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Legal-project management meets traditional project management particularly in the area of electronic discovery. [5] E-discovery in particular has a set of regularized, repeatable, and measurable practices and has been subject to great cost-control pressure for the past few years, making it a specialty within law amenable to traditional project management.
Legal analysis is two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States , in most law schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an outcome-predicting memorandum (positive or negative) of a given action for the attorney's client; and (2) persuasive analysis, e.g ...
Transactional law is the practice of private law relating to money, business, and commerce. [1] Areas of focus include providing legal aid to entrepreneurs through contract drafting, real estate acquisition, and intellectual property affairs. [ 2 ]
Strategy is the process of designing and achieving a desired final outcome. [4] Basic litigation strategies organize a case so that it has a cohesive focus. Advanced strategies will anticipate and even shape events, decisively guiding the situation to the desired outcome.
Litigation risk analysis is a growing [when?] practice by lawyers, mediators, and other alternative dispute resolution (ADR) professionals. [citation needed] When applied in mediation settings, litigation risk analysis is used to determine litigated best alternative to negotiated agreement (BATNA) and worst alternative to negotiated agreement (WATNA) scenarios based upon the probabilities and ...
Claim charts may also be used to support an argument that a patent claims ineligible subject matter, such as a law of nature or a conventional business practice. The left column of this type of chart is the same as that of the claim charts described above.
California's complex civil litigation program provides an example of defining jurisdiction based on litigation process criteria, such as the presence of large numbers of witnesses, parties, and pre-trial motions, and the need for coordination with other cases (though some categories of case types are deemed provisionally complex). [40]
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.