SAS Open Journals
Not a member yet
4299 research outputs found
Sort by
Recommendations for the probity of computer evidence
Get PDFThere exists widespread misunderstanding about the nature of computers and how and why they are liable to fail. The present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem is the evidential presumption that computers are reliable. This presumption is not warranted. To this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial.
Index words: electronic evidence; computer systems; disclosure; discovery; recommendations for judges; fairness of legal proceeding
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 3 13 March 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 3 13 March 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Medical Negligence Dispute Resolution in China: Social Stability and Preventative Measures
Get PDFMedical negligence is an important issue in China today, threatening to undermine the party-state policy objectives of social stability and the right to health, thus requiring effective solutions. China’s response includes a dispute resolution regime for issues of medical negligence, structured as a bifurcated administrative and court regime and supplemented by mediation. This Note examines this dispute resolution regime, its difficulties and possible ways of reform. More specifically, it explores whether the current assignment of liability is appropriate when considered in the context of the system’s relationship to the policy objective of social stability and suggests that social stability may be more efficiently achieved by greater utilization of preventative measures.
Keywords: medical negligence; medical disputes; China; mediation; social stability; right to health
Editor's introduction
No full textIn this Editorial, Tugçe Yalçin (Editor-in-Chief of ISLRev, Institute of Advanced Legal Studies, University of London) welcomes you to the COVID Special issue of the IALS Student Law Review (ISLRev) and introduces the articles featured in this issue of the journal
Pop goes the diesel! A Case comment on Case C‑343/19 Verein fur Konsumenteninformation v Volkswagen AG
Get PDFCase C 343/19 Verein fur Konsumenteninformation v Volkswagen AG is an EU jurisdictional dispute about an Austrian consumer claim concerning vehicles that were defectively manufactured by a German company. The resulting decision by the Court of the Justice of the European Union (CJEU) granted jurisdiction for Austrian courts to hear the case. This case comment will proceed in five steps. Firstly, it provides a summary of the facts. Secondly, it lays down the jurisdictional rules per Brussels I Regulation 2012 (Brussels I), and the precedent surrounding Article 7(2) Brussels I on alternative jurisdiction for torts. Thirdly, it agrees with the CJEU that the place of final purchase before the scandal (Austria) is the place of initial damage. Fourth, it criticises the CJEU’s characterisation of the case as one involving material damage rather than pure financial loss, while using reasoning from pure financial loss case to justify granting alternative jurisdiction in the present dispute. Finally, this comment laments that the CJEU failed to (1) clarify alternative jurisdiction rules for when the place of purchase and place of marketing are different, and (2) flesh out substantive criteria for what ‘other specific circumstances’ are required in order to grant Article 7(2) alternative jurisdiction
An approach to the judicial evaluation of evidence from computers and computer systems
Get PDFThe evaluation of evidence derived from a complex computer system is difficult: past experience of reliable operation in general is an uncertain guide to the value of specific evidence in a particular case. By setting the evidence in question in the context of the complete transaction to which it pertains, and tracking the system’s processing path for the transaction, better guidance may be obtained. Difficulty in elucidating the processing path may itself cast doubt on the evidence in question.
Index words: complexity, computer, evidence, path, transactio