Discussion on Legal Standards and Proof of Bad Faith

Analysis of Legal Standards and Evidentiary Proof

• Kennedy's Standard and the Mandel Case: The discussion references "Kennedy's standard," which is explicitly stated to be derived from the "Mandel case." This standard is presented as a key element in legal analysis.
• Question of Practical Utility: A central point of inquiry is raised regarding the contemporary helpfulness and practical utility of Kennedy's standard, with the speaker questioning if it will "ever be helpful." This implies a debate about its relevance or efficacy in current legal contexts.
• Challenge of Proving Bad Faith: The core difficulty highlighted is the method and means of discovering and presenting "evidence of bad faith" when attempting to apply this standard. The speaker expresses concern about the practical feasibility of obtaining and demonstrating such evidence, indicating a significant evidentiary challenge.