Unit 1 Terminology Quiz 1. Service of process is: (Points : 2) a. The filing of pleadings b. The delivery of legal documents c. Passage of time before a lawsuit can be filed d. The manner in which actions begin 2. A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a.
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
The statement of fact must be supported by a statement of relevance. Statement of relevance is the supporting evidence for a statement of fact that justifies its validity or truth. After the plaintiff presents its claim, the defendant has the opportunity to dispute or acknowledge the plaintiff’s claim. This process is repeated until all claims have been resolved and brought before the court. The World Court then makes a judgment based on the evidence and facts presented.
When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing. If a guilty verdict is appealed, appellate judges are responsible for reviewing the case and determining whether there was any legal misconduct. Federal appellate judges are nominated and appointed by
We will then, with specific reference to three key cases, look at the compensatory approach of damages and look at the key principles brought about by these cases and the current standing of the law, with the aid of cases and academic writing. In order to tackle this question, we must first define what a contract is. The term contract does not have a solid and/or rigid definition in English law; however, the English legal system, like many other legal systems, is reliant on the Latin “Pacta sunt servanda” – promises are made to be kept; contracts are made to be performed, when looking at the law of contract and contractual obligations. Hence, contract law is a branch of private law based on promises which are made by one party to another and the enforceability of these promises and it is by this assertion that the separation of contract law from that of the law of tort and the law of restitution rests to a large extent. In keeping a contract, it is said that the parties are executing a contract.
ROLE OF THE TRIAL JUDGE Is the Case an Appropriate One for Punitive Damages? It is the responsibility of the trial judge, in the first instance, to determine whether the case is appropriate for punitive damages, i.e. whether the question of punitive damages will be submitted to the jury.' The main focus of that determination is the nature of the defendant's conduct. The trial judge looks for evidence that the defendant acted intentionally, outrageously, recklessly or with conscious disregard for the rights of others.
The trial process includes jury selection, opening statements, plaintiff and defendant cases, rebuttal and rejoinder, closing arguments, jury instruction, jury deliberation and verdict, and entry of judgment, followed by possible appeals. Pretrial Litigation Process Pleadings consist of the “paperwork filed with the court to initiate and respond to a lawsuit” [ (Cheeseman, 2010, p. 35) ]. The plaintiff, or suing party, initiates the lawsuit by filing a complaint containing the parties involved, laws allegedly violated with validating facts, and a prayer for relief stating the asking remedy with the court. The court answers by issuing a summons to the defendant requiring an answer in court. The court serves the answer on the plaintiff.
This paper will identify the role of the courts in the criminal justice system today. The Courts and its Purpose The United States court system is a branch of the government that resolves legal disagreements through a legal, judicial manner. The courts use a process called the “Adversary Process” that helps to reach a decision in each case that is presented. In this method, the lawyers in the case present their side of the argument to a judge or jury. Each side presents their case.
Truth on Trial Is an attorney's first obligation to the court, the client, or the public? Supreme Court Justice Antonin Scalia, Judge Robert Merhige, attorneys Floyd Abrams and Stanley Chesley, philosopher John Smith, and others debate civil litigation's ethical dilemmas. VOD9. The Human
The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case. They also have to make sure they the correct evidence that is needed to pursue the case. Then they have to gather their evidence and witnesses. Review it, eliminate anything not strong enough for the case, gather evidence that proves in favor of the case, then they file motions. This is how the prosecutor determines which cases to pursue.