Alternative dispute resolution refers to any method for solving disputes other than by litigation. It is a constrictive dispute resolution method to the extent that a decision by such a method cannot be overruled by a public court of law. A public court of law cannot also give awards different from the ones issues by the method. The two most common used methods of alternative dispute resolution are arbitration and mediation. These methods mainly include evaluation of a case that is done on neutral basis, negotiations, conciliation, mediation and finally arbitration. Alternative dispute resolution methods are becoming preferable due to the need to move away from crowded courtrooms, increasing litigation costs, and the delays experienced in courts before judgment is delivered. These reasons have compelled many people across the states to favor alternative arbitration programs. Some of these programs are voluntary while others are mandatory.
One of the most informal processes used is mediation. In this form of informal litigation, mediators pair the opposing sides and try to control the process. Mediators are trained personnel who are trained to work out settlements and tries to influence accept or reject decisions. This process is also favored since the parties agree amongst themselves and come up with a resolution unlike a court where a judge is influenced by many factors….
Aspects of California Evidence Law and its impact on people in today’s Society
There are various aspects of the California Evidence Law which impacts many individuals involved in the court of law, as well as the wider society. It is common knowledge that life cannot divorce itself from conflicts whether civil and criminal which is handled in the courts of law. The California Evidence Law has various aspects that influence how both the prosecutors and the defendants may argue their cases in court, how they can present their evidence, the nature of proof that is acceptable and that which is not accepted by the courts, among other key issues that affect people involved in the court processes. This paper makes effort to address the issues linked to California Evidence Law, and the impacts they have on paper.
The law of evidence in California has elements that are borrowed from the Federal Law of Evidence and that are why there will be close reference of the two laws. The aspects of the California Evidence law as reflected in this paper are such important issues that not only the lawyers who practice law should be well acquainted with, but also for the common man to be well versed with so as to interrelate with the laws well in the event they have to be used in the court of law in many capacities. People are used in courts as witnesses; as well as well they may appear in court as defendants and thus the California evidence law compounds as an important law, both for the people and the law practitioners. This law has impacts the people much since they come into interaction with the court processes in various ways, and may not have the formal schooling on matters of law and on evidence laws in particular. Thus this paper is such an important in outlining some of the critical aspects of the laws….
Criminal law and procedure essay:
In recent years, criminal procedure place the weight of evidence for the prosecution, meaning it is the work of the prosecution side to attest that the defendant is accountable over any rational uncertainty. This is in contrast to having the defendant attest that he/she is blameless, and all uncertainties determined in support of the defendant. The law also permits the defendant the freedom to legal advocate and any defendant who cannot afford a lawyer provided with one by the government.
The common rule in law commands that crucial prove is acceptable unless the law recommends otherwise. Hearsay and rumors not considered as evidence unless the defendant admits of uttering the words claimed against him. Any information attained unlawfully to be used as evident was dismissed to be termed as valid evidence in a court of law. The authority to prohibit unlawful evidence in Australia is entirely under the common law and on statutory requirements.
Its trite law that in criminal proceeding of all jurisdiction that a person is innocent till proven guilty. The burden of proof of all criminal cases lies on the prosecution. The proposed amendments to the Uniform Evidence Act of 1995 are to the effect that, in cases where a person is accused of offences against the person or property, and such person had a number of three previous convictions of similar offences, such evidence of conviction may be adduced in court against the person….
Duty of care
The duty of care in the law of the tort declares the amountable sum of the civil offenses that are far from the breach of lawful agreements. It revolves to be a law that revolves around the individuals and the conduct of them as concerns the properties and rights.
In this case duty of care is stipulated in a number of dimensions. This is based on the occupational and safety act in all the recreational places, in the land. According to the local law, the duty of care reverberates to inquire whether the happening of the accident was in a proximal manner that the injury happened as a result of lack of taking care by any of the parties. The cause of the injury is also examined to base the injury according to how much precaution was taken prior to the happening of the accident.
The company owes a duty of care to her since the driver of the vehicle was negligent in driving and thus violated her rights to continue her sporting activities in the future. This is clearly defined in the common law act as a violation of the duty of care….
The Criminal Justice System has many components that make up its system. The police, corrections, and the courts all play the role and act together in trying to maintain the most respectable and functional CJS. A system where each uses their own judgments on how to play their role. The views of each can vary from how they each feel the court system works and the integrity of it. Many factors can play a role in the way in which these people feel on the actual court system process. Such factors being where they work within the system, if they are judges, cops, lawyers or social service officers can change the way they feel the system works. Factors of where they work geographically and the views and opinions of those areas can also shape the way the person feels about the system.
The Police are the gatekeepers of the CJS. They are the ones who find the people who are violating laws and arrest them based on their discretion and situation of the case. Since, the patrol officers are who start many of the cases that go to court. They are the ones that should be interviewed on whether or not the court system works, the court system has integrity and what would that specific officer do to change the court system….
What is the main cause of crime and its imperative relationship to poverty? Such a question at first may seem unanswerable because we could never pin point the exact cause of such worldwide problems. Crime and poverty have been around from time was time and there is no doubt that crime is on the increase not only in the world but also in Belize.
During these past years, Belize has been infested with an outbreak of crime and violence and it appears to be at its peak. And the reason for this is many, for instance, the principal and most evident of them all would be the increasing rate of poverty that Belize has been experiencing owing to the vast opening in the midst of the poor and the rich that appears to be widening on a daily basis rather than closing up. The poor people of Belize see no other means to endurance and to stay alive and feel that they must resort to their last alternative, stealing, the most commonest form of crime found in Belize. Adding to this would be the high rate of unemployment that exists in our society mainly brought about by lack of education. So again, the only way for the uneducated, unemployed, and poor people to outlive such a way of living is once again resorting to a world of crime….
Jurisprudence means the knowledge or skills of the law . The law is basically described as an iceberg. Only one third of the laws are visible to us, the other two third are deep down, where it can’t be seen. Jurisprudence decides whether parts of the law are to be visible or not.
Jurisprudence deals as well with science and philosophy. An example for jurisprudence is the sexual predator law. The society and the lobbying government would like to introduce a new sexual predator law. This law would enable us to incarcerate sex predator indefinitely. This new law is now going through the matrix of jurisprudence. The matrix of jurisprudence has lots of concepts for the new law to be taken in to account for. In order for the sex predator law to be on the visible side of the iceberg, it has to go through the matrix of jurisprudence….
A term paper implies – that you have studied for a specific term, and have obtained enough knowledge on the subject, enough to write a term paper, and incorporate the obtained knowledge and add additional information obtained by individual education and personal research. A law term paper is one of the most complicated term papers there is, as in a law term paper you will have to be asked to write specific things taught during the semester. In order for a student to be able to write a good law term paper on any topic – he will have to use 100% information provided during class as well as implement absolutely innovative knowledge from various books, journals, publications.
If that seems impossible – there are always custom term paper writing services, such as CustomWritings.com for you to order a law term paper and forget about writing it. Using custom writing services is an easy and effective way to avoid problems with your law term paper. …
South Africa is a wonderful place. Ask the thousands of Nigerians going to Jo’burg. Those already there may have a different story however. Nevertheless, it’s a wonderful place, on TV at least. Like every other country, South Africans have their own problems. Take land distribution for example. About 15% or less of the population own 85% of the best arable land, leaving the poorer, arid soils to the remaining 85% of the population. This equation may sound unbalanced, but what if the lucky 15% feeds the whole country and still have a whole lot left over for export, contributing to the growth of the South African economy? Theoretically, that is what happens, thanks to advanced technological approaches to agriculture, but lets take a closer look….
According to William A. (Introduction to the International Criminal Court, 2004), the International Criminal Court (ICC) is an independent, permanent court that tries people accused of committing serious crimes against humanity. It tries people who are accused of committing genocide or involved in war crimes. It is a court that exists not to override the responsibilities and duties of the national judicial systems but rather it acts as a last alternative to try people accused of committing serious and heinous crimes. It can also be used in hearing cases and passing enforceable judgments should it be noted that trials involving serious crimes in the member states are being handled in a lacklustre manner and fairness is not being exercised.
The I.C.C was established in July 1998 in Rome by a treaty signed and ratified by 104 countries. They treaty is not universally binding but rather “only those states which formally express their consent are bound by its provisions” (International Criminal Court, n.d). Since its inception it has opened investigations in a number of countries in Africa: Uganda, Central African Republic, Darfur and also in Congo. Although its trials may be carried out in different countries its official headquarters are in Hague, Netherlands. It can only however, arbitrate or try crimes committed after the date its statute was incepted. The member states are committed to “refraining from acts which would defeat the object and purpose of the ICC treaty” (William A. 2004)….