After the defendant receives the Summons, he or she will send an answer. The response will deal with each paragraph in the complaint. A counterclaim can be filed by the defendant if he or she has their own claim against the plaintiff. If there is a counterclaim filed the plaintiff may react by organizing a “Reply.” The Reply will “admit,” “deny,” or emphasize that the plaintiff deficient amount of information, just as the original answer did The second stage in the civil suit is Fact-Finding and Discovery. Federal court system requires disclosure of all pertinent information and documents to the other side prior.
(TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party’s case? Why is the same type of discovery not allowed in criminal cases? (Points : 20) In a civil lawsuit there are many different discovery that may be used to find information for a lawyer either on the defense or plaintiff side to make their arguments more persuasive to a judge and jury. The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective.
Interrogations were also impacted by Landmark cases. Interrogation is the direct questioning of a suspect for the purpose of gathering information. Constitutional limits include no physical, coercion, or physcological manipulation. Before interrogations begin, an individual must be read their Miranda Rights. One Miranda right includes the right to a lawyer or the right to legal representation.
On the other hand, because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation. A corporation normally is subject to personal jurisdiction in the state in which it is incorporated, has its principal office, and/or is doing business. Courts apply the minimum-contacts test to determine if they can exercise jurisdiction over out-of-state corporations. The minimum-contacts requirement is usually met if the corporation advertises or sells its products within the state, or places its goods into the “stream of commerce” with the intent that the goods
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
Criminal Procedure Policy CJA 364 Criminal Procedure Criminal Procedure Policy For years, both the “due process and crime control models” have been conflicted. The standard that any American citizen should not be deprived of their life, property, or liberty without having the appropriate protection and legal course of action under the “due process “model. Due Process Under the “due process” model, any citizen, who has been accused of committing a crime is protected by their rights under the criminal justice system. Law enforcement has to go on the likelihood that there are facts to find and they must treat every person as if they were guilty before proven otherwise. The “due process” model is the method that courts seem to
Short Answer What is the rule of law? Under the rule of law, all members in the United States, including but not limited to citizens (individuals), institutions, public and private and end thee state itself is to follow the rules and laws of the land. These members can also be punished in the court of law as anyone and else; everyone and everything on held on the same scale. 5. Short Answer Define the following terms in one or two sentences: 1. standing to sue- a doctrine that determine whether or not the court will hear a federal case.
RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257 MODEL IDENTIFYING INFORMATION AND AFFIDAVIT: Model understands that all the information given in this Agreement is being provided to comply with federal law and any false statement will subject Model to both a civil action by Producer as well as criminal prosecution under federal and state law. _________ (Model’s Initials) Please print legibly. a. Legal Name: ______________________________ (Full Current Legal Name: First, Middle, Last) b.
Sue Davies Pol 201 Oct 1, 2012 Habeas Corpus The meaning of Habeas Corpus in the Constitution is simply this: Habeas corpus, a Latin term Meaning "you have the body," refers to the right of every prisoner to challenge the terms of his or her incarceration in court before a judge.1.. This term has taken on a whole new urgency since the post 9/11 taking of potential prisoners to Guantamano Bay . It is called Gitmo and has sparked many debates about the rights of prisoners of war. I would like to show that the holding of the prisoners at Gitmo is a legal and viable idea. The Habeas Corpus term comes from an old English work to mean to produce a body; This means to have viable evidence and a person to show as a prisoner.