The court uses expert witnesses to determine the costs of damages, with the court serving as a sort of mediator, while determining the cost outside of court allows both sides to negotiate directly. A disadvantage of awarding an injunction is that if transaction costs are high, damages would likely be more efficient, especially if it is not known how the property right is valued. It is not clear at how much Walgreen’s valued an injunction, meaning that damages were possibly more efficient. An injunction also creates the problem of a bilateral monopoly, as there is only one buyer and one seller. Given that an injunction was granted and Walgreen’s had the property right,
The privacy of proceedings is often seen as an additional benefit to arbitration, as well as the balancing effect it has upon the potential inequality of arms between parties. The decreased formality of the procedure may also be preferred by
Whilst a solicitor can represent you in court he only has rights of representation in the magistrates court. In civil cases all repesentations are done by the barrister. So a solicitor can represent you is just as normal in other cases. The jobs of a solicitor are generally advising clients on their legal issues and contacting a barrister if necessary. SOlicitors also draft contracts and wills and generally do all the legal paper work.
With the previous analysis of methodology in mind, analyzing the truisms brings some interesting observations. It is easy to take the truisms for granted, as truisms aim to state the truth with a certain blatancy, but truisms are not quite the same as the truth. The meaning behind Holzer’s truisms fall apart when analyzing their validity. Many of the truisms presented could be viewed as self-evident, while others might be argued, and a select few may even be self-contradictory.
Power based negotiations can be a useful tactic in negotiations. Power based negotiations are an adversarial negotiations in which both parties try to exert their power over one another. This tactic is essentially a competitive interaction. Both parties are fighting over resources, and each view the negotiation as a zero-sum game. The parties are both willing to use their power to deceive and take advantage to pursue their personal goals.
Evidence is the means by which the court is informed of the facts on dispute between the parties, as set out in their pleadings. Upon that evidence, the court decides the issues of fact. The four main types of evidence available to prove the facts in issue are documentary evidence; evidence of witnesses of fact; evidence of expert witnesses; and real evidence. Documentary evidence is produced in almost every civil action. The public documents such as birth, marriage, or death certificates.
Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime.
The prosecuting lawyer 's job is to convict you or send you to jail. due to the fact that they are fighting that you have done wrong and are against you. The judge is the person who decides what is going to happen to the person. The judge decides what evidence comes in and what evidence stays out.
How does the Supreme Court control its docket? Using information from both the textbook and class lecture, discuss the main steps/hurdles/factors in play regarding whether the Supreme Court will actually hear and consider a case. Explain and discuss the significance of each factor. The way in which the Supreme Court controls its docket allows for the court to avoid pointless work.
A few scholars have taken determinism to suggest that individual people have no unrestrained choice and can 't be considered ethically in charge of their activities. It is also the position in which for each occasion, including human cooperation that exist conditions that could bring about no other occasion. There are numerous determinisms, contingent upon what pre-conditions are thought to be determinative of an occasion or activity. One philosopher who believe in determinism and his name is BF
Brian Short v. State of Florida The main issue in this case is whether the State of Florida violated procedural due process by depriving individuals of their basic constitutional rights by not allowing marriage of shorted individuals. This is a due process case. Due process is covered in the 14th Amendment Section 1.
The United States utilizes dual court system in their courts. This means that there is a separate jurisdiction for each state, but each of those jurisdictions fall under the federal court jurisdiction (Bohm & Haley, 2011). The state court process begins in a trial court of limited jurisdiction. It would then move to a trial court of general jurisdiction and if appealed, into an Intermediate court of appeals. In the federal courts, a case would begin in the district court, then move into the circuit court of appeals if necessary.
144 people on death row have been exonerated since 1973 (Levy 1). People exonerated and convicts sent to prison for crimes they did not commit have been given unfair trials. If a trial court makes a legal error, a party can file an appeal, which raises the question on whether the United States appeals process is even effective in criminal cases (The Judicial Learning Center 1). Understanding the effectiveness of the appeals process for criminal cases is essential for improving it to ensure people are not exonerated or unjustly punished.