It occurs during the early stages of the trial. Simple settlements take place before a lawsuit is filed. In complex litigation, such as class action suits a settlement requires court approval. A civil lawsuit occurs when a claimant decides to file suit against someone that caused him or her injury. When deciding whether to take a settlement offer or pursue litigation a victim
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”.
Advocates can often do the same, but are more for one side then both. Advocate does help create a equal balance of power if one side seems to have the upper-hand in the conflicts (Barsky, 2007, e book). 2. What is a conflict of interest? Conflict of interest is when an advocate may have personal dealings with the party, which can tip –the scale creating an unequal balance during mediation.
Review will take place until a fair decision can be made. 2. Adjudication is considered formal when a statutes enabling act includes the words “on the record” (DeLeo, 2008, pg.3). When a formal decision is required the involved parties are afforded many of the rights involved with court trials. 3.
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.
1. Describe these two judicial philosophies. Judicial Activism is when judges/courts do not strictly stick to the interpretation of a law, but create a new one. Easily explained, when an issue is being ruled upon, courts establish a new law to rule broadly on the issue rather than limit their verdict. A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts.
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
The first time offender might get a second chance with a non-conviction program and be scared straight. The benefits of the bargaining system here are obvious. While most prosecutors do consider victims of the crime in bargaining, it is a case by case basis on whether or not the prosecutor will consult the victim before reaching a bargain with the defendant. It is likely that the bargaining system will continue to be practiced within our criminal system for a long time to come. I disagree with plea bargaining for the fact that if they did something once and get a plea bargain many will think of it as they got away with something, also they may think if they do something again they will think they can get another plea bargain deal.
In the end, plea bargaining is an effective tool both for law enforcement, the prosecution, the judicial system, and can benefit the accused as well. Without this tool there could be an influx so dramatic that the judicial system would take quite a while to
The question that should be asked is what method should be chosen so that it will be the most cost and time effective? Small Groups VS Individual Expert as Problem Solving Small groups tend to surpass individual experts when alternative solutions are present. Due to the fact that small groups consist of multiple bodies, they can input there own specific experiences and unique knowledge into the task at hand thus coming up with an, if not better, answer than that of the individual. Group work causes less strain to the mind and well as it is a lot less time consuming. Typically higher quality work is present with multitudes of solutions.