Court of Chancery

distributing property, the Court must assess the parties’ respective contribution during the marriage under s 79(4) of the Family Law Act 1975 (Cth) to the extent that it is just and equitable. The scenario of “special” contribution arises where one party possesses a “special skill” which in turn results in a significant increase in the asset pool of the parties’ in a long-term marriages. Unfortunately, as highlighted in the case of Hoffman & Hoffman, and Field & Smith, the courts are reluctant…

9th, 1999. Mr. Syed was arrested after there was an investigation of him and from an incriminating testimony from Jay Wilds. By popular demand and a reevaluation of evidence and court proceedings, Adnan Syed should be allowed another trial. Christina Gutierrez was Adnan’s attorney and was incompetent in defending him in court. Gutierrez was a Baltimore lawyer that was known for her aggressiveness and great legal tactics. In the first trial, she continually tries to pin the murder on Jay, and…

I have observed a few cases in the adult plea court, and while some cases were quick and short, only one was long. Even though there were various of cases that were dealing with different types of crimes, I saw that the legal system was still fair with their decisions towards the accused. A small case that occurred was R v. Stanley and the type of case was assault which is under section 265.1(a) in the criminal code. The name of the accused was Alloq Stanley, the crown 's name was Mr. Humphrey…

Courtroom participants most have professional standards when serving the public. In Kenneth Olsen’s case the prosecution withheld information. In Brian Adcok case there was ineffective assistance of his counsel. In Judge Amanda F. Williams her court room was not properly ran. Because of theses misconduct, two defendants in these cases were able to appeal their court’s decision. Misconduct of any kind can set guilty criminal free and innocent people to jail. It also shows that there is…

There are not really many similarities and differences between a criminal and civil case. First of all the difference between the two cases in general would be that in a criminal case, the government brings suit against a person who they believe has broken the law. The judge or a jury must consider the evidence presented during a trial to decide whether the accused is guilty or innocent. A crime can occur even if there is no instant victim. In a civil case a person or company asks a judge to…

Local Trial Courts in Texas There are two types of local trial courts in Texas: Municipal Courts and Justice of Peace Courts. The first type has limited criminal jurisdiction. Municipal Courts are created by Texas Legislature to work at the city level. The amount of courts in each location depends up its population and public needs. “These courts have original and exclusive jurisdiction over violations of city ordinances” (“Trial Courts”). Municipal Courts often hear traffic cases, civil…

A factual witness is, simply stated, a witness that can only testify to factual knowledge. In order to testify the witness must have personally observed or have personal knowledge of the information being presented. An expert witness is a witness that is able to express an opinion about the evidence being presented. Expert witnesses can be drawn from a variety of professions including the medical field, psychology, or psychiatry, and are used to testify about specialized areas in order to give…

thereby artificial) process. You reminded me that judging, like most careers, is, first and foremost, about people. Of course, the term “people” to which I refer includes plaintiffs and defendants, but “people” also includes attorneys, witnesses, court marshals, “minute clerks,” the public, law clerks, and, of course, judges. So, when I observed your pre- and post-trial conferences with the attorneys and watched you mediate the parties’ claims with painless and efficient level-headedness, and…

reasoning. The federal court system permits 20 peremptory challenges for both the defense as well as the prosecution in cases punishable by death as well as capital crimes, consequently, they are only allowed 3 in misdemeanor cases (Hall, 2015). There is an unlimited amount of challenge for cause dismissals, this means with sound reason in which the court agrees hundreds of potential jurors could be dismissed before the final selection is complete. The rules within State courts are very…

“Trail Lawyers Cater to Jurors’ Demands for Visual Evidence” is an article written by Sylvia Hsieh about how visual evidence is presented in a courtroom for jurors and the challenges lawyers face using them. The author begins by listing some of the technology and entertainment readily available and attributes that to the expectation jurors have of being entertained. The lower cost of acquiring produced visual evidence has also sparked competition among creators of the medium and has made it…