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Bench and Bar Experiences

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Thursday, July 16, 2015. Shall" - Mandatory or Directory? Hon John J. DiMotto. Legal Definition of "Shall". According to Black's Law Dictionary, the term "shall" is defined as follows:. If the reader stops reading at this point, the reader might think that "shall" must always mean "shall." However, one must read on. The definition goes on to say:. Case Law Construction of "Shall". 1) Th...

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Bench and Bar Experiences | johndimotto.blogspot.com Reviews

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Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Thursday, July 16, 2015. Shall - Mandatory or Directory? Hon John J. DiMotto. Legal Definition of Shall. According to Black's Law Dictionary, the term shall is defined as follows:. If the reader stops reading at this point, the reader might think that shall must always mean shall. However, one must read on. The definition goes on to say:. Case Law Construction of Shall. 1) Th...

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7 the preclusion doctrine

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Bench and Bar Experiences | johndimotto.blogspot.com Reviews

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Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Thursday, July 16, 2015. Shall" - Mandatory or Directory? Hon John J. DiMotto. Legal Definition of "Shall". According to Black's Law Dictionary, the term "shall" is defined as follows:. If the reader stops reading at this point, the reader might think that "shall" must always mean "shall." However, one must read on. The definition goes on to say:. Case Law Construction of "Shall". 1) Th...

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johndimotto.blogspot.com

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Bench and Bar Experiences: December 2014

http://johndimotto.blogspot.com/2014_12_01_archive.html

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Wednesday, December 10, 2014. ELECTRONIC SURVEILLANCE AND ONE PARTY CONSENT IN WISCONSIN. HON JOHN J. DIMOTTO. 96827 - 968.37. The WESCL has undergone revision multiple times since 1969 and has been construed by case law over the years. Currently, one party consent is addressed in 968.29(3)(b), 968.31(2)(b) and (c) which read:. Under 968.27(12), an oral communication "means any oral...

2

Bench and Bar Experiences: February 2015

http://johndimotto.blogspot.com/2015_02_01_archive.html

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Wednesday, February 11, 2015. INFORMED CONSENT IN WISCONSIN: PAST AND PRESENT. Hon John J. DiMotto. In Wisconsin, common law has long recognized the need for the consent of a patient to a medical procedure. In Throne v. Wandell. In Paulsen v. Gundersen,. In Trogun v. Fruchtman. In Scaria v. St. Paul Fire and Marine Ins. Co.,. CHAPTER 375, LAWS OF 1981. On May 6, 1982, the Wisconsin legi...

3

Bench and Bar Experiences: November 2014

http://johndimotto.blogspot.com/2014_11_01_archive.html

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Friday, November 28, 2014. FIREARM SURRENDER HEARINGS IN WISCONSIN - MILWAUKEE COUNTY PROCEDURES. HON JOHN J. DIMOTTO. When one of the above injunctions is issued, the court must give notice to the respondent of:. 1) The necessity to surrender all firearms;. 2) The procedure for litigating a firearm surrender hearing: and. FILING OF PETITION AND ISSUANCE OF TEMPORARY RESTRAINING ORDER.

4

Bench and Bar Experiences: The Entrapment Defense in Wisconsin

http://johndimotto.blogspot.com/2015/03/the-entrapment-defense-in-wisconsin.html

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Monday, March 23, 2015. The Entrapment Defense in Wisconsin. Hon John J. DiMotto. Entrapment is a positive defense, the invocation of which necessarily assumes that the act charged was committed. 22 C.J.S., Criminal Law, pp.99, 100, sec. 45a. An examination of case law, gives one a clear understanding of the parameters of this defense. In Hawthorne v. State, 43 Wis.2d 82 (1969),. 3) Ent...

5

Bench and Bar Experiences: The Preclusion Doctrine

http://johndimotto.blogspot.com/2015/06/the-preclusion-doctrine.html

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Wednesday, June 17, 2015. Hon John J. DiMotto. The Preclusion Doctrine is a legal principle that precludes or estops a party from pursuing a lawsuit against another party based on a prior lawsuit. The Preclusion Doctrine exists in two fields:. Claim Preclusion and Issue Preclusion. 1) An identity of parties or their privies;. 2) An identity of causes of action in the two cases; and.

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To Speak the Truth: The End of Something

http://bauersteven.blogspot.com/2011/07/end-of-something.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". July 4, 2011. The End of Something. The views expressed in this blog are solely the views of the author(s) and do not represent the views of any other public official or organization.

bauersteven.blogspot.com

To Speak the Truth: December 2010

http://bauersteven.blogspot.com/2010_12_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". December 20, 2010. The Interrelationship between Violence and Mental Illness. However, that being stated, the incidence of violence is higher for individuals with mental illnesses. How ...

bauersteven.blogspot.com

To Speak the Truth: July 2010

http://bauersteven.blogspot.com/2010_07_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". July 30, 2010. The latest issue of the Economist had an article on the high rate of incarceration in the United States. How do the crime rates compare. In 2007, the latest statistics I ...

bauersteven.blogspot.com

To Speak the Truth: July 2011

http://bauersteven.blogspot.com/2011_07_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". July 4, 2011. The End of Something. The views expressed in this blog are solely the views of the author(s) and do not represent the views of any other public official or organization. These...

bauersteven.blogspot.com

To Speak the Truth: February 2011

http://bauersteven.blogspot.com/2011_02_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". February 28, 2011. The Fundamental Attribution Error. This prevalent, but mistaken, tendency has been called “the fundamental attribution error.” [ii]. For example, if we observe someone no...

bauersteven.blogspot.com

To Speak the Truth: The Brain as a Team of Rivals

http://bauersteven.blogspot.com/2011/06/brain-as-team-of-rivals.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". June 13, 2011. The Brain as a Team of Rivals. Subscribe to: Post Comments (Atom). David Eagleman Speaks on Neurolaw. The Brain as a Team of Rivals. Juneau, Wisconsin, United States.

bauersteven.blogspot.com

To Speak the Truth: March 2011

http://bauersteven.blogspot.com/2011_03_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". March 19, 2011. The Problem(s) with Memory - Part Two. I will now discuss two more sins—ones that threaten the certainty of recollections we hear coming from a witness stand. Schacter write...

bauersteven.blogspot.com

To Speak the Truth: David Eagleman Speaks on Neurolaw

http://bauersteven.blogspot.com/2011/06/david-eagleman-speaks-on-neurolaw.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". June 13, 2011. David Eagleman Speaks on Neurolaw. Here are a couple of videos of David Eagleman speaking about law and neuroscience. Subscribe to: Post Comments (Atom).

bauersteven.blogspot.com

To Speak the Truth: June 2011

http://bauersteven.blogspot.com/2011_06_01_archive.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". June 20, 2011. Asking some defendants the question, “Did they commit the crime? Further, it is stated that the confession must be “a product of a free and unconstrained will.&#822...I could...

bauersteven.blogspot.com

To Speak the Truth: Looks Matter

http://bauersteven.blogspot.com/2011/06/looks-matter.html

To Speak the Truth. Research-based law- the use of science to inform the practice of Wisconsin law. Smart people (like smart lawyers) can come up with very good explanations for mistaken points of view.". Richard P. Feynman, Physicist. There is a danger in clarity, the danger of over looking the subtleties of truth.". June 5, 2011. Another study found that defendants who were considered physically attractive were almost twice as likely to be acquitted than those considered unattractive. [ii]. Now all of ...

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Bench and Bar Experiences

Bench and Bar Experiences. A blog to record and convey the daily experiences of a Milwaukee County Circuit Court Judge. Thursday, July 16, 2015. Shall" - Mandatory or Directory? Hon John J. DiMotto. Legal Definition of "Shall". According to Black's Law Dictionary, the term "shall" is defined as follows:. If the reader stops reading at this point, the reader might think that "shall" must always mean "shall." However, one must read on. The definition goes on to say:. Case Law Construction of "Shall". 1) Th...

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