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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Difference between Attorney, Barrister, Lawyer, and Solicitor

Have you ever wondered? The difference between attorney, barrister, lawyer, and solicitor? How about advocate, counsel, counselor, or counselor-at-law?

Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning ‘one appointed or constituted’ and the word’s original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation ‘Esq.’ for ‘Esquire’ used by some lawyers … it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address. However, it is a title that is specifically male with no female equivalent, so its use by lawyers should fade away.

Source: dictionary.com

About Claydesk:

Korporate Solutions, Inc. d/b/a ClayDesk is a leading provider of e-Discovery and cloud computing solutions worldwide with its registered office located in Lahore, Pakistan, and branch offices in Piscataway, NJ and Dubai, UAE. Our e-Discovery services cover the entire EDRM cycle including information governance and compliance. Having JD’s as part of our core team, our onshore and offshore document review capabilities are unmatched in the industry.

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

(855) 833 7775 (703) 646 – 3043

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Outsourcing – Offshoring e-Discovery: Data Security Concerns

Data security concerns remain prevalent today with many law firms and corporate department. The technological advancements in the field of e-Discovery can be seen frequently, especially in the predictive coding arena. While attorneys may not be tech savvy, there are platforms available that provide the highest level of data security. For instance, a customized version of think client architecture only allows images to be sent to a terminal client, without transferring any data. Perhaps, only a handful companies are using this type of technology, but I managed to find OrangeLT – according to them, “Orange Legal Technologies’ software architecture approach alleviates the challenges typically associated with a web-based approach by leveraging a custom implementation of aterminal services architecture. Simply stated, this approach does not require entire documents to be transferred over the web, as only images of the documents need to be transferred”

One of the key concerns in offshore based E-discovery processing is about data security, and whether it leaves the US shores? The answer to this is an emphatic “No” – data does not leave US shores at any point in time. The offshore team logs into the servers in the US through a 128 bit encrypted VPN channel & processes the information as required (Native extraction, review, coding, tiffing etc.)

Secondly, we leverage upon state of the art technologies, adhering to highest standards pertaining to data security.

Some of the common question asked by us are:

1. Is my data encrypted?

Yes. We ensure your connection to the application using 256 bit AES SSL encryption, which is the same kind of encryption banks use. Your data is backed up twice to ensure safety and potential loss. This ensures that your data is safe with us and cannot be read by an unauthorized person.

2. Where are my documents stored?

The data you provide are stored in a highly secure enterprise SSAE16 SOC-1 Type II certified data center located in the United States. No transferring of data takes place to any offshore facility or server. Data centers are equipped with a minimum of N+1 power redundancy along with facilities such as Uninterruptible Power Supply (UPS) systems to cater to power spikes and surges. Additionally, data centers are monitored and recorded using CCTV 24×365, staffed with 24-hour security officers to augment physical security features, providing financial-grade protection of your mission-critical data.

3. What about data security?

Following the ISO/IEC 27001:2005 standards which are internationally recognized as the definitive best practice on information security management, incorporates development, implementation and maintenance of stringent privacy, confidentiality and IT/infrastructure controls, ClayDesk takes security and protection of your data very seriously. We deploy certified security and forensic specialists as watchdogs over your data. ClayDesk ensures that federally regulated security standards, including Sarbanes-Oxley and HIPAA compliance standards, as well as meeting the Statement on Auditing Standards No. 70: Service Organizations, Type II (SAS70 Type II) are met.

About Claydesk:

Korporate Solutions, Inc. d/b/a ClayDesk is a leading provider of e-Discovery and cloud computing solutions worldwide with its registered office located in Lahore, Pakistan, with branch offices in Piscataway, NJ and Dubai, UAE. Our e-Discovery services cover the entire EDRM cycle including information governance and compliance. Having JD’s as part of our core team, our onshore and offshore document review capabilities are unmatched in the industry.

e-Discovery | cloud computing

New Jersey, USA | Lahore, PAK | Dubai, UAE

info www.claydesk.com

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What if a Naval Officer commits a ‘Civil’ offence?

This is a common question being asked by personnel most of the time. First, a Civil offense in the eys of Naval law is basically a criminal offense. Keeping that in mind, if a serving officer commits a civil offense outside the jurisdiction of Naval unit, he is basically held responsible for his actions like any other citizen would. Navy, however, has the say in determination of jurisdiction for the trial. In other words, Navy could call the entire matter and investigate the matter itself before reaching any conclusions. The magistrate in civil courts is bound to provide all documentary evidence as well as allow the individual to be taken into Naval custody. Subsequently, Navy can then conduct appropriate trial based on evidence and investigation. The JAG attorneys are responsible for handling the case from start till the culmination of the said matter.

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Pakistan Navy Judge Advocate General Corps

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PAKISTAN NAVY JUDGE ADVOCATE GENERAL CORPS

This is the forum to read all about the JAG Corps of Pakistan Navy, and ask questions regarding Pakistan Navy Ordinance, 1961, Naval-Regulations (Part I & II) as well as other ancillary matters thereof. This blog will contain laws on specific topics for the military personnel.

To start with, here are all the laws relating to Pakistan Navy:

1. The Pakistan Navy Ordinance, 1961 (XXXV of 1961)

2. The Pakistan Naval Academy (Award of Degrees) Ordinance, 1965 (XX of 1965)

3. The Naval Armament Act, 1923 (VII of 1923)

4. The Pakistan Navy (Extension of Service) Act, 1950 (XXIV of 1950)

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