Word: trialing
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More innovation followed soon after, when Nesson decided that, in the interests of open access, the proceedings of the Tenenbaum case should be available online. “[In] the original constitution, the idea of a public trial was that anybody from the village could come and see the trial,” Nesson tells me. “So now, all of a sudden, we find ourselves in an internet world where the technology permits everyone in the village to come to the trial again...Law needs to be aware of that.” In late December...
...long as there’s that necessity, his students say, Nesson will go forward. With a potential Supreme Court appeal on the table, a trial still in the offing, and—perhaps most importantly—an open Internet, a public domain to defend, the future will not wait...
...tactic was about more than just making a scene. What Stroup and Cusick had been doing behind the NORML/High Times booth was illegal: this was hardly in doubt. But by demanding a trial, Nesson and his clients were hoping to make a start on changing that—tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law?...
...course, not all jury outcomes are necessarily favorable. If the Tenenbaum case goes to trial, it will be the second of its kind. The only other case from the recording industry’s five-year litigation campaign to reach a jury was that of a Minnesota woman named Jammie Thomas, who was sentenced in 2007 to pay $220,000 to the record companies for her file-sharing activities. A juror went on record after that trial calling Thomas a “liar.” (Thankfully for Thomas, a judge later threw out the trial verdict, invalidating...
...small strategy session was well-warranted. In the array of “discovery” tools available to civil litigators for building a case pre-trial, deposition is one of the most powerful—an opportunity for one side’s lawyers to conduct a virtual interrogation of potential witnesses, often at their own law offices, with a court reporter present to transcribe. Put under oath and given very few grounds for objection, the deposed party has no recourse for evasion. Add to this the fact that depositions often last for hours and even days...