The trail allows each opposing party is allowed to state or present their side of the case. Either a jury or judge will have the concluding verdict based on their accounts. This procedure of litigation can be very costly with a large amount of time being involved. It can also be very stressful and emotional for both parties well-being along with a lot of turmoil occurring during the process. In contrast, alternative dispute resolution can be less costly and more efficient than the traditional litigation process.
It is a process that is emotionally draining and unpredictable. In a litigation, one person hires an attorney and files a lawsuit. The other party will hire an attorney to defend that lawsuit. The attorney will provide legal advice and will represent the position of the client in the court hearings. In litigations, the parties usually communicate through attorneys.
The courtroom is not the only time in which lawyers use questioning, outside of this they are involved with interviews, depositions and witness rehearsals, all contextually different scenarios where questioning is implemented by lawyers. Within the trial itself, questions are asked in episodes of both direct-examination and cross-examination, the variable of which side the lawyer represents is also a factor. The use of questioning in this field is extremely complicated, more so than other occupations. It varies on the basis of each role, episode and in proceedings both within the courtroom and out. No single manner and style of questioning is used in this
The legal phase for this case would start with small claims courts and could proceed to the State trial courts of general jurisdiction. If there is no settlement in the state trial court, this could go to the state appeals court and ultimately to the Supreme Court. Most cases are settled in small claims court. Any litigator can attest that litigation among business owners can sometimes become lengthy and also expensive as well as destructive to the long standing relationships among businesses. Most of these cases arise and lawyers must find dispute resolution other than traditional litigation and this minimizes delay, business disruptions,
Contrast of the Two Litigation Forms There are several stages and methods a client must go through or choose when dealing with the traditional or nontraditional litigation method. Some of these stages can lead to months or even years before a resolution is found. Plus this can be costly for the client. There is just as many methods of nontraditional litigation that a client can use instead. These methods can be less costly to the client.
Because of all these problems along with unconstitutional barriers through this statute, there is a significant chance that Tanya will win this case. Detailed stages of a civil suit These are following stages in the civil law process: • the plaintiff files the complaint • the defendant has the service • the defendant files the answer • discovery where both the parties find the evidences present on each side • acquiring a pretrial conference with judge • pretrial motions • trial • verdict •
However, it has to be the number one important thing every single day for those showing curiosity and concern in the procedure (NCSC, 2010). It has been said that a public official appointed to decide cases in a court of law dealing with a section of society that a lot of individuals do not have to deal with; these are individuals who are aggressive, might get really angry or crazy and are showing a hopeless sense that a situation is so bad that it is impossible to work with, because they do not have a whole lot to lose (Peak, 2012 pp. 178-179). As court leaders, manager and public officer elected to decide a case are confronted with a big
tion Prosecutor vs Defense Counsel Tammie Matthews CJS 220 September 7, 2012 Thomas Lawrence Prosecutor vs Defense Counsel The Prosecutor and the Defense counsel play very different roles in the courtroom but both roles are vital in the outcome of the accused on trial. They both are responsible to display their legal skills and are responsible for using these skills to protect, defend, and uphold justice. The contrast is that these attorneys manage their responsibilities from very different perspectives (The Writers Office Online, 2012). The Prosecutor seeks justice above the importance of obtaining convictions. They are required to balance the interest of the community against the interest of defendants
Traditional and Nontraditional Litigation Litigation is a problem every organization handles. Litigation, or judicial dispute resolution, is “the process of bringing, maintaining, and defending a lawsuit” (Cheeseman, 2010, p. 35). An organization can follow traditional litigation procedures or it can choose nontraditional litigation, otherwise known as alternative dispute resolution (ADR). Cheeseman (2010) states, “[Traditional] litigation is a difficult, time-consuming, and costly process that must comply with complex procedural rules” (p. 35). ADR is a quicker, easier, and less expensive way to solve disputes, more often used for contractual and commercial disputes.
Traditional litigation system A traditional litigation system refers to dispute resolution through utilizing a civil court system. This system has a basis on an adversarial justice system whereby attorneys have an obligation of representing their clients within the bound laws and canons of professional responsibility. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules which are formal. Alternative dispute resolution (ADR) is a process whereby parties involved in a dispute decide to resolve their own disputes without going to court. The main reason behind this form of dispute resolution is to save on court expenses as it is considered cheaper compared to traditional litigation systems (What is the meaning of Traditional litigation system n.d).