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Trial lawyers often must make split-second decisions and judgment calls that do not follow all the procedural steps required to ensure presentation of an issue on appeal.Focusing on the preservation of appellate complaints in federal trial courts, this book helps civil trial and civil appellate lawyers take the right steps to ensure preservation.

Premier et seul traite sur le sujet, cet ouvrage livre aux praticiens comme aux chercheurs une analyse exhaustive, minutieuse et critique des regles et jurisprudences gouvernant la requete civile, voie de recours extraordinaire aux contours subtils et de manipulation extremement delicate. Avec souci du detail autant que de la synthese et de la clarte, sont successivement abordes les parties au recours, les decisions qui en sont susceptibles, les causes donnant ouverture a la requete civile, les formes et delais a observer, les effets induits par l'introduction de la requete et, enfin, les voies de recours ouvertes a l'encontre de la decision se prononcant a son endroit. Tout en s'inscrivant dans une perspective resolument pratique, cette monographie, richement documentee, n'elude aucune difficulte ni n'esquive aucune controverse dont la rigueur scientifique commande l'etude critique.

In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

Hydrogen sulfide (H[sub.2]S), a novel gas signaling molecule, plays a crucial role in plant growth and stress response. However, little attention has been devoted to the regulation of H[sub.2]S on nutrient transport and utilization in legume-rhizobia symbiosis systems. Although we have previously proven that H[sub.2]S synergized with rhizobia to considerably enhance nitrogen (N) metabolism and remobilization in N-deficient soybeans, it remains uncertain if changes in nutrient absorption, metabolism, and accumulation occur concurrently. Therefore, employing a synergistic treatment of H[sub.2]S and rhizobia, we examined the dry matter biomass and carbon (C), N, phosphorous (P), and potassium (K) nutrient content in various organs of soybean from blooming to maturity. Firstly, H[sub.2]S and rhizobia application obviously improved leaf and plant phenotypes and biomass accumulation in different organs during N-deficient soybean development. Second, from flowering to maturity, the contents and stoichiometric ratios of C, N, P, and K in various organs of soybean were changed to variable degrees by H[sub.2]S and rhizobia. Furthermore, H[sub.2]S collaborated with rhizobia to significantly affect grain nutrient harvest across soybean growth as well as overall plant nutrient accumulation. Consequently, H[sub.2]S synergizes with rhizobia to optimize grain harvest quality and nutrient accumulation across the plant by managing the rational allocation and dynamic balance of nutrients in diverse organs, hence boosting soybean development and production.

In the present energetic scenario, the development of materials with high potentiality in the technological fields of energy conversion processes, production and storage of hydrogen, are of great interest in the scientific community. In particular, we report for the first time the fabrication of crystalline and homogeneous barium-cerate-based materials in the form of thin films on various substrates. Starting from the β-diketonate precursor sources Ce(hfa)[sub.3]diglyme, Ba(hfa)[sub.2]tetraglyme and Y(hfa)[sub.3]diglyme (Hhfa = 1,1,1,5,5,5-hexafluoroacetylacetone; diglyme = bis(2-methoxyethyl)ether; tetraglyme = 2,5,8,11,14-pentaoxapentadecane), a metalorganic chemical vapor deposition (MOCVD) approach has been successfully applied to the fabrication of BaCeO[sub.3] and doped BaCe[sub.0.8]Y[sub.0.2]O[sub.3] systems in the form of thin films. Structural, morphological and compositional analyses allowed for an accurate determination of the properties of deposited layers. The present approach represents a simple, easily scalable, and industrially appealing process for the production of compact and homogeneous barium cerate thin films.

The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires disputes to be submitted to binding arbitration (e.g., Netflix, Hulu, Cash App, a phone or cable company), yet most are unaware that they have, in fact, agreed to mandatory arbitration (also known as “forced arbitration”). Indeed, over 99% of respondents who think they have never entered into an arbitration agreement likely have done so. Over 92% of respondents report that they have never based a decision to use a product or service on whether the terms and conditions contain an arbitration agreement. When prompted, they largely endorse the following reasons: they were unaware of the arbitration clause, they did not read the terms and conditions, and they thought they had no choice but to agree to mandatory arbitration. Moreover, many respondents presume that if a dispute arises, they will still be able to access the public courts, notwithstanding that they agreed to the terms and conditions. Consumers are largely unaware of opportunities to opt out of mandatory arbitration. They generally do not pay attention to or retain information about the steps required to opt out successfully (e.g., contacting the company within a specified time period). Generally, consumers are unaware that companies like Cash App and Venmo (mobile payment systems utilized by nearly 60% of respondents) allow customers to opt out of mandatory arbitration if they act within a limited time period. Among the minority of respondents (21%) who stated that they had been given an opportunity to opt out, vanishingly few could name any of the steps required to opt out successfully. When presented with a run-of-the-mill contract, of the type consumers routinely encounter, most respondents did not take notice of the arbitration clause. Less than 5% of respondents could recall that the contract they were shown had said anything at all about arbitration. Furthermore, most consumers misperceive the consequences of signing a predispute arbitration agreement. Most mistakenly believe that, after agreeing to terms and conditions mandating binding arbitration, they can still choose to settle their dispute in court, have a jury decide their case, join a class action, and appeal a decision made based on a legal error. For instance, less than 5% of respondents correctly reported that they could neither appeal an erroneous decision to another arbitrator (or set of arbitrators) nor start all over again in court. Less than 1% of respondents correctly understood the full significance of the arbitration agreement, as indicated by their responses to questions about whether they retained the rights to sue, have a jury decide their case, access the public courts, and appeal a decision based on a legal error. In summary, consumers are generally unaware of arbitration clauses, and they tend to hold mistaken beliefs about how arbitration agreements affect consumers’ procedural rights.

Legal scholars have been trying to predict the outcomes of trials for a long time. In recent years, researchers have been harnessing advancements in machine learning to predict the behavior of natural and social processes. At the same time, the Brazilian judiciary faces a challenging number of new cases every year, which generates the need to improve the throughput of the justice system. Based on those premises, we trained three deep learning architectures, ULMFiT, BERT, and Big Bird, on 612,961 Federal Small Claims Courts appeals within the Brazilian 5th Regional Federal Court to predict their outcomes. We compare the predictive performance of the models to the predictions of 22 highly skilled experts. All models outperform human experts, with the best one achieving a Matthews Correlation Coefficient of 0.3688 compared to 0.1253 from the human experts. Our results demonstrate that natural language processing and machine learning techniques provide a promising approach for predicting legal outcomes. We also release the Brazilian Courts Appeal Dataset for the 5th Regional Federal Court (BrCAD-5), containing data from 765,602 appeals to promote further developments in this area.