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.
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.
Selecting an Impartial Judge A. Defendants have the right to an impartial judge based on the Fourteenth Amendment 1. Judges must not seek to gain financial amenities or have a pecuniary interest in the issue presiding over the case 2. Only the judge who is not impartial can remove himself or herself from the case B. If a judge is biased the second way to remove them is for either party to peremptorily remove them V. Selecting a Jury
Oral Exam Feet: Triact Shals of the Prime Ministers Use the following as a template for your fact sheet. The fact sheet must be completed by EACH attorney and is due on the date of the trial! NO EXCEPTIONS!!! 1. Trial Name : Crown vs. Prime Minister ___________________________ 2.
It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003). Attorneys may also report intents to commit perjury in order to prevent an act of fraud against a court. These and many other issues are what make the concept of attorney-client privilege so important in regard to the court system. Bibliography
It is necessary for the C to show that the act was either INTENTIONAL or NEGLIGENT I.e. to distinguish between which head of liability they wish to sue under: Fowler v Lanning 1959 1 QB 426 |Court | | |Facts |In a writ (now a claim form) the C claimed damages for trespass to the person. In his statement of claim (now statement of case) he alleged that on | |
In other words, you must synthesize the cases your research has turned up by articulating the factors that make analytic sense of decisions involving diverse fact patterns. In this false imprisonment problem, your case synthesis will reveal that a threat of physical force can be established by a defendant’s actions or size advantage.
In the traditional litigation system, it usually begins with the plaintiff filing a complaint in court. Then, the defendant or other party needs to offer an answer within a specific amount of time. This is the pleadings process. After the pleadings, a legal process called discovery commences. There are different forms of discovery, including deposition, interrogatories, production of documents, and physical or mental examination.
Nontraditional and Traditional Litigation LAW/531 Abstract This paper compares and contrasts the traditional litigation system in the United States with nontraditional forms of alternate dispute resolution. Nontraditional and Traditional Litigation A traditional civil procedure in the United States begins with a plaintiff, the party who claims to have incurred a loss, filing a lawsuit, which is a civil action brought in a court of law, against a defendant, who is the required to answer the complaint against them. If the plaintiff wins, the judge will render a ruling to settle the claim. In recent years, because of an increased backlog in traditional courts and the attempt to minimize costs, it has become more common to pursue alternate forms of dispute resolution prior to filing a lawsuit. The three most common forms of alternate dispute resolution are negotiation, mediation, and arbitration.
Courts are critical in the American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, and Worrall, (2011). To understand the whole court process there are three distinct elements that have to be consider to become a court, it must have proper legal authority and have all of the guild lines within the constitution. Courts are generally found in the judicial as opposed to legislative and executive branches of government, and ‘courts are empowered to make decisions that are binding.