A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points
There is only one person in the magistrate’s court who is a qualified lawyer and that is the clerk of the court who advises the Magistrates on points of law. Magistrates have limited sentencing powers so refer serious situations to the Crown Court who have higher sentencing
Addressing International Legal and Ethical Issues Simulation Summary Your Name LAW 421 September 11, 2012 Your Instructor What are the issues involved in resolving legal disputes in international transactions? Any time there are contracts with other countries, there has to be some kind of clause for resolving legal disputes. Additionally the clause must include some type of enforcement to ensure resolution (Melvin, 2011) What are some practical considerations of taking legal action against a foreign business partner in another country? Since United States law is only enforceable in United States courts, the laws of the foreign country must be taken into consideration. Because the law of the foreign country is the only law that can be enforceable contracts are only as good as the backing of the country's backing and are only binding in that instance.
So how can judge create law through the doctrine of precedent? The basic doctrine means every court in the UK is bound to follow any decision made by a superior court and in general, appellate courts are bound by their own decisions. Although this appears that the courts are not allowed to develop law, there are ways in which the judicial precedent can be avoided, in turn, allowing
Ethical, Moral, and Legal Challenges in Mediation A mediator is lead by a core set values when it comes to decision making concerning right or wrong in a given situation with clients (Leviton and Greenstone, 1997). Even though the mediator is there to help the two parties to come into an agreement, the mediator is not the decision maker. As mentioned by Leviton and Greenstone, (1997) ethics are guidelines or principles of conduct that govern a person, based on the moral and values of culture. According to Kagle and Giebelhausen, (1994) professionals enter into dual relationships when they engage in more than one relationship with a client, becoming social worker and friend, employer, teacher, business associate, or sex partner. The main and most common ethical, moral, and legal challenge faced by professionals is sexual intimacy between the professional and a client.
Math and The Paralegal by Tami M. Beaulieu KAPLAN UNIVERSITY MM1S0-03: SURVEY OF MATHEMATICS AUGUST 24, 2011 DR. ERIC AURAND I intend to become a Paralegal, but not just any kind of Paralegal I want to fight for the rights of survivors of sexual abuse. A Paralegal is defined: as by the National Federation of Paralegal Associations; a Paralegal is a person: qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by employed by a lawyer. This person may be retained or a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication" of relevant facts and legal concepts. (http://www.paralegals.org/displaycommon.cfm?an=1 &subarticlenbr=788, 2011) These cases are rather complicated and knowing the key players will take the use of math and possibly even the use of a Venn Diagram to show who is related to who and who knew the abuse was going on so that representing the client and the suing of the correct people is guaranteed.
In ‘The Concept of the Political’ we are informed by the very first sentence ‘the concept of the state presupposes the concept of the political’, his decision to firstly note the importance of defining the political can be linked to his legal training, having dealt with lawyers. For Schmitt the state defines the political, and the political is defined by his distinction of friend and enemy. This antagonism between friend and enemy is uses to suggest the impossibility of perpetual peace, and political actions can be distinguished via this antagonism. The enemy is not ones moral enemy, the enemy is ‘the other’. Important for Schmitt’s, is that one understands that today’s enemy could be tomorrows friend, thus there is no internal enemy.
ISSUES REGARDING HOSTILE WITNESS – NATIONAL AND TRANSNATIONAL PRACTICES 1. WHAT DO WE UNDERSTAND BY A WITNESS The expression “witness” has not been defined in Criminal Procedure Code, 1973. According to Oxford dictionary meaning witness means” one who gives testimony in a Court” Black’s Law Dictionary defines witness as one who sees, knows, or vouches for something, or one who gives testimony, under oath or affirmation in person or by oral or written deposition, or by affidavit. "Witnesses" as Jeremy Bentham said: are the eyes and ears of justice. If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets paralysed.
Related to this, are questions about the types of lawyers, what steps are needed to become a Trial lawyer along with various skills to become successful. Main Types of Licensed Lawyers There are two main types of licensed lawyers, which are classified as transactional lawyers and litigators. Transactional lawyers do not attend legal proceedings. Transactional lawyers prepare legal documents, contract and other legal work. Trial lawyers are often called litigators.
Judicial Activism: Analytic Essay Josh Walton 100888288 Caryma Sa’ad A09 135-2:25 Betina Kozmorav LAWS 1000A In contemporary society, judge’s rulings are largely based on personal philosophy and opinion. Law cannot be structured around beliefs, views or opinions rather it must perceived and viewed in regards to the tangible elements that are provided. Judicial activism is when judges substitute their own political personal opinions for the applicable law. Many see this as a flawed system due to the complications that emerge involving judicial bias. The term judicial activism has been around for six decades and has become a very popular tool for criticizing judge’s behaviour.