Circuits in disarray on six key issues

Article Abstract:

The federal circuit courts are divided on standards to be used in RICO litigation, and the US Supreme Court would do well to provide some guidance. The most important unresolved RICO issues are when the statute of limitations for a RICO claim commences, mens rea, punitive damages, the elements making up a conspiracy, whether the law requires that RICO acts have an economic purpose and the prohibition against investment use of money obtained by racketeering.

Racketeering

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Federal practice; ABA trial standards

Article Abstract:

The ABA Civil Trial Practice Standards were developed in 1998 with the goal of standardizing and promoting innovative trial techniques courts have developed to enhance juror comprehension. Most of the standards codify ideas and cases in the Federal Judicial Center's Manual for Complex Litigation 3d. The ABA standards take these concepts and give practical procedures for their implementation, including proposed judicial instructions.

Standards, Trial practice

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Criminal law; imposing sanctions

Article Abstract:

There have been several important developments in the law of sanctions in 1997-1998. Much of the case law dealt with the limits of judicial sanctioning power, and the relationship between civil litigation and criminal sanctions. Interpretations of 1993 Rule 11 amendments and related provisions are also covered.

Sentences (Criminal procedure), Judicial power, Contempt of court

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