In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant. This means that the defense attorney has the obligation to make sure he or she searches favorable evidence to invalidate any unfavorable evidence of the defendant. The defense attorney must also exercise a favorable outcome for the defendant. In this type of system the judge has the option to set a certain amount of time on any specific case. Both the defendant and the prosecutor need to choose which path is best for the defendant’s best interest.
Peggy Hettrick Name Institution In any law suit, several people play a key role in determining the route with which the case will take. The judge, the prosecutor and the defense counsel are very important people. They determine whether the accused will be found guilty or will be found innocent. In this case, the role of the judge is to ensure that justice is serviced. The judge holds an authoritative position hence he or she is responsible for ensuring that the rights of the person being accused are balanced with the interests of the society.
The complaint leads to a summons being served to the defendant. The summons requires the defendant to appear in court to answer the plaintiff’s complaint. The defendant must appear regardless of her opinion of the lawsuit. The answer is the defendant’s response to the plaintiff’s complaint. An option to file a cross-complaint against the plaintiff is presented at this point if the defendant thinks it is necessary to seek damages they may incur because of the plaintiffs suite.
The defense attorney has the role to prove the defendant as being not guilty. The defense attorney role is to protect the defendant’s rights, show that the prosecutor did not provide sufficient evidence to find the defendant guilty, show if necessary where evidence provided by the prosecutor did not violate the defendant’s rights, and advocate for his or her clients best interest. The prosecutor and the defense attorney’s ethical obligation differ in many ways. According to Kittmer (1995-2015), the differences of the attorneys’ ethical obligations are as follow: “Client's Welfare * Defense attorneys are ethically bound to their clients. They must defend them to the best of their ability and look out for what is best for them… Prosecuting attorneys' clients are usually the people of a specific city or country.
The right to present evidence ensures that parties will receive a fair judgment pertaining to the facts surrounding the case. 5. The right to cross examination provides parties with the opportunity to confront opposing witnesses and evidence before an Administrative Law Judge (ALJ) makes his decision (DeLeo, 2008). B. Informal 1.
757). This manager recommends reassigning Paul to another position consistent with his ability that does not require confined space entry. Additionally, this manager recommends that should Paul’s Worker’s Compensation Claim be accepted and because “(t)he majority of states require employees to forfeit all other lawsuit rights in exchange for workers’ compensation benefits” (Jennings, M, 2006, pg. 759), Paul be required to do the
The new changes have been difficult to accommodate within the existing budget and timeline. The client did not take into consideration the fact that, adding new requirements would greatly affect the projects schedule. The legal principle here should be that, companies need to stick to the agreed upon contract clauses and in the event of change like system requirements, the involved parties should amend the contract by revising the relevant clauses to capture the new terms and conditions. In simulation, performance and delivery schedule disputes were resolved by agreeing to revise the terms that included recruiting and scaling up the team members on the Span Systems side in order to speed up the delivery schedule. The quality issue was to be addressed by
In its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., who did the U.S. Supreme Court charge with ensuring that an expert's testimony rests on a reliable foundation and is relevant to the case? (Saferstein, 2004, p.26). They assigned the judge with the task of ensuring an expert testimony is reliable and relevant to the case. 5. What is the main difference between the testimony given by an expert witness and that given by a lay witness?
Therefore, I believe that the employee does have a potential claim for overtime based on his “on-call” status. Insuring Compliance with FLSA The following are my recommendations employers can do to insure they are in compliance with FLSA and avoid claims: * Review On-call Status. Employers should answer the questions listed above that were noted by the Ninth Circuit Court in considering on-call status. If the majority of the answers point towards restrictions, the company policy must be revamped in favor of on-call overtime. * Revise Collective Bargaining Agreement.
In a civil case it is up to the plaintiff, the person who has started the lawsuit to prove his or her case with stronger evidence than the defendant has that is, by preponderance of the evidence. Simply put for the plaintiff to win the judge or jury must believe that the plaintiff’s evidence is greater than that of the defendant. In a criminal case the burden of proof is much higher than that of a civil case. In a criminal case the accused is presumed to be innocent until proven guilty by a court of law. The prosecution must prove the case beyond a shadow of a doubt.