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Many people presume that judges issue rulings in court based simply on the facts at hand, without public opinion playing any role at all. However, history tells us that how judges read laws and constitutions very much reflects where public opinion is (or, at least, what they think the public will accept). Leading up to the final Supreme Court marriage victory, Justice Ruth Bader Ginsburg said in an interview that “there hasn’t been any major change…in which there wasn’t a groundswell among the people before the Supreme Court put its stamp of approval on the inclusion in the equality concept of people who were once left out.”
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.
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The National Liberty Alliance (NLA) is a proactive organization. You must do your homework, study the law, and be willing to put in the effort and time for your own paperwork. We DO NOT provide legal advice in anyway. If you do not want to learn the law and you want someone else to do the work for you, then you should consider other options than those on this site. But, if you want to help us stop judges and attorneys from stealing children, homes, and money from the people, then join us and register. If these things have happen to you, rest assured you are not alone. Many of our members have had children stolen, homes robbed, and many other injustices happen to them. Please make sure to signup so we can all make a difference.
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Try to maintain a subtle, composed smile at all times. “Practice in the mirror. You don’t want to look like a crazy person. But you might discover that a subtle, practiced smile looks friendlier and exudes more confidence than your natural expression does at rest. There’s truth to that 1980s deodorant slogan, ‘Never let them see you sweat.’ Your star witness buckles under cross-examination? Smile your subtle, practiced smile. Unexpected testimony shocks you? Subtle smile. If you frown or rock backward in surprise, a juror might conclude that you think your case has been undermined. If you keep your neutral, subtle smile, it instead says: ‘Everything’s going my way, just as I expected, all part of my master plan.’”
One of the first steps that a criminal attorney will take is to request the discovery, or evidence, that the District Attorney plans to use against you. The attorney will then review that discovery to determine the strengths and weaknesses in the evidence against you and the merits of the overall case, and will then determine the risks associated with various defense strategies. Once this analysis is completed, the criminal lawyer will then discuss all of this information with you to determine which next steps to take.
The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing the punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision.
Focus field organizing on creating media moments: Litigation-related field efforts should focus on creating media moments that demonstrate support, highlight harms, and create a climate for victory. Freedom to Marry worked with state organizations in litigation states to organize groupings of supporters that we knew would be newsworthy—Florida First Responders for the Freedom to Marry, Texas Faith Leaders for the Freedom to Marry, etc. Another tactic that created a media moment was launching petitions urging state attorneys general to drop their defense of anti-marriage laws (we’d pursue this only after consultation with the litigation team). The petitions – which always ended with an in-person drop-off featuring children of same-sex couples, adorably wrapped petitions, and families who needed the freedom to marry – were a creative way to build online buzz for the court cases, give supporters a way to get involved with the legal case, and earn some strong media attention that underlined the overarching messages of the campaign. We’d look to identify the most compelling personal stories that we thought might impact the public. Additionally, we’d organize Town Hall meetings as a focus point to gather supporters and provide a platform for newsworthy supporters and people with compelling stories.
A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain.
However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. Arkell v Pressdram). Where a legal proceeding does not have formally designated adverse parties, a form such as In re, Re or In the matter of is used (e.g. In re Gault). The "v" separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as "and" or "against" (as in, for example, Charles Dickens' Jarndyce and Jarndyce). Where it is considered necessary to protect the anonymity of a natural person, some cases may have one or both parties replaced by a standard pseudonym (Jane Roe in Roe v. Wade) or by an initial (D v D). In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin Rex or Regina, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)
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The focus for this specialty drug court is on those defendants between the ages of 18 and 24, young offenders (YO), and requires family support and participation. The program was launched in July 2010 and follows an intensive supervision drug court model with a focus on family treatment. This team has found a formula that is successful with the drug court defendants, especially with young offenders. YO Court mandates frequent court status checks, substance abuse treatment, community service activities, random drug testing, life skill classes, homework assignments and family involvement.
Oakland, CA: A Northern California owner and operator of two horse training facilities--Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister, doing business as EWC & Associates Inc.—has been reigned in by federal court and ordered to pay $1,270,683 to 30 employees for several work visa program violations and California labor law violations.
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.