A Negotiation in dispute is where both parties try to resolve a situation without the use of a third party. One of the advantages of negotiating is there isn’t attorney costs involved. The process is an understanding between two parties. The advantage of negotiating is there isn’t a financial burden on legal services. But the disadvantage is when one party doesn’t fulfill their end of the bargain then the case gets brought forth to court to have it put in writing.
Beginning The Trial Process A. Before a trial takes place the preliminary hearing occurs where the prosecution must provide enough proof to take the case to trial. 1. The proof needed is probable cause 2. The judge will determine if the prosecution of defense has a stronger argument B.
These evidences are only allowed in legal proceedings when they are considered to be relevant (i.e. determined on the basis of the logically which is probative value of the evidence) and admissible which is legally receivable irrespective of whether or not it is logically probative. Therefore, evidence may be highly relevant but be inadmissible for legal reasons. In case where eyewitness testimony is the base or main evidence against an accused, then the reliability of the testimony is very important. In order to prevent a possible miscarriage of justice, the defence may call an expert witness in an attempt to warn jurors of the dangers of relying too heavily on eyewitness testimony.
To the extent that expert evidence relies upon an earlier report, the report will be hearsay. However, as per section 127, it may be admissible, but Running head: UNIT 4 ASSIGNMENT 7 only if the person who provided the original information can reasonably be supposed to have had personal knowledge of the matters stated. When expert evidence relies on such a statement, notice must be given to the defence, who must be given the name and address of the person whose statement is relied upon. The defence will then have an opportunity to object and where this occurs, the court must decide whether it is in the interests of justice to permit the expert to base his or her conclusion on the hearsay statement, or whether the supplier of the original information should also be called as a
This paper will compare and contrast the traditional and nontraditional litigation procedures. Litigation Litigation occurs when someone sues someone else for damages, money, etc. If a dispute cannot be settled out of court then the plaintiff will file a complaint with the court then a copy of the complaint is sent to the defendant. Both parties can choose to have representation or they can represent themselves. Pretrial litigation can be divided into four phrases: pleadings, discovery, dismissals and pretrial judgments and settlement conference.
The attorney client privilege states that protection is only under the knowledge and communication of the client seeking legal advice in an attempt to secure legal counsel, in confidence, and is made between privileged persons. Attorney client relationships are established and protected under the privilege once a contractual agreement of representation has been agreed upon by both the attorney and the client. The client does have the authority to waive the above said privilege and from that point forward the attorney is not bound by the law to hold the information provided by the client as the client has allowed for such. In conclusion it is important to remember that an attorney cannot adequately represent anyone without knowing the whole truth and gory details behind any given issue. They must have a clear and concise understanding of the facts that may surface later and have a defense against these breaches of information.
Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. Legal defenses can have a signification effect on disposition of the case.
Full knowledge of the circumstances surrounding the case can help the defense to sufficiently conduct the case legally and appropriately in the court room (Meyer & Grant, 2003). One of the key concerns of maintaining attorney-client confidentiality is when an attorney has to decide whether to report their client to the court if he or she confesses guilt to a crime. Even though an admission of guilt is made by the client, this information still considered to be privileged. If in the interim other unrelated charges are disclosed, the attorney is not legally responsible for reporting this information. If a defense counsel has cause to believe that his or her client has intensions of breaking the law, is the only instance when the confidentiality requirements change.
Only the client can wave this privilege of confidentiality during a legal matter. The attorney-client privilege protects the communication between the client and the attorney when receiving legal counsel. This privilege also ensures that the communication is maintained within the two parties and there is no disclosure to a third party regarding any legal matter, such as an offense. Any discussion pertaining to a case or legal advice is protected, and maintained within the agreement of the attorney and the client. This privilege also ensures client’s honesty with the attorney, as they are aware of the law protecting his or her discussions, which also ensures effective representation to client in court (Meyer & Grant, 2003).
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. 4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding. 5.