The discovery stage is next, where the parties will try to find evidences, which will be presented against each other or on each side. Questions are asked by each party in writing from each other, which is process through the legal document known as interrogatories. The questions or findings may also be done through oral counseling, known as deposition. When the discovery process is complete the defendant will file a motion of summary judgment. This will allow the defendant to reject the case, due to not enough evidences to support the claim presented by the plaintiff.
If the victim does not feel the settlement is fair, he or she can opt to start the litigation process. Legal counsel can make motions on the victim’s behalf and keep the victim up- to- date on the status of the case. Some victims tend to think they can represent themselves, but hiring an experienced lawyer can make a big difference in the outcome of the case. An attorney or legal counsel may also provide the victim with laws corresponding to the case at hand. It is important to seek legal counsel because it relieves the stress of litigation as soon as the victim suffers a loss or injury because it relieves stress of litigation.
The plaintiff in the case will need to choose an arbitrator and pay the fees for the services. The arbitrator may be an attorney, judge, CPA, or businessperson (Newland & Associates, 2004). The arbitrator will review both parties dispute and will send both parties a written
A complaint is a written account of the victim’s legal claims against the defendant if the letter is not sent out. Depending on where the case is that is where the compliant has to be filed out. After the lawsuit has begun, all parties may need depositions of everyone that have imperative information that has to do with the case. Some cases people are interviewed about the situation. The deposition is recorded, and it most likely happens at the attorney’s firm without a judge being there.
One of the main objectives of the simulation was addressing some of the potential legal and ethic issues resulting from such a partnership. While developing a contract that meet each company needs and offered protection to property rights and potential disputes. In working through the simulation some of the issues involved with working with foreign business are the legal system. An organization dealing with legal issue in a foreign court run the tendency of the case reviewed quickly resulting in facts being overlooked. Another issue is the difference is two countries law what is able to stand-up as proof
ADR Team Clause 1 Running head: ADR TEAM CLAUSE ADR Team Clause ADR Team Clause 2 ADR Team Clause With a surfeit of litigations consuming our legal system, the Alternative Dispute Resolution (ADR) has provided disputing parties with various non-traditional means of legal resolution to their disagreements; thus avoiding the complexities and expense of the court process (Jennings, 2006). The ensuing passages will discuss the purpose and provisions of the ADR clause for the LAW/531 Learning Team (L5LT). Teams can be an embodiment of individuals with diverse characteristics
* Complex Divorce : The San Diego James D. Scott law firm also specializes in complex divorce cases which involves high end and some special clients. The complex divorce cases are difficult cases and Scott law firm has qualified and experienced lawyers to deal with these cases. * Professional Athletes Divorce : San Diego divorce lawyers understand the priorities of their clients, but handling professional athlete divorce is a little unique and they work to get everything done without the media interruption. * Corporate Evaluation : Lawyers of the Scott firm also help the client to know the complete property division process so as to make the division as equitable as possible and also avoid the lengthy and costly litigation
a party may claim that the law that was applied violates the United State constitutions. After all briefs are received, a case is scheduled for oral argument by the Appeals Court. There is also argument where, each attorney has a chance to present arguments directly to the Justices who will be deciding the case. The Justices usually ask questions to the lawyers. After questions are asked then there is a decision that can be made or further action may be
As a general rule of thumb, ALL parties are entitled to appeal the first trial determination of a case. Further and subsequent appeals usually require the leave of the court which is frequently granted. Nonetheless, these appeals are rare. A reasonable guess is around 1% or lower. Again, the most obvious function of appeal court is to correct errors”.
It also is in some ways fairer to witnesses and prospective jurors. Imagine if in all these cases, the victim and witnesses had to come to court to testify. And in all these cases, people had to leave their jobs in order to serve on juries. That would be very onerous for the public. So from the stat’s point of view, if you have someone, especially someone who’s clearly guilty, and you could get them to plead guilty by offering them an inducement, it’s in everybody’s interest to do that.