the world. For instance, the teachings of law within the American legal education is different from the common law principles taught in European and Asian countries.

Following predefined learning processes, Attorneys adhere to the notion that traditional law books and materials seldom suffice in determining the outcome of the case. While books and materials provide solid understanding of legal principles, reasoning, and logic, there is a dire need of having greater understanding of how the court interprets and gives its verdict. In most cases, students are taught that the outcome of a case can either be rules in favor of the plaintiff or the defendant. As a result, comparing precedents and various historical cases and patters, students fall victim to various forms of biases.

The Legal Realism entails that typical style of judicial decisions are not quite accurate depiction of the actual process of adjudication by basing itself on the major premise of law itself, followed by facts as its minor premise, and its conclusion follows the logical certainty. This is also known as mechanical jurisprudence.

No matter how the case is decided in the court of law, legal reasons, as implicitly taught within the American legal education, solely by themselves cannot form the basis of why a Judge decided a case as he or she did! On the contrary, the rest of the world, for the most part, follows the norm of:

  • How often an existing law runs out
  • How to fulfill existing gaps within legal reasoning and logic

Some Judges deciding on matters of fact follow a certain pattern such as enforcement of norms of prevalent culture and reaching the best possible decision under the prevalent socioeconomic condition. The main role of Judges should to act as a delegated decision maker and to dig deeper into various Cases, Statutes, Principles, and Jurisprudence.

Unlike classic legal thought, the legal education, largely shaped by the legal Realists in understanding the nature of adjudicating matters, has a distinct way of looking at the law. Judges take on these approaches while deciding cases, and reach to conclusions that may turn out to be good for some people, but bad for others.

Watch a free lesson from my E-Discovery course here:

Syed Raza:

With over 20 years of combined experience in the fields Law, Management, and IT, Syed has impeccable reviewing and strong editing skills with a long track record of writing technical, legal, and management articles that make readers stop and think. Being an entrepreneur, professor, and attorney, he providesconsultancy, management consulting, and project management in e-Discovery issues in complex civil litigation. He is the CEO of ClayDesk, an e-Discovery and cloud computing consultancy firm, and can be reached at ceo@claydesk.com

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Implementation Of Law: A Word Of Wisdom





We have laws for just about everything from personal laws to commercial, contractual, e-discovery, and list goes on and on…

What’s important is to understand the ‘implementation’ of such laws! In my experience, as an attorney, I have come across hundreds of laws from all the way from legislation to the point when they are repealed! Laws have been around for a long time, yet we regularly find instances/cases where person suffered illegal detention, false imprisonment, and so forth.

The litigation hold in the process of e-discovery can be summed up in the following definition:

A litigation hold is a written directive advising custodians of certain documents and electronically-stored information (ESI) to preserve potentially relevant evidence in anticipation of future litigation

Well, easier said than done! In the NuVasive, Inc. v. Madsen Med., Inc., No. 13cv2077, 2015 WL 4479147 (S.D. Cal. July 22, 2015) case, simply implementing a legal hold was not enough to satisfy a party’s duty to preserve. Instead, the party must take affirmative steps to implement the hold, follow up with custodians to ensure data preservation, and also ensure that the hold covers all forms of data, including text messages and other emerging data formats.

Well, that seems like and, in fact, is a daunting task. In today’s computing scenario, where majority of the time the workforce is mobile, and not to mention the influx of mobile devices each of us have an use – then we try to remember “Where in the world did I save/store that document” – you get the point.

Within the realm of e-discovery, litigation can be reduced by providing an indispensable, seamless, and a fully collaborative platform/solution so that documents, text messages, and voice can be saved in repositories. Proactive approach towards data compliance will reduce costs in the long run for corporations!

The Information Governance Model (IGRM) Reference Guide at E.D.R.M does a fairly decent job at presenting a model.

While the future of e-discovery may rest on the foundation of information governance, a wise and proactive approach with special emphasis on building efficient processes, and more importantly automating those processes within the organization must be adopted to reduce legal complexities.

Here’s a sample tutorial of what SharePoint/Office 365 Compliance Center can help you achieve!

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Tax Court Approves Predictive Coding for First-Pass Document Review

Invariably, the logical answer to coping up with Big Data with regards to eDiscovery is Predictive Coding. While definitions of predictive coding vary, but a common form includes uploading electronic documents to a server followed by taking representative samples, and ‘Seed Sets’ are created by attorneys who are familiar with the legal issues of the case. Attorneys, then, review the seed sets and code each document for responsiveness or other attributes, such as privilege or confidentiality. Utilizing a re-iterative approach, predictive coding software is tweaked and adjusted regarding how the computer will analyze future documents.

Recently, a U.S. Tax Court gave permission to use predictive coding in Dynamo Holdings, Ltd. vs. Commissioner, 143 T.C. No. 9 (September, 17, 2014) case, whereby permitting a taxpayer to use predictive coding as a first-pass review of a large set of documents, despite the. Apparently, the big idea is to reduce costs. While respondents in this case asserted predictive coding to be an ‘unproven technology’, the court completely disagreed justifying this by citing several precedents along with an expert testimony. Predictive coding contains two important elements known as ‘Recall’ and ‘Precision’ – I have detailed these concepts in my earlier post.  Inspite of this, the court’s opinion is important for taxpayers faced with requests for a substantial amount of ESI, and has the potential to reduce costs that may easily run into millions of dollars.

This reaffirms one thing for sure – IT, which was once considered a necessary evil, is now evolving to form a symbiotic relationship with the legal industry, and with other industries alike. Manual document review is certainly going to be obsolete in the near future – if not already! Analytics, predictive coding, machine learning products and technologies providing us with business intelligence (BI) to make informed decisions. For example, Microsoft’s newest products such as Delve, along with host of BI tools provide meanings to your data, while SharePoint e-Discovery center adheres to the regulatory compliance and standards. With this said, predictive coding technology is essentially replacing manual work, and tech savvy attorneys seem to have a ball with one!

The important aspect in this regard lies with determining the optimal values for ‘recall’ and ‘precision’ within the predictive coding software!

e-Discovery and | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043


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The Power Of Cloud Computing: Multi-Tenant Database Architecture

Software as a Service (SaaS) denotes a novel and innovative paradigm, and the fact that companies do not have to purchase and maintain their own Information Technology (ICT) infrastructure; instead services from third party are acquired. Multi-tenancy permits SaaS providers to provide similar service to various customers (tenants), which share physical and/or virtual resources transparently.

Multi-tenancy database architecture essentially forms a design in which a single instance of the software is run on the service provider’s infrastructure, and multiple tenants access the same instance. Simply put “A multi-tenant application lets customers (tenants) share the same hardware resources, by offering them one shared application and database instance, while allowing them to configure the application to fit their needs as if it runs on a dedicated environment”. One of the most conspicuous features of Multi-tenant architecture is that allows for consolidating multiple businesses onto the same operational platform or system. Multi-tenancy invariably takes place at the database layer of a service. As an analogy, think of a rental apartment building with numerous tenants, each having its own requirement of storage, space, and utilities.

Easier application deployment for service providers, improved rate of hardware utilization, and reduction in overall costs especially for SMEs are core benefits of Multi-tenant model. In traditional single-tenant software development, tenants usually have their own virtual server. This set-up is similar to the traditional Application Service Provider (ASP) model. However, in the SME segment, for instance, server utilization in such a model is low. By placing several tenants on the same server, the server utilization can be improved.

There different kinds of Multi-tenant models that exist in database applications today are as follows:

1.   Separate application, separate database, and infrastructure (Isolated Tenancy)

2.   Separate application, separate database, shared infrastructure (Infrastructure Tenancy)

3.   Shared application separate database, shared infrastructure (Application Tenancy)

4.   Shared application, shared database, shared infrastructure (Shared Tenancy)

The figure below illustrates a high level architecture of Multi-tenancy. Multi-tenant approaches as a continuum paradigm. The far left (Isolated Tenancy) depicts each tenant with its own application instance running and as we move further towards the right, sharing of tenancy increases, ultimately reaching the far right side (Shared Tenancy)

multi-tenancy-application-architecture

Multi-tenancy application architecture


e-Discovery and | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043


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4 Ways SharePoint 2013 e-Discovery center can keep you ‘Litigation Ready’

The biggest cost driver in e-discovery is document review.  Law firms and corporations are actively seeking ‘ways’ to curtail costs without compromising on quality. Predictive coding technologies, outsourcing, offshoring, dual-shoring, insourcing, and other methods are all the ‘ways’ that can be utilized in order to meet desired objective – bring costs down!

How many of us truly think about being ‘litigation ready’ or being prepared for future litigation? Having a proactive approach is sometimes difficult, especially when costs are key a concern, however, it may actually result in being cost effective in the longer run. Microsoft SharePoint e-Discovery module is essentially the proactive part of maintaining litigation readiness. According to Microsoft:

“Typically, e-Discovery requires searching for documents, websites, and email messages spread across laptops, email servers, file servers, and other sources, and collecting and acting on content that meets the criteria for a legal case. In SharePoint Server 2010, Microsoft added the Hold and e-Discovery feature, which made it possible to place a hold on any site in SharePoint. A records manager could put documents, pages, and list items on hold, which prevented users from deleting or editing them. Exchange 2010 introduced a way to place legal holds on mailboxes, conduct searches across multiple mailboxes, and use a Windows PowerShell cmdlet to export mailboxes.”

E-Discovery in SharePoint 2013 includes new ways to reduce the cost and complexity of discovery. These include:

  • The e-Discovery Center, a central SharePoint site used to manage preservation, search, and export of content stored in Exchange and SharePoint across SharePoint farms and Exchange servers.
  • SharePoint In-Place Hold, which preserves entire SharePoint sites. In-Place Hold protects all documents, pages, and list items within the site but allows users to continue to edit and delete preserved content.
  • Exchange In-Place Hold, which preserves Exchange mailboxes. In-Place Hold protects all mailbox content through the same UI and APIs used to preserve SharePoint sites.
  • Query-based preservation allows users to apply query filters to one or more Exchange mailboxes and SharePoint sites and restrict the content that is held.


e-Discovery | cloud computing
New Jersey, USA | Lahore, PAK | Dubai, UAE
www.claydesk.com
(855) – 833 – 7775
(703) – 646 – 3043

SharePoint 2013 e-Discovery

SharePoint 2013

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