Unlike the inquisitorial systems found in Europe, American jurisprudence is based on adversarial litigation and “winning.” This adversarial system fosters an environment that has led to incivility amongst lawyers, their clients, and tribunals. Incivility has grown to be an epidemic amongst lawyers, and has caused state and national bar associations to acknowledge and mitigate it. Civility is a necessary quality of my professional identity for the following reasons. First, I value productive,…
Conns Furniture Class Action Lawsuit Are you receiving harassing phone calls from Conn’s Furniture Store or Conn’s Home Plus? Are you being contacted over late payments or an account that isn’t even yours? Conn’s is a popular store that sells goods for the home, such as appliances, furniture, electronics, and mattresses. The company provides credit financing to customers for purchases through an in-store application process. But if the customer gets behind on their payments Conn’s may threaten…
Complainant’s Position The analysis of Ron engineering case is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. Ron engineering wanted their refund for 150,000$ deposit they did but afterwards realize they made a mistake. A call for tenders was sent out in order to get the $150,000 back which would be lost if the tendered…
The civil and criminal justice system in America relies heavily on juries in deciding a person’s guilt, innocence, or even determining whether a specific party should be held negligent for a particular action or inaction. Jurors are summoned to serve on a jury in the community which they live. Lawyers want citizens to serve on a jury who can listen to facts and come to a conclusion based on the facts put on at trial. Jurors are supposed to be unbiased in a case; however, that is not always the…
In Making your Case: The Art of Persuading Judges, Antonin Scalia and Bryan Garner provide a framework of 115 principles dealing with persuasion, legal reasoning, brief writing, and oral arguments both budding lawyers and courtroom veterans can employ to persuade the courts to decide cases in their clients’ favor. While each of these principles was most likely laboriously scrutinized and meticulously fact-checked before making its way into the book, there are a few principles that emerge as more…
Sidhu v Van Dyke This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as Burra Station. The appellant, Mr Sidhu, lived in the main homestead on Burra Station. The respondent, Ms Van Dyke, and her husband lived in Oaks Cottage, approximately 100 metres away. Ms Van Dyke and her husband paid rent to Mr Sidhu’s wife in respect of Oaks Cottage. Both the main homestead and Oaks Cottage were located on an…
In the world there is always minority being pulled over, accused and harassed because of how they look or their lifestyle by the police. Adnan Syed was accused of killing Hae his ex girlfriend and was sent to jail. While there was more evidence to be seen and others to be questioned threw the trial. This is why Adnan Syed deserves an appeal because the jury was biased, the cops singled in on him, and his lawyer was not thorough. During court the jury is not supposed to be biased to either…
Each Country has their own Justice System and each will differ slightly from the United States. In the end the end result is all the same which is getting their country as safe as possible and looking up the offenders that cannot be a good member productive member of their society. The two Justice System in this paper that will be discussed are the United States and The German justice system. Three items will be compared and contrasted within this paper such as International Police Cooperation…
The damages awarded in a law suit not only affects the parties directly involved. The myth of there being an abundance frivolous lawsuit is brought about by the big businesses. Corporations and insurance companies have framed several legitimate lawsuits as frivolous and the fabricated statistics are spread to the public to cause fear.5 The fear will also assist in passing tort reform laws to help ease the pain of excessive amounts being paid out in damages. A NLCATP internet blog went into…
Rose exhibits the notion that prejudices and biases are factors in every conflict and can obscure the truth. The microcosm of characters ensures that each character has had different personal experiences, Personal experiences often influence the way reality is perceived by an individual, Prejudices and biases often take effect in conflict and can change the facts. The 3rd Juror has a bias against the boy as a result of personal experiences with his own son. Throughout the play, the 3rd Juror…