Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

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Efficiency and integrity of process –

The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable, equitable, and efficient justice. It employs an adversarial model to reach the truth of a matter wherein each litigating party (rather than the court or special prosecutor) bears the responsibility to prove its own case to a jury and/or impartial judge by producing and challenging evidence and legal arguments. American courts adhere to the principle of “stare decisis”, which is “the idea that today’s Court should stand by yesterday’s decisions”. Kimble v. Marvel Entm’t, LLC, 135 S. Ct. 2401, 2409 (2015). The rationale behind this rule of law is that it “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process”.

Originally published by Global Legal Group Ltd, London.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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