Court systems

cases, the court found that these attorneys had not completed sufficient research into the matter for their advice to be based on informed judgment. Aloy 419 Smith…

Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant. The plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014. Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.…

Preliminary hearings are conducted after an individual has been arraigned in the court. It is a process where the judge determines whether there is enough evidence for the case to be presented. Using a legal standard known as probable cause, the judge determines whether the government has provided substantial evidence that can reasonably convince a jury of the fact that the defendant has committed the crimes in question (Montemayor, 2014). A suspect is entitled to a preliminary hearing to ensure…

experience or education. The testifies in a court case that give people a sense of true opinion is not the same as those who have knowledge to the case. Those with knowledge are more reliable than those of the jury creating true opinions based upon testimonies (Burnyeat and Barnes 178). Within a court of law knowledge and true opinion are seen as two different classifications, where knowledge provides people with…

less than a trafficable amount of heroin as pursuant to section 233B of the Customs Act of 1901. Dietrich at first alleged that the drugs had been planted by the police. He was found guilty of two other counts and sentenced in the Victorian County Court. He plead not guilty for all counts he was originally indicted for. Yet, during the trial process Dietrich believed that he had the right to counsel,…

I visited the Riverside Country Superior court in Murrieta, California. Where I sat in on two parts of legal environments in a course. Before finding out which court room I would go in to observe a case. I sat in the master calendar room. In this room each case is pushed into a different court room. The master calendar room seemed to be controlled by the lawyers in the room. Of course each lawyer would check in with the policeman in the front so he knew who was in the room, but it was a time…

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…

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…