NRE 3245 Lecture 5: 5 Techniques
26 Jan 2019
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Techniques used in environmental cases: adr (alternative dispute resolution, suing, citizen suits. Burden of proof: one of three ways: beyond a reasonable doubt, there is no reasonable alternative explanation, (shot to the leg story, only in criminal cases. Clear and convincing: within the laws and regulations, it may specify at which court it must be filed, 2 tests a law or regulation must meet to be upheld when challenged: 800 ft. from pond, but with no reason for picking 800 (pulled out of hat?) Defendant the person or party being sued. Adr (alternative dispute resolution): there are two forms: mediation, arbitration. If there is no agreed compromise or solution, you may still go to court. Aaa american arbitration association: trains people to be mediators and arbitrators, can give you names of potential mediators and arbitrators. If you do not have this, simply take your case to a court that can hear it: venue, geographic location.
