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Showing 1 to 23 of 23 Articles matching 'Trial (law)' in related articles.

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1. THE HEARSAY RULE - And Its Excited Utterance Exception November 16, 2009 Attorneys often grapple with the evidentiary issues of the exceptions to the hearsay rule. In the fast pace and pressure of a trial, attorneys need to know the limits of the hearsay exceptions. What is Hearsay? Hearsay is an out-of-court statement, made by one other than the declarant, while testifying at a trial or hearing, offered as evidence to prove the truth of the matter asserted. Michigan law recognizes exceptions to the hearsay rule which are admissible at the trial or hearing. One such exception frequently encountered by attorneys is the excited utterance exception. An excited... (read more) Author: Sam Cadbury

2. Knowing The Correct Way to Make a Personal Injury Claim November 12, 2009 Seattle personal injury attorney. They can help you determine if your claim will likely succeed in court. Once in trial, the court will look to see if negligence was the root cause of the accident. It will also determine which party was more negligent -you or defendant. Whoever the court decides was responsible for the accident is required to pay. If you or your Seattle injury lawyer is filing a personal injury case, there is strong possibility you will be facing an insurance company in court. Do not let this intimidate you. While insurance companies do have massive resources behin... (read more) Author: Violet Ebert

3. 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

4. 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

5. Suicide Watch And The Role Of A Civil Rights Attorney November 05, 2009 Even if you are accused of a serious crime, such as murder, you have certain legal rights as per the criminal law in the United States of America. A civil rights attorney ensures that your rights are protected and you get a fair trial for your case. Such lawyers may not prove you innocent, especially if all the evidence is against you, but they will make sure that you do not face undue harassment or torture. Suicide watch is one such controversial aspect of the law that threatens the legal rights of the accused. What Is Suicide Watch? There is a special provision in the criminal... (read more) Author: Daniel Martin

6. A Criminal Lawyer Can Help You Protect Your Legal Rights November 05, 2009 The criminal justice system in the United States of America provides legal rights to individuals, including those who have been charged with criminal offense. In order to make the best use of these rights; you need the help of an experienced criminal lawyer. Though hiring an attorney to defend your case is not legally mandatory, it is highly recommended. The language of law is complicated. Unless you are a legal expert yourself, you will find the proceedings difficult and your chances of getting a fair trial will be low. No matter which criminal act you have been charged with, your defense law... (read more) Author: Daniel Martin

7. 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

8. Right To Confront Witnesses: Guaranteed by the Sixth Amendment of the Constitution of the United St November 05, 2009 There are two fundamental principles which guide the United States federal criminal justice system and which protect the rights of an accused in a criminal prosecution. First and foremost is the principle that an accused is presumed innocent. The second basic constitutional principle of law places the burden of that proof squarely upon the prosecution. These two principles are vital components of the criminal justice system which apply to a criminal defendant up until a verdict is reached. Rights Guaranteed to Persons Charged with Crimes Yet there are many more rights guaranteed to persons a... (read more) Author: Sam Cadbury

9. Why Doesn't My Lawyer Call Me Back? November 01, 2009 There is nothing that bothers legal clients more than when their lawyer doesn't take their calls or call them back promptly. This simply drives clients mad. Does this mean the lawyer is avoiding them or is there a valid reason for such inaction? It depends. The lawyer-client relationship can be a strong one, but it usually is not consistent. Instead, it tends to start strong, lag for a bit and then pick up strength again later on in the proceedings. This has nothing to do with the personalities of the attorney or client. Instead, the legal system involves a whole lot of waiting in many in... (read more) Author: Thomas Ajava

10. Understanding The Court System Is Key To Finding The Best Lawyer October 29, 2009 The legal system is often criticized for being an old boy's network. In many ways, this is true, just not how you might think. The real truth is the legal system is one of specialization. If you can grasp this fact, you can narrow down your choice to find the best lawyer for your case. We are a nation governed by the rule of law. Take a minute to really think about what that means. It means you and I have the right to bring any dispute before a jury of our peers. While a good thing, the simply fact is there are literally and endless number of subjects that can be at issue. One trial might... (read more) Author: Thomas Ajava

11. 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

12. File your lawsuit with a Litigation lawyer October 27, 2009 A Litigation lawyer is a legal advisor who resolves public or private legal matters through trial or negotiation. He is an expert with vast knowledge of laws and legal matters. If you find yourself in any kind of dispute (whether it’s a civil, public, or even private matter), you should protect yourself and hire a litigation lawyer. Litigation lawyers are civil attorneys with expertise in solving civil and criminal matters. If you have a legal problem, contact a litigation lawyer, make an appointment, and discuss your matter in detail. A litigation lawyer will handle the entire legal pro... (read more) Author: roby john

13. 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

14. Collaborative Family Law: A Friendly Divorce October 22, 2009 ANYONE WHO HAS EXPERIENCED a divorce through the Court process will very likely have an unpleasant experience or two to share at the end of it. Many couples at the outset of proceedings fail to realise that if they choose to fight it out through the courts to the bitter end, their case can take up to two years to come to final trial, at which they will be cross-examined on oath in the witness box, the minutiae of their lives picked over and noted down by strangers. And they will have to pay for it – not only in terms of legal costs, but in terms of the order a Judge makes which may not be favo... (read more) Author: Afsheen Qamar

15. 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

16. 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

17. How to secure Bail Bond Services October 16, 2009 A bail bond is essentially a legal document that guarantees the court that the defendant will appear in court on the day of his trial to face his charge. Needless to say, this document is a prized one for the kind of a person who has been arrested. This is because no one wants to face the trauma of having a loved one confined in jail when there is scope of release through bail bonds. The need arises when a person is arrested by law enforcement officials and taken to prison. The amount of bail is determined by the relevant bail schedule. However, the law enforcement agency has the right to... (read more) Author: Daniel Adams

18. The Bail Bond Recovery Business October 14, 2009 A well-known fact is that a bail bond is your lifeline to get someone you care about out of jail. In more technical terms, it is essentially a guarantee to a court of law that the defendant being released through the bail bond will be present for his trial. The process starts with a bail bondsman writing a bond for a defendant which is then underwritten by an insurance company. He charges about 10% commission on the bail amount decided by the court and also tries to obtain some form of collateral to provide this service to the defendant. The party providing this collateral would be called... (read more) Author: Daniel Adams

19. 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

20. Tricks To Get A Free Copy Of Your Credit Report October 12, 2009 Personal Credit Report AdviceWhat are the facts about free credit report programs. For starters, your credit bureau files can be seen for free once an year from the 3 credit bureaus. That's the law. But most credit experts recommend that you view your credit reports at least once every six months. What can you do? To view your scores more than once an year, you'll have to pay a fee to each of the three credit bureaus. It's also free. It's by using the various credit reports free services out there. These are actually credit report monitoring companies that offer a free trial and let's you ob... (read more) Author: Stacey Timmons

21. DWI / DUI Anatomy of a Trial October 09, 2009 DWI DUI What Happens In A Criminal Trail For DWI/DUI Arrest by Sharon Beth Morris, Attorney at Law The Anatomy of a Criminal Case and ARREST. The person suspected of committing a criminal act is arrested. If the target person is not immediately arrested, that doesn't mean that he or she won't be. It means that the police are continuing to investigate the incident and are trying to obtain sufficient evidence to arrest the target person. RELEASE. After arrest, the police can release a person O.R., on their own recognizance, in which case bail does not have to be posted. BA... (read more) Author: Sharon Morris

22. Understanding Your Legal Team - More Than Just A Lawyer October 08, 2009 Sooner or later, you are going to be introduced to the legal profession. This will usually require you to hire a lawyer. This is a surprising task for many people because they don’t realize that a legal team is much more than just a lawyer. In this article, we take a look at the usual members. The legal team obviously starts out with the lawyer in question. This is the person you meet with when considering who you are going to hire. This person is known as the lead attorney if they are in a law firm or just “the lawyer” in a sole practitioner situation. A law firm has two or more attorne... (read more) Author: Thomas Ajava

23. The Trial of Peter Zenger October 02, 2009 I remember studying in school of the famous trial of a man named John Peter Zenger which occurred in 1735, in New York City. What was the evidence against him? He had been arrested in the year before for criticizing the governor in his newspaper, called the New York Weekly Journal. Now, according to British law, he was guilty of a criminal act, even if what he had printed were true. The publication was considered an unfavorable impression of the governor. The only real hope that Zenger had was that he had some friends and neighbors who were on the jury who would hear the case against him.... (read more) Author: Meredith Miller

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