Once you know the elements you'll have to prove to win your case, you can figure out what types of evidence will help you prove each key fact. However, not every kind of evidence can be presented in a courtroom: Complicated rules of evidence determine whether a particular document, statement, or item is admissible in court. Although you don't have to master every detail of these rules, you should do enough research to make sure that you'll be able to present the evidence you need to win.
During document production, you or the other side can request any documents that might have anything to do with the case. These documents may have information you can use to help you win the case. If you discover a "smoking gun" – a document that proves the person or company you're suing is liable for your damages – you can point it out and demand the other side settle. You also may be able to file a motion for summary judgment, arguing that certain facts or issues have been settled based on that piece of evidence.
How did conservatives swing races by 12.5% in just over a year? It starts with executing the basics. In some ways it was similar to the University of Virginia winning the national championship a year after being the first No. 1 seed to lose in the NCAA Men’s Basketball Tournament. They focused on doing the fundamentals and got a huge change in outcome in one short year.
Civil litigation is between two parties in which one party is claimed to have injured another, and it's the kind of litigation most businesses will be involved in. Criminal law is the government prosecuting a crime against society. In civil law, the burden of proof changes from "reasonable doubt" to "preponderance of evidence," which is less onerous on the plaintiff.
At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses. The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.
There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.
I have represented myself in various state and federal courts for years and have experienced firsthand just how unfair our system of justice can be against a person who decides to represent himself. Not long ago a federal judge looked me in the eye and told me just before the trial that I wouldn’t win. The judge did a lot of things during the trial to make it unfair for me, but I did win.
Los Angeles, CA It is clear that workers who show up for a shift but are then told to go home because there is not enough work are entitled to wages under California law. The decision in Ward v. Tilly’s, a recent California unpaid wages lawsuit takes it a step further. If you have to call before your scheduled shift is to begin to find out if you really should go in, then you are entitled to wages for a portion of your shift, even if the answer is “no.”
You won't win a lawsuit by simply striding into the courthouse and demanding money from your opponent. Each type oflegal claimhas a number of "elements" that you'll need to prove in order to win. For example, in a dispute over a contract, you must prove that a contract existed, that you held up your end of the bargain, that your opponent failed to meet his or her contractual obligations, and that you were harmed as a result. You'll want to plan ahead carefully to make sure that you can prove every element of your case -- or, if you are defending yourself against a lawsuit, to make sure that you can disprove at least one element of your opponent's case.
In almost all situations, a negotiated solution to a dispute is quicker, less expensive and more private than litigating in court. Often, judges require litigants to attempt to reach agreement using a trained facilitator called a mediator before they will be allowed to move forward to a courtroom trial. Take full advantage of the available opportunities for mediation. Cooperate fully with the mediator's requests, and see if it's possible to arrive at a negotiated deal that both you and the other side can live with.
Judge Hagedorn executed his campaign plan, delivered his message to the voters and withstood withering attacks from the left and the media. The left attacked him for starting a Christian school and for calling Planned Parenthood a “wicked organization.” Planned Parenthood went on to spend over $120,000 to try to defeat him. As a result, business groups, afraid of backlash, decided to stay out of this race, clearly intimidated by the most radical elements of the political left. Private polling showed Hagedorn down by nearly double digits and the political experts predicted a big loss for him. At one point the groups on the left were outspending those on the right by a 14-to-1 margin, as Eric Holder and liberals eyed a flip of the conservative leaning court.
American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision and participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit.
In trying a case, a defense attorney will work to highlight the favorable facts of your case and to show the State has not proved the case beyond a reasonable doubt. He will do this in the process of examining the defense witnesses and cross-examining the State’s witnesses. The case will be summarized and important points highlighted in opening and closing arguments. Your attorney will also object to various components of the State’s case based on trial procedures and the rule of law.
Participants may receive targeted case management, medication stabilization, mental health counseling, substance abuse counseling and residential placement. Defendants are excluded from the program if they are sex or arson offenders, drug traffickers, active gang members or have a criminal record involving weapons. To participate complete the Mental Health Court Application and Agreement and send to firstname.lastname@example.org and email@example.com.
The WIN Court program is dedicated to the treatment and recovery of each participant; assisting with developing a transition plan to set them on a journey of a new life and provide the foundation for a successful future filled with possibilities. WIN Court focuses on teaching balance, resilience and empowerment. They complete an intensive supervised program where they work hard to embrace healthy and productive lifestyles through education, substance abuse treatment, mental health and/or individual therapy, vocational training, financial and life skills. The women do the tough introspective work and commit themselves to their recovery. They learn parenting and communication skills in order to reunite with their children and estranged families. The woman are empowered through effective coping skills, self-esteem, confidence, dignity and communication skills. At graduation, they are hopeful and ready to embark into a life of recovery, independence and success. For more information call 702-38-COURT.
There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to the overall court system and lawsuits within the court. This study concluded that the new rules that were set for litigation financing actually did produce more settlements. Under conservative rules, there tended to be fewer settlements, however under the older rules they tended to be larger on average.
If you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information. or retaliation, you first have to file a charge with the EEOC (except for lawsuits under the Equal Pay Act, see below).
Women in Need of Change, or WIN Court, is the opportunity for chronic women offenders to invest in themselves and their future. WIN Court is a trauma-responsive court that addresses the behaviors of chronic women offenders arrested in the city of Las Vegas. WIN Court focuses on the individual’s core issues in relationship to trauma and co-occurring mental health behaviors. These traumas contribute to their choices of substance abuse, criminal activity and recidivism. The program offers each individual woman a toolbox to address past traumas in order to move forward to a future of exciting new choices. In a safe environment, the program builds on trust and respect to be able to identify the trauma, employ strategies to normalize the symptoms and manage the related triggers and their reactions. WIN Court addresses chronic women offenders who have amassed misdemeanor offenses within the jurisdiction of the city of Las Vegas change their lives. The participants volunteer to enter into an 18-month to 24-month commitment. The basic requirements may include:
If you have a registered in EEOC's Public Portal, you can submit your request by logging in to your charge account and uploading your request. If you don't have an online charge account, send your request for a Notice of Right to Sue to the EEOC office responsible for investigating your charge and include your EEOC charge number and the names of the parties.
If the facts in your case are questionable and there is significant risk for conviction at trial and the potential consequences are too high, an alternative to resolving your case by trial is to accept a plea agreement. It is important to have a criminal lawyer, whether hired or court appointed, helping you with your case, but this is especially true if you are considering a plea.
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The lawsuit, filed Wednesday in federal court in California, is seeking class-action status and is the latest development in a scandal involving celebrities and other wealthy parents who federal authorities say sought to have their children admitted into universities by bribing athletic coaches and having other people take tests for their children.
Jay Reeves practiced law in North Carolina and South Carolina. Over the course of his 35-year career he was a solo practitioner, corporate lawyer, legal editor, Legal Aid staff attorney and insurance risk manager. Today he helps lawyers and firms put more mojo in their practice through marketing, work-life balance and reclaiming passion for what they do. He is available for consultations, retreats and presentations.
The second service of LII Bulletin is a preview and analysis service for upcoming Supreme Court cases. Subscribers to the Bulletin receive legal analysis of upcoming Supreme Court cases with the intention of providing sophisticated yet accessible previews of the cases. LII selectively recruits second- and third-year students of the Cornell Law School to comprise the LII Bulletin editorial board. The Bulletin editorial board is responsible for every aspect of the journal's management, from selecting decisions for commentary to researching, writing, editing, and producing the journal content in HTML.
The climate response team is made up of senior university administrators who take complaints from students via an online portal that include everything from derogatory comments made on Facebook to student organizations participating in traditions that could be perceived as insensitive. Since September 2017, it has investigated more than 100 reports of "expressions of bias" in posters, fliers, social media, whiteboards and verbal comments, among others, according to the nonprofit's data. The lawsuit says these investigations can result in formal discipline for incidents that include "wide swaths of protected expression."
Residents use light rail during the afternoon hours in downtown Phoenix. Valley Metro CEO Scott Smith says he hopes to fix the light rail’s public image by implementing a new code of conduct that prohibits unruly behavior and gives light-rail security guards more flexibility to remove passengers. Valley Metro says there has been an increase in bad behavior on the light rail — actions that don’t rise to a criminal offense but do cause other passengers to feel unsafe or uncomfortable. Nick Oza/The Republic
Produce and air television ads to showcase overarching messages and powerful messengers. One powerful way to generate earned media and drive the narrative while a court case is pending is by airing a television commercial highlighting a poignant story or a powerful messenger. During federal court consideration of lawsuits in the Mountain West, we aired a television spot featuring retired U.S. Senator Alan Simpson speaking about the western and Republican values that were important to him and how they led him to support the freedom to marry. In Tennessee, we aired a spot featuring a gay Navy officer who had just served in Afghanistan and yet couldn’t marry his partner in his home state. In Texas, through our Texas for Marriage campaign, we featured the voices of non-gay police officers standing beside a gay colleague in support of his freedom to marry. For each of these, we did relatively small media buys, with the goal of getting coverage of the spot on television news and in print. Because the stories were both so powerful, for a relatively small investment in airing the spot, we received solid earned media coverage.
Though the majority of lawsuits are settled before ever reaching a state of trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine, for example in the United States), or vice versa. It is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have the ability to even enforce a judgment if the defendant's assets are theoretically outside their reach.