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Showing 1 to 25 of 32 Articles matching 'Jury trial' in related articles.

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1. Litigation - The Role of the Expert Witness November 05, 2009 Modern society is run pursuant to the rule of law. For all the groaning this results in, not to mention lawyer jokes, the rule of law allows us to set forth basic methods of doing things such as contracts and rules of conduct. When a dispute arises, however, litigation can commence. When the matter is something intellectually complex, the use of an expert witness is called for. So, just what is an expert witness? Well, it is someone who is considered knowledgeable in a particular field based on their training and experience. An oncologist who has worked for 20 years is an expert when it ... (read more) Author: Thomas Ajava

2. Wrongful Death and Punitive Damage Claims November 05, 2009 A wrongful death action sounds like something that would constitute a criminal case. Alas, it does not. It is a civil action. This means that a jury or judge finding in favor of the plaintiff would render an award of monetary damages in most cases. That doesn't mean, however, that punishment isn’t dealt out as well. In civil litigation, it comes in the form of punitive damages. To win any civil lawsuit, you need to show the element of damages. If a person slanders you by screaming untold curses that are not true, it really doesn't matter if they do it in the middle of the Sahara where no... (read more) Author: Thomas Ajava

3. Civil Litigation - Jury Versus Bench Trials November 05, 2009 The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both. You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well... (read more) Author: Thomas Ajava

4. The Right to an Attorney: When it does not apply and how indigent defendants are coerced into payin November 05, 2009 The Sixth Amendment to the United States Constitution provides that, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to have the Assistance of Counsel for his defense. The right to have assistance of counsel requires individual states to appoint attorneys for indigent defendants in criminal cases. Gideon v. Wainwright, 83 S. Ct. 792 (1963). However, there are two important limitations on this right to an appointed attorney. First, the right to an attorne... (read more) Author: Sam Cadbury

5. The Obstacle in Empanelling an Impartial Jury in a High-Profile Case November 02, 2009 Sixth Amendment: Defendant Rights Jury Trial In Duncan v. Louisiana, 391 U.S. 145 (1968), the Supreme Court recognized that the Sixth Amendment right to a jury trial in criminal cases is fundamental to the American scheme of justice. The purpose of a jury trial is to (1) prevent oppression by the government, (2) provide a safeguard against a corrupt or overzealous prosecutor and/or a biased or compliant judge, (3) give defendants the opportunity to be tried by his or her peers, and (4) reflect reluctance to entrust the liberty and life of an individual to one judge. See id. Unfortunately, the... (read more) Author: Sam Cadbury

6. Sentencing Laws October 27, 2009 In January 2007, the United States Supreme Court struck down a California sentencing law that allow judgesrather than juriesto impose longer prison terms based on aggravating circumstances. The ruling, which said that the law violates the Sixth Amendment right to a jury trial, marked the most recent in a series of similar rulings since 2000 and has far reaching implications for state and federal governments as well as for those who have been convicted and/or accused of a crime. The attorneys of Imhoff & Associates know the law and are committed to safeguarding the constitutional rights o... (read more) Author: Sam Cadbury

7. Wrongful Death Lawsuits - The Apportionment of Fault October 27, 2009 We mostly see criminal cases in movies, television shows and the news media because they tend to have the twardiest facts and most on the line. In these cases, the dividing line is fairly clear. While the evidence may be convoluted, the defendant is always found guilty or not guilty. The same is not true in a civil lawsuit such as a wrongful death claim. Civil court is where non-criminal cases are tried. The nature of the actions range from subjects such as real estate disputes to product liability claims such as whether Taser devices used by police are causing wrongful deaths. In the va... (read more) Author: Thomas Ajava

8. How A Law Office And Its Lawyers Actually Work October 27, 2009 The makeup of a law firm : Eeveryone saw a lawyer on television -- what you would likely see is a trial lawyer, barking at the defendant and imploring the jury that his truth is the real truth. While it is entertaining, it is not a reality. Counsels, in truth, do not have so much drama and excitement in their life. Mountains of paperwork and hours of consultation lie beneath the outside of the trial. Before you know it, you may need a lawyer for yourself. ever marvelled how a law office and its lawyers basically work? The law office of a firm is a place bustling with folk and activity... (read more) Author: blaire blaireantony@gmail.com

9. 5 Found Guilty of Australian Terror Plot October 16, 2009 Five men were convicted Friday for plotting a terrorist attack in Australia by stockpiling bomb-making instructions and purchasing explosives.A jury in the trial deliberated for a month before finding the men guilty of conspiring to commit and prepare for a terrorist act.  Each faces a maximum sentence of life.The men, aged between 25 and 44, were arrested in a series of raids on their homes in 2005. Prosecutors had said the men were trying to punish Australia for sending troops to fight in Iraq and Afghanistan.  Four others were earlier convicted over the plot hatched between July 2... (read more)

10. Different Types Of Entities In Law Firm And Lawyer Role October 16, 2009 The makeup of a law firm : Everyone saw a lawyer on television -- what you would likely see is a trial lawyer, barking at the accused and imploring the jury that his truth is the genuine truth. Although it is entertaining, it isn't a reality. Counsels, actually, don't have so much drama and excitement in their life. Mountains of paperwork and hours of consultation lie underneath the surface of the trial. Before you know it, you may need a lawyer for yourself. Ever questioned how a law office and its lawyers actually work? The law office of a firm is a place bustling with folks and ac... (read more) Author: dannie thomas

11. Criminal Procedure: Jury Trial vs. Bench Trial October 16, 2009 It is common knowledge that defendants in the United States have the right to a trial by jury, as is clearly stated in the Sixth Amendment of the United States Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. However, what many defendants dont realize is that there is the possibility of waiving the right to a jury and having a trial that is only before a judge. Although perhaps not intuitive, this type of trial, known as a bench trial, can in so... (read more) Author: Sam Cadbury

12. Entertainment Lawyers Find No Shortage of Work in Texas October 16, 2009 When most people picture the work of an attorney, they probably imagine someone standing in front of a jury trying to convince twelve men and women, using strong facts and emotion, to see their way on a particular case. Thanks to television and movies, this characterization of a lawyer certainly is reasonable. And, there are amazing trial lawyers who do spend their careers in a courtroom arguing on behalf of their clients. The reality is, though, that the overwhelming amount of work that falls to most attorneys is done far from the spotlight created by a public trial. Instead, the men and ... (read more) Author: Tony R. Bertolino

13. What is Mediation? October 13, 2009 Despite what you see on TV, only about 10% of personal injury cases go to trial in front of a judge and jury. Most are settled out of court, many before a lawsuit is even filed. Often, the lawyers will sit down to negotiate a settlement in front of an professional objective party, known as a mediator. Personal injury lawyer, Charles Flaxman, who is with Flaxman Law Group based in south Florida, tells us a bit about mediation and negotiating a settlement. What is Mediation? Mediation is a type of alternative dispute resolution which does not require a judge, jury and full court trial. Be... (read more) Author: Priyank Saxena

14. Factors That Go Into Wrongful Death Settlement Decisions October 05, 2009 Unlike what you see on dramatic television shows, the vast majority of cases settle long before the trial ever comes around. There are a host of issues that go into making the decision for both parties. In this article, we take a look at a couple that may be less obvious, but need to be considered in wrongful death actions. The facts of a case dictate its outcome. More pointedly, the evidence supporting those facts dictates the result. To this end, there is an old saying among lawyers. If the law is against you, argue the facts. If the facts are against you, argue the law. If both are ag... (read more) Author: Thomas Ajava

15. Drug Abuse and Dying October 02, 2009 A coworker told me a story about her recent jury duty and how that experience really opened her eyes to the realities of drug abuse. She was surprised to learn how people addicted to drugs often end up living. The trial was about a drug dealer that had killed one of his customers. The addict had been a former tough man contest winner. He knocked the over-six-foot tall drug dealer out in one punch. When the dealer awoke, he went home to get a gun. When he returned to the scene he shot and killed the man who had knocked him out cold. During the trial, this peddler of street pharmaceuti... (read more) Author: David Sn

16. Drug Abuse and Dying September 16, 2009 A coworker told me a story about her recent jury duty and how that experience really opened her eyes to the realities of drug abuse. She was surprised to learn how people addicted to drugs often end up living. The trial was about a drug dealer that had killed one of his customers. The addict had been a former tough man contest winner. He knocked the over-six-foot tall drug dealer out in one punch. When the dealer awoke, he went home to get a gun. When he returned to the scene he shot and killed the man who had knocked him out cold. During the trial, this peddler of street pharmaceuti... (read more) Author: Delete This Account

17. Mesothelioma Trials-What Are the Different 4 Stages Of The Trial? August 03, 2009 A mesothelioma patient is not compulsorily required to attend the trial of his/her mesothelioma lawsuit because most times by the time the lawsuit commences the patient will be too weak to attend, but if the patient decides to attend then he/she must be prepared to go through the different stages pf a trial. Each trial is different but there is usually an order of events in all civil cases and they will all pass through the following stages: 1-First, the judge (and possible a jury) will hear opening statements. Your lawyer will start by outlining your case. In response, the defendant's la... (read more) Author: Bello Kamorudeen

18. Stages of a Criminal Case part.3 June 29, 2009 9. Trial So after long eight stages of preparations we are at the most important but not the final stage of the whole criminal case process – the trial. The trial is the main stage of any criminal case, it is where all the preparations finally result in a solution and sentence, if the defendant is found guilty. This is where the justice is made. The trial can be divided into six phases. At first a jury is chosen and then the whole process proceeds to opening statements, witness testimony and cross-examination. Cross-examination (which includes witness testimony) is the main part of the w... (read more) Author: john metthew

19. Jury Awards $5.3 Million to Woman in Bad Faith Insurance Case June 14, 2009 April 26, 2008 Missoula, MT - An insurance company has been ordered by a jury to award a woman $5.3 million in damages because the California-based Fireman’s Fund Insurance Co. failed to pay her medical expenses after the plaintiff was involved in a 2003 head-on car crash. The trial lasted five days and it only took the jury eight hours to come back with the verdict that the insurance company acted in bad faith and owed Samantha Chilcote damages because they had denied her insurance claim. Insurance Details of the Car Crash It was in January 2003 that Chilcote was involved in the h... (read more) Author: Michael Levano

20. Trial begins in case of canceled health insurance : SHAYA TAYEFE MOHAJER May 27, 2009 Opening statements began Wednesday in a trial to determine if a man's health insurance was wrongly dropped three months after a major car accident left him with massive bills. The civil case against Blue Shield of California marks the first time a California jury will weigh in on the practice of rescission and could define the way courts handle similar lawsuits pending across the state. Steve Hailey's case in Orange County Superior Court is expected to last until early June and will examine whether Blue Shield inappropriately dropped his coverage after the car wreck left him with bil... (read more) Author: chad levin

21. Grand Jury Indictment and the Canadian Law May 12, 2009 Grand jury is a type of jury that determines whether there is enough evidence for a trial, in common law. Usually the grand juries carry out this duty ether by examining evidence presented by a prosecutor and issuing indictments or by investigating alleged crimes and issuing presentments. A grand jury is usually larger than the petit jury used during a trial. The size of grand jury depends on the jurisdiction and varies between twenty-three and twelve. If a grand jury is working at the case the jurors are summoned to serve for a certain period of time, the period sometimes lasts many mont... (read more) Author: Tamia Johnson

22. How to Use Graphics in Your Openings and Closings April 24, 2009 Bad opening statements tend to be littered with phrases like, the “sacred right to a jury trial” and “dates back to 1215,” as well as references to King John’s work on the Magna Carta (an event with which most American jurors are not familiar and about which they don’t much care). By the same token, bad closing arguments tend to be a repetition of opening statements (with the tense changed from “we’re going to show you that…” to “we have shown you that…”), plus a reiteration of the evidence presented and the arguments made, even when that evidence and those arguments are as dull as dry toast... (read more) Author: G. Christopher Ritter

23. Shipyard Worker Wins Mesothelioma Cancer Trial April 07, 2009 Following a jury trial that lasted two and a half weeks, a Norfolk, Virginia man won a $4.39 million verdict on Sept. 5. John Koonce, 59, worked at Norfolk Shipbuilding and Drydock Corp. from 1967 to 1971 with asbestos containing parts such as John Crane gaskets and packing materials. In 2006, he was diagnosed with mesothelioma cancer, and he later had a lung removed. Compensatory Damages and Medical Expenses After a day of deliberation, the jury awarded Koonce both compensatory damages ($4 million) and medical expenses ($390,000) from John Crane Inc., an Illinois-based company. Koon... (read more) Author: Joe Silver

24. Need An Expert's Advice To Make Your Life Easy? March 26, 2009 Whenever any problem encounters, everyone wants to approach the expert of that field for its best solution. Problem can be in any field like Accident Investigation & Reconstruction, Accountants / Accounting, Accident Prevention & Safety, Attorneys Fees, Crisis Management - Emergency Planning, Demolition, Family Issues - Family Law, Risk Management, Trial / Jury Consultants etc. The best solution can only be provided by the expert. Now the question arises that from where to find out an expert? The answer is none other than Experts.com The most important thing that should be considered... (read more) Author: David Smith

25. How Much is Your Personal Injury Case Worth? March 13, 2009 Every case is different, but there are several general rules that can be used to "evaluate" a personal injury case. 1. "Value" is ultimately determined by a jury. Whether a case ever gets to a jury trial does not change the fact that everyone involved in your case attempts to determine the value of the case through the eyes of 12 potential jurors. This includes insurance companies, your attorney, and it should also include you. 2. Determining who is that fault. Under Pennsylvania law, "negligence" is broken down in terms of percentages. This is true whether the case is tried in front... (read more) Author: Stuart Carpey

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