A trial can to be the most risky option for resolving a case. This is because a third party, meaning a judge or jury, is determining your guilt or innocence. Even in the strongest of cases, judges and juries have found defendants guilty in the face of significant reasonable doubt. While you usually have appeal rights of some sort if you feel you are wrongfully convicted, you must be aware when opting for a trial that you are leaving your fate open to someone else’s decision making. This means that if you are found guilty, you are subject to whatever consequence the judge decides upon consistent with the law.
Legal cases, whether criminal or civil, are premised on the idea that a dispute will be fairly resolved when a legal procedure exists by which the dispute can be brought to a factfinder not otherwise involved in the case, who can evaluate evidence to determine the truth with respect to claims of guilt, innocence, liability, or lack of fault. Details of the procedure may depend on both the kind of case and the kind of system in which the case is brought - whether, for example, it is an inquisitorial system or a solo
Lethal Take of Sea Lions: One of the most frustrating things you can face when you have a salmon or steelhead on the line, is a sea lion taking your catch. We have been directly involved in a successful lawsuit against the U.S. Humane Society to support the ODFW plan to use force against these problem predators. This is both an ESA issue and a human safety issue for sport anglers.
The Telephone Counseling Line provides education and information regarding residential tenant-landlord disputes. Lines are busy, and callers are encouraged to keep trying. Phones are answered by trained housing counselors who offer options, refer callers to other agencies, or suggest legal assistance through Legal Aid, lawyer referral services, etc. The counselors can discuss tenant-landlord rights and responsibilities as described in the Texas Property Code and other sources. However, no attorneys are on staff and ATC counselors cannot offer legal advice. Anyone needing legal advice should contact an attorney.
Certain types of cases can only be heard by judges. In many cases, however,either party hasthe right to request that the case be heard by a jury. Most people representing themselves will do better in front of a judge than a jury -- jury trials are more complicated for a variety of reasons, and presenting your case to a judge will make your job quite a bit easier. However, if your opponent requests a jury trial, you will have to deal with a jury, whether you want one or not.
Stay in character, even when you don’t have a speaking role. “Your audience – the jury – is watching you from the moment they walk in, long before you say anything. Their only entertainment is watching you. They can’t check their phones, talk to one another or even lift their rears from their assigned seats. They’ll notice everything you do and draw conclusions about who you are.”
I'd been planning to spend a few days in a nearby city, so I hired a nurse to look after my mother while I was away. Two hours after I left, while I was still on the airplane, APS came to my mother's place and found her alone. The nurse I hired foolishly stepped out for some reason, and when she returned APS was there. They took my mother to a nursing home against her will.
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That’s why Freedom to Marry’s strategy – while always building toward a win in the Supreme Court, and very much embracing litigation as a key methodology – was to marshal and invest energy and resources in making as strong a case in the court of public opinion as our advocates and plaintiffs were also making in the court of law. Here’s a look at key tactics we employed to creating the climate to win and hold victories in the courts.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.