A lawsuit against media streaming company Grooveshark by music labels is fertile ground for determining whether an anonymous commentator can be unmasked, and under what circumstances media shield laws apply to protect that person’s identity from being revealed in court….
Posts Tagged ‘attempt’
Another Attempt To Unmask An Anonymous Poster
25
Jan
A lawsuit against media streaming company Grooveshark by music labels is fertile ground for determining whether an anonymous commentator can be unmasked, and under what circumstances media shield laws apply to protect that person’s identity from being revealed in court….
Google+ Goes Live To Everyone
20
Sep
Google’s new attempt at a social network is now open to the general Google user community, and from Google’s perspective, anyone who would like to join that community. The service started some three months ago and attracted interest from the…
Understanding the US Constitution
04
Jul
OK, so today is not the anniversary of the US Constiution but after reading and understanding the drafting process that produced the Declaration of Independence (see above post), it seem logical that all interested non-specialists make an attempt to under…
How to Make Offers of Proof
31
May
| From the Jurisdictionary Evidence Tutorial …
If you begin to offer evidence and, before you can get it before the court, the other side objects and the court sustains the objection, you must move the court to allow you to make clear on the record what the evidence was. This is called an offer of proof. If you don’t get your evidence in and don’t offer the proof, you’ll have nothing to appeal if the court rules against you. You won’t be able to win on appeal, because the record for the appellate court to review will not show what the evidence would have been! Therefore, when your attempt to get evidence in is prevented by the court’s sustaining the other side’s objection, be sure to make an offer of proof stating what the evidence would have been and what you intended to prove by it. Then, if an appeal must be taken to the higher court on the basis that you were not allowed to get the evidence in, you’ll have a record to show what the evidence was (or would have been) and be able to argue that “but for” the excluded evidence you would have won … or, at least, that you should be given another chance on remand to the trial court with instructions from the appellate court! In jury trials, offers of proof should be made outside the hearing of the jury. In some cases an offer of proof may be made at the bench, but if you make your offer of proof at the bench, make certain the court reporter comes over to the bench along with his or her recording device to take down every word you, the judge, and other side say! No record = no appeal possible. No appeal possible = judge free to rule as he chooses! Not good.
To learn more about offers of proof, evidence, motions, hearings, pleadings, witness testimony, and other essential know-how you must have to win in court (with or without a lawyer), discover the easy-to-learn methods I teach in my affordable step-by-step official Jurisdictionary self-help course). I’ve been working 25 years as a case-winning lawyer. Accept no substitutes!
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Another Attempt To Unmask An Anonymous Poster
A lawsuit against media streaming company Grooveshark by music labels is fertile ground for determining whether an anonymous commentator can be unmasked, and under what circumstances media shield laws apply to protect that person’s identity from being revealed in court….
Posted in Current Affairs, Litigation in the News