Thursday, July 16, 2015

"Shall" -- Mandatory or Directory?

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By Hon. John J. DiMotto Legal Definition of "Shall"      According to Black's Law Dictionary, the term "shall...
Wednesday, June 17, 2015

The Preclusion Doctrine

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By Hon. John J. DiMotto      The Preclusion Doctrine is a legal principle that precludes or estops a party from pursuing a lawsuit ...
Friday, April 3, 2015

Determining Credibility of Witnesses and the Weight of Evidence

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By Hon. John J. DiMotto      In every trial, in order to arrive at a verdict, the trier of fact - the judge in a court trial and ...
Monday, March 23, 2015

The Entrapment Defense in Wisconsin

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By Hon. John J. DiMotto       Entrapment is an affirmative defense bearing upon the guilt or innocence of a defendant.  It is the i...
Wednesday, February 11, 2015

INFORMED CONSENT IN WISCONSIN: PAST AND PRESENT

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By Hon. John J. DiMotto       Section 448.30 of the Wisconsin Statutes sets forth the requirement that a physician obtain the informe...
Thursday, January 29, 2015

DAUBERT IN WISCONSIN -- THREE YEARS DOWN THE ROAD

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By  Hon. John J. DiMotto      It has been almost three years since Wisconsin became a " Daubert " state.  When the amendmen...
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Wednesday, December 10, 2014

ELECTRONIC SURVEILLANCE AND ONE PARTY CONSENT IN WISCONSIN

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BY HON. JOHN J. DIMOTTO      With the disclosures by Edward Snowden regarding activities of the NSA, people are much more attuned tod...