It is a lawyer's responsibility to provide counsel to those who cannot afford one if they choose to have counsel. Due to the increasing number of poor individuals in society, there is a high demand for court-appointed counsel. This high demand demands time from the lawyers and results in the lawyer not properly performing their job of providing justice for their client. For example, if a defense attorney has many court-appointed defendants, they are more likely to convince their clients to take plea deals in order to prevent a lengthy trial and because it is more convenient for the lawyer instead of fighting for their client and obtaining justice (if the defendant is wrongly accused). The Rules of Professional Conduct provides solutions for the many conflicts lawyers face.
Alternative dispute resolution is any method of dispute settlement other than by litigation. It implies settling of disputes outside (a) courtroom(s). Abbreviated as ADR, courts may be required to evaluate the legitimacy of ADR methods, but they will rarely overturn its decisions and awards if the conflicting parties formed a valid contract to abide by them. The major forms of ADR include arbitration and mediation. The increasing cost of legal action has made traditional lawsuits impractical for many individuals and businesses.
According to Alkon (2014:12): Plea bargaining is based on informal negotiations. For plea bargaining to function, prosecutors need to have the discretion to decide when to offer plea bargains and what the offer should include. This can lead to different legal outcomes for otherwise similarly situated defendants. Some variation in sentencing is inevitable, even where all parties have followed the law and acted in good faith in negotiating pleas. However, plea bargaining can be used to cover disparate sentencing due to systemic problems like political interference in the legal system or corruption.
Litigation on the other hand is the “ultimate legal method of settling controversies or disputes between and among persons, organizations, and the State”. When discussing litigation in layman’s terms most people will understand it to be the process of hiring legal counsel by two opposing parties, the defence and the prosecution. This is usually a lengthy process that involves presenting your case to the court and having it heard by either both a jury of your peers and a judge or just a judge by themselves. When a decision is made, unlike with arbitration, it can be appealed. Arbitration in other terms is seen as an Alternative Dispute Resolution.
In society, law carries out functions, such as controlling or maintaining relations between citizens and state, or relations among individuals. Law can be classified into three different areas, known as the Public Law, Private Law and International Law. Public Law can be classified into Constitutional Law, Administrative Law and Criminal Law whereas on the other hand, Private Law, which is also known as Civil Law consists of many areas, such as contracts, Commercial Law, Agency, Sales of Goods, Property law, Trusts, Family Law and Torts. Criminal Law First and foremost, a crime is known as a wrongdoing by an individual towards the State. The principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the state.
Their contributions are noteworthy in the legal system. II. Legal proceedings – Vyavaharah The word Vyavahārah indicates a judicial proceeding or legal dispute. The word was even popularly used to denote litigation-both civil and criminal. When the ramifications of right contacts, which are collectively called Dharma, have been violated, there will be disputes among the people, which has to be.
Misrepresentation and Concealment of Evidence is a very arduous issue in the legal chronology which cannot be overlooked. The concealment of evidence takes place in the trail in many different ways and one of them is the introduction of false evidence by the prosecution in which the prosecutor falsely misrepresents the facts of the case and evidence which are required during the trial in different cases. The legal system in India and anywhere outside India crave long and convoluted process which consist of many interconnecting parts and elements which are stand in need to meet the ends of justice. When the law is broken by the very people the public trusts to enforce the law, meaningful action must be taken. Prosecutorial misconduct is widespread
Judge made law has been ruling around for hundreds of years. It provides certainty, flexibility and more others but case law is not always fair. The doctrine introduced unnecessary restrictions on the law. This is because the society is progressing fast and it is necessary for the law to keep up with any changes are made. Thus, the existence of judicial precedent often prevents judges from developing legal principles in accordance with societal developments.
INTRODUCTION Undoubtedly, dispute is something that has been faced by every organizations at some point in time. Conflicts occur and they have to be solved. Throughout history, people have used a variety of ways to deal with the conflict so as to reach an acceptable agreement. One could reasonably think that business entities would like the dispute to be resolved amicably. However, many business entities involved in million dollars transactions do rely on the established legal system of dispute resolution.