today’s hearing

posted by professor nesson

june 29, we go this morning before judge gertner with all discovery issues on the table. the questions we ask define what we consider to be relevant. the answers to the question of whether we are entitled to ask the questions we ask are statements by the law which admits evidence to the jury of the defendants’ peers if the answers to the questions we ask might make a difference to a reasonable juror. Federal Rules of Evidence 102, 104(b), 401, 403.

Rule 102. Purpose and Construction

These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

a jury of the defendant’s peers is called upon to decide the fate of a man brought before it by force under rules that express the wisdom and justice of American law.

the Seventh Amendment provides a right to a jury trial on all issues pertinent to an award of statutory damages under § 504(c) of the Copyright Act, including the amount itself. The right to a jury trial includes the right to have a jury determine the amount of statutory damages, if any, awarded to the copyright owner.  Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998) (emphasis in original).

wisdom in its making, justice in the application

wisdom comes from we the people. the function of the rules of civil procedure and evidence is to shape the issue and the body of evidence the jury is asked to consider.