Answer:
The Trial Process
This webpage presents an overview of the formal processes and proceedings in any civil trial and a link to separate webpage that presents the specific chronology of events in the Woburn Toxic Trial. Links are also available to videoclips of Ohio State University students performing these tasks in a mock trial.
There are four main stages to a trial. In sequence, they are:
Pleading Stage - filing the complaint and the defense's motions.
Pretrial Stage - discovery process, finding of facts.
Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants.
Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.
Pleading Stage
Filing a Complaint - In civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense. This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint.
Summons - Notification by the court in which the complaint is filed as an action being brought against the defense. Service of the summons typically requires a response from the defense within a 30-day period. No response from the defense can trigger a default judgment for the plaintiff.
Motions to Dismiss - These are the defense's response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the complaint.
Motion for Judgment - Following the defendants response to the plaintiffs claims, the parties can either choose to settle or request a judgment based on the evidence presented, or the court can decide to continue toward resolving conflict at trial. If there is no judgment made, the case proceeds to the pre-trial stage.
Pretrial Stage
Discovery or Finding of Facts - There are generally two aspects of discovery. One consists of a series of questions, known as interrogatory questions, which are posed by the plaintiff's attorney to the defendant's attorney. The other consists of recording a witnesses sworn testimony, known as a deposition. Depositions typically take place outside the courtroom, before a court recorder, with opposing counsel asking questions of the witness.
Motion for Summary Judgment - At the conclusion of discovery, the court will typically review the facts of the case and determine if there is sufficient merit to proceed to trial or to encourage the parties to settle. If the finding of facts determines the case to be frivolous or non-substantiated, the case is dismissed.
Pretrial Order - If a substantial basis for the case is determined, the court will meet with and notify the parties of the trial schedule.
The Trial
Jury Selection - From a pool of potential jurors, individuals are questioned in a process known as voire dire to determine suitability to serve as impartial juror in the specific case. The judge and counsel for both parties are involved in voire dire process, with each party trying to impanel individuals who may be sympathetic to their cause.
Opening Statements - Statements to the jury made first by the plaintiffs' attorney and then by the defense attorneys setting up the circumstances and rationale of the legal complaint (plaintiffs) and the reasons for dismissing the claim (defense).
Click here to see a videoclip of opening statements from one of the Ohio State mock trials.
Plaintiff Testimony - The first part of the actual trial proceeding consists of the plaintiffs presenting their witnesses and experts to present the arguments and justifications for the complaint. The defense is permitted to cross-examine each witness in an attempt to dismiss, discredit, or disprove the witnesses statements.
Click here to see a videoclip of direct testimony from one of the Ohio State mock trials.
Defense Testimony - After the plaintiffs' case is presented, the defendants present their case in much the same way using witnesses and experts that present direct testimony, followed by cross examination by the plaintiffs' counsel.
Click here to see a videoclip of cross examination from one of the Ohio State mock trials.
Redirection and Recall - At the discretion of the judge, each witness can be redirected after cross examination by either the counsel. If critical information is not divulged during the initial testimony, counsel can request to recall a witness to the stand for additional questioning and cross examination.
Closing Arguments - Counsel for the plaintiffs and defense summarize their clients positions to remind the jurors of the facts presented in their case and to convince the jurors of veracity of their cause. Closing arguments are typically intended to be dramatic and pointed for effect.
Click here to see a videoclip of direct testimony from one of the Ohio State mock trials.
Explanation:
scott is a rude person . this tells us that his character does not include trait honesty, generosity,loyalty or politeness
Answer:
Politeness
Explanation:
If someone is rude, they are generally considered unpolite. This does not speak to their loyalty, honesty, or generosity.
congress passed a federal law in 1970 that allowed 18 year olds to vote in national state and local elections. in a paragraph explain why congress created the law and two effects of the law.
Explanation:
Congress did that because when you're 18yrs of age , you are almost an adult.
1. It has helped in the election of presidential and parliamentary candidates
2. It has helped to improve marriages .
sorry if I'm wrong
Answer:
Congress passed the law so 18 yr olds could enlist in the armed forces.
Explanation:
In order for people to enlist they have to have the right to vote. Congress did this so they could have more people enlist in the Veitnam war.
What is a document filed with government that outlines wages, taxes paid and reconciliation?
U.S. taxpayers utilize form 1040 to submit an annual income tax return to the government that lists wages, taxes paid, and reconciliation.
What is meant by annual income tax?An income tax is a charge levied against people or organizations (taxpayers) in relation to their earnings (commonly called taxable income). In most cases, income tax is calculated as the sum of the tax rate and the amount of taxable income. All sources of taxable income earned during a tax year must be added up in order to determine your income tax liability. The following step is to determine your adjusted gross income (AGI). Once you've done that, take your AGI and any deductions you are qualified for.Income taxes make up about 80% of all federal revenue, which is the primary source of funding for social programs like Social Security and Medicare. Payroll taxes are another important source of funding for the federal government.To learn more about annual income tax, refer to:
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can Nevada count those votes any slower jeez
right? like nevada please hurry up ;;
Cars are only as safe as their driver, so _____ is your best bet to lower your risk.
Sir Robert Peel, set the stage for what is known today as modern policing.
When the U.S. Constitution is not clear, how do we interpret the meaning?
Answer:
make me brainalist and keep smiling dude
Explanation:
There are seven widely accepted methods of interpretation that shed light on the meaning of the Constitution.
Text.Text.History.Text.History.Tradition.Text.History.Tradition.Precedent.Text.History.Tradition.Precedent.Structure.Text.History.Tradition.Precedent.Structure.Prudence/ Consequences.Text.History.Tradition.Precedent.Structure.Prudence/ Consequences.Natural Law/ MoralityAnswer:
Public Interpretation of Constitutional AmbiguityThe Justices of the Supreme Court are responsible for interpreting the meanings of all the. laws within the Constitution and for applying those interpretations to cases in which.
whic of the following objections to. affirmative action programs is raised by consequentialist critics
The objections to affirmative action programs is raised by consequentialist critics as they mainly benefit middle-class rather than lower-class African Americans.
Affirmative action is a word used to describe a policy that aims to provide underrepresented groups in our society more chances in the job and in education. Affirmative action emphasises groups with historically low representation in positions of authority, the workforce, and academia.
Support for affirmative action has historically and worldwide aimed to achieve objectives including addressing income and job disparities, expanding educational opportunities, fostering diversity, and redressing ostensible past wrongs, damages, or obstacles. Therefore, affirmative action refers to taking proactive measures to eradicate prejudice, to stop it from happening again, and to open up new possibilities that were previously closed off to women and people of colour.
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How have political parties contributed to the growth of women’s representation in Western European
parliaments? Discuss the reasons why some types of parties have more aggressively tried to raise their
number of women MPs than have other parties. Discuss how a country’s electoral system (proportional representation or single-member districts) influences its parties’ ability to increase female representation in parliament.
Gender equality and true democracy are fundamentally dependent on women's political engagement. It makes it easier for women to participate directly in public decision-making and provides a way to ensure that women are held more accountable.
What is the Electoral system?An electoral system is a system that determines how elections and referendums are conducted and how their results are determined.
Programs for mentoring and training help women develop their political abilities and get ready for political work. Regional Positions. Women who work in local government roles acquire the skills required for careers in regional and national politics as well as higher levels of public service.
Therefore, political parties contributed to the growth of women’s representation in Western European parliaments.
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Which of the following is available to a plaintiff in an ADA retaliation suit?
Multiple Choice
Punitive damages
Compensatory damages
Reinstatement
Jury trial
The options available to a plaintiff in an ADA retaliation suit include punitive damages, compensatory damages, reinstatement, and a jury trial.
In an ADA (Americans with Disabilities Act) retaliation suit, the available option for a plaintiff includes multiple choices: punitive damages, compensatory damages, reinstatement, and jury trial.
Punitive damages: These are monetary awards intended to punish the defendant for their wrongdoing and deter future similar conduct. Punitive damages may be awarded in cases where the defendant's actions are found to be particularly egregious or malicious.
Compensatory damages: These are monetary awards that aim to compensate the plaintiff for any harm or losses suffered as a result of the retaliation. It includes damages for emotional distress, lost wages, and other tangible or intangible losses.
Reinstatement: If the plaintiff was terminated or faced adverse employment actions, they may seek reinstatement to their former position or a similar position within the organization.
Jury trial: The plaintiff has the right to request a jury trial, where a group of impartial individuals will review the evidence presented and decide the outcome of the case.
These options provide the plaintiff with various avenues for seeking redress, compensation, and protection of their rights under the ADA in cases of retaliation.
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PLEASE HELP I HAVE UNTIL 11:59 TO DO THIS LAST QUESTION!
100 WORDS PLEASE!
What if the focus of corrections were deterrence? What types of sentencing would you recommend to a person convicted of robbery? Does your sentence differ based on whether you are considering general deterrence or specific deterrence?
MIAMI HERALD INVESTIGATION
Considering everything you read, do you believe further investigations need to be conducted in this facility? If yes, what issues would you investigate? How would you manage these issues? If not, why would you not investigate any further? Explain your answer.
As per the reading From Miami Herald Investigation, further investigations need to be conducted in order to ensure the well-being of Prisoners in Prison.
What is Miami Herald Investigation?Inmates who reported were physically attacked, isolated, and denied basic amenities like food, soap, and sanitary napkins, according to the Herald investigation, which revealed that institutional abuses persisted.
Inmates' death under controversial circumstances is a problem that has to be addressed. Family members claim they don't get enough explanations. This problem can be resolved by enforcing strong punishment against the guard who is participating in the act.
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victimisation refers to a person's violation of a human rights as well as a disturbance of their what
Ingmar asks Jessie to contract with Jessie's high school classmates to babysit Ingmar's new baby. Jessie orally agrees to do so. This is
Answer:
an agency by agreement
Explanation:
What is a constitution in government?
o any official agreement between two or more nations
O a written document stating how people agree to be governed
O a statement outlining basic rights and freedoms
O a written agreement between equal branches of government
Answer:
a written document stating how people agree to be governed
Tell the story of Trump Old Post Office v. Topo Atrio. Who had a
duty to mitigate in that case? What actions should that party take
in order to satisfy its duty to mitigate?
Donald Trump promised to make a move against gourmet expert Jos Andrs for leaving their eatery bargain at the Old Post Office after the Republican official up-and-comer offered generally reprimanded remarks on migrants.
On Friday, the Donald followed through on his promise. Trump Old Post Office LLC sued Andrs Think Food Group and an offshoot, Topo Atrio LLC, for $10 million and lawyers expenses, blaming them for two counts of break of agreement. The suit was documented in U.S. Region court for the District of Columbia
Andrs pulled out of the D.C. lodging bargain after Trump offered stigmatizing remarks about Mexican settlers during a June 15 discourse proclaiming his application for the Republican selection for president. The Spanish-conceived cook said recently that after those remarks, opening an eatery in Trumps inn was unthinkable, given his pleased worker legacy and that of a considerable lot of his representatives and visitors.
Work is in progress on the $200 million, 263-room Trump International Hotel, which was additionally expected to house a café from New York culinary expert Geoffrey Zakarian, however Zakarian likewise said recently he would pull out of the project. Think Food Group had a 10-year rent with Trump to work a lead eatery in the inn. However, as indicated by Trump's suit, Think Food Group told Trump's organization that his remarks abused the agreements of calm satisfaction and great confidence and reasonable managing.
The suit calls Andrs' response to Trump's comments "inquisitive," bringing up that the gourmet specialist said he respected Trump when the two declared the association in November.
"Mr. Andrs offense is interested considering the way that Mr. Trumps freely shared perspectives on movement have stayed reliable for a long time, and Mr. Trumps ability to honestly impart his insights is broadly known," the suit expressed.
The café bunch mentioned July 17 that Trump abjure his assertions and shun publicizing comparative articulations once more, as per the suit. That very day, Trump Old Post Office LLC had likewise informed Think Food Group that it was in default of its rent since it had not conveyed development records by June 29, as was spread out in the rent.
Trumps claim noticed that it is unquestionably hurtful to open a lavish inn without its arranged eatery, substantially less one going through development as will presently be required.
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1. How can the principles of Ubuntu be applied in the criminal justice system to ensure justice for victims? (200 words, 5 marks)
The concepts of social justice embraced by Ubuntu include equity (encourages interdependence), fairness, and equality (promotes equal opportunities) (brings about equal sharing of resources such that all members survive).
How should the principles of Ubuntu be applied to the criminal justice system to assist victims in receiving justice?In Bantu, the word "Ubuntu" means "humanity" and is an African word. The full concept of "humanity for others" is expressed in this sentence. If a person has endured physical, mental, or emotional injury, they are regarded as a victim.
When a victim reports an incident, police take the proper action by acquiring all necessary data. Nonetheless, Ubuntu's guiding principles place more of an emphasis on what is ethically right than what is right. The general population ought to have more empathy for the victims and treat them with dignity.
Occasionally, a victim will kill a perpetrator. It is not appropriate for the investigating authorities to assume the victim was also the attacker in this situation. Investigating the scene of the crime and obtaining the murderer's testimony should be the police' top priorities. Prior to the investigation's conclusion, they shouldn't regard the person as either a victim or a criminal.
Compared to other philosophies, Ubuntu's approach to problem solving is slightly different. We should always have a big picture in Ubuntu. For instance, when a person travels, they might not always have a place to stay. The villagers may occasionally provide the things that the travelers need. The fact that the villagers give the travelers supplies is unimportant, but they nevertheless do it. This is due to their increased humanity and the assistance they give to others.
When a person poses a threat to large individuals, poisoning the subject is necessary. According to Ubuntu's guiding principles, a victim should be handled with compassion and ethics.
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_______ is when someone has some sort of mental or physical defect that prevents him or her from being able to enter into a legally binding contract.
The term you are looking for is "incapacity". Incapacity refers to the inability of an individual to make informed decisions due to some kind of mental or physical defect. This incapacity can be temporary or permanent and can affect an individual's ability to understand the nature of a contract, its terms, and its implications.
In the context of contract law, incapacity means that the affected individual is not legally competent to enter into a contract, and any contract entered into by them may be considered void or unenforceable.
Mental incapacity can arise due to a variety of factors such as mental illness, cognitive impairment, intellectual disability, and even intoxication. Physical incapacity can arise due to factors such as injury, illness, or disability. In such cases, a court may appoint a legal guardian or conservator to act on behalf of the incapacitated individual and make legal decisions for them.
It is important to note that the determination of incapacity is not always straightforward and may require a formal evaluation by a medical or legal expert. The law generally seeks to protect individuals with mental or physical incapacity from being exploited or taken advantage of, especially in contractual relationships. Therefore, it is essential to be aware of these issues when entering into any contractual agreement.
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Question 1: Of the following, which is not a source of law in the United States? a. Statutes b. Regulations c. Constitutions d. Napoleonic Code Question 2: The U.S. Constitution is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States. a. True b. False Question 3: A Rule established in a previous legal case either binding on or persuasive for another court when deciding subsequent cases with similar issues or facts a. What is lex talionis? b. What is res judacata? c. What is stare decisis? d. What is the rule of ambiguity? Question 4: Case law is best described as: a. The collection of past legal decisions written by courts in the course of deciding cases b. The collection of past legal decisions written by the legislature in the course of deciding cases c. The collection of past legal decisions written by the executive in the course of deciding cases d. All of the above
Question 1: Of the following, which is not a source of law in the United States?Of the following, Napoleonic Code is not a source of law in the United States.
Therefore, the correct answer is d. Napoleonic Code.Question 2: The U.S. Constitution is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States.The given statement is true. Therefore, the correct answer is a. True.Question 3: A Rule established in a previous legal case either binding on or persuasive for another court when deciding subsequent cases with similar issues or facts
The term "Stare Decisis" is referred to as the rule established in a previous legal case either binding on or persuasive for another court when deciding subsequent cases with similar issues or facts. Therefore, the correct option is c. What is Stare Decisis?Question 4: Case law is best described as:Case law is the collection of past legal decisions written by courts in the course of deciding cases. Therefore, the correct answer is a. The collection of past legal decisions written by courts in the course of deciding cases.
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Disclosing workplace issues in a public setting is _
Which of the following is an unbudgetable spending shock?
Property tax bill
Semi-annual dental visit
Gas used on a planned road trip
Parking Ticket
If you use your Rainy Day fund to pay for a shock, how should you replenish the account?
As a part of your normal savings each month, use part fo refill the fund
With small regular payments as part of your budget moving forward
In as large of payments you can make each month until the account is refilled
Using your emergency credit card as a cash advance
How can you avoid Budgetable spending shocks?
By updating your spending plan or budget regularly
By keeping a Rainy Day fund
By keeping an Emergency Credit Card
Spending shocks cannot be avoided
Answer:
1)D 2)C 3)A
Explanation:
i took the test
What are the significance of the NAPOLCOM in the operation of the PNP
Answer:
Explanation:
The National Police Commission abbreviated as NAPOLCOM, is an attached agency of the Department of the Interior and Local Government responsible for the administration and control of the Philippine National Police (PNP).6975 and 8551 to administer and control the Philippine National Police, the DILG “ for the purpose of effectively discharging the functions prescribe in the "To exercise administrative control and operational supervision over the PNP.
plz mark as brainliest
obstacles to policy implementation by the bureaucracy include __________.
Obstacles to policy implementation by the bureaucracy include several factors that can hinder the effective implementation of policies.
One of the significant challenges is the lack of resources, which can include inadequate budgetary allocations or insufficient personnel to implement policies.
Another obstacle is the complex bureaucratic processes that can slow down the implementation process and cause delays. Additionally, bureaucratic red tape and rigid procedures can create unnecessary barriers to policy implementation.Furthermore, conflicting interests and goals within the bureaucracy can also pose significant obstacles to policy implementation. Different departments or agencies may have divergent interests that do not align with the overall goals of the policy, leading to resistance or sabotage of the policy implementation efforts. Moreover, bureaucratic culture and resistance to change can be a significant impediment to policy implementation, especially when new policies disrupt the status quo or threaten the interests of bureaucratic elites.Finally, external factors such as political interference, public opposition, or legal challenges can also hinder policy implementation efforts. These external factors can create additional barriers, further complicating the already challenging process of implementing policies. Overall, these obstacles can undermine the effectiveness of policies and lead to a failure to achieve policy goals.Know more about the implement policies.
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which of the following best describes the relationship between taxes and redistribution in the developed world?
In general, taxes are regressive, resulting in less redistribution than could be anticipated.
About Taxes
There are different federal, state, & municipal governments in the United States, and taxes are levied at many levels. Income, wages, property, sales, dividends, imports, estates, gifts, and a variety of other items are all subject to taxation. Federal, state, & local governments collected 25.5% of GDP in taxes in 2020, less than the OECD avg of 33.5% of GDP. In terms of tax income to GDP, the United States ranked seventh lowest among OECD nations in 2020, having a higher ratio than México, Columbia, Chile, Ireland, Costa Rica, & Turkey.
Labor income is taxed significantly more harshly than capital income. Indirect taxation of certain activities over others can also take the shape of various subsidies and taxes for various sources of income and spending.
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Can US lawyers practice in any state?
No State law governs the majority of practice areas, hence a State Bar license is necessary for those. Even federally focused-legal specialties like bankruptcy and immigration may call for a State Bar license.
However, there has been a lot of litigation and discussion in the courts over that matter.
The main advantage of practicing law in many states is that you may serve a wider range of clients. Being able to accept cases on the opposite side of the state boundary, for instance, is significant for states where there is insufficient population density for your specialized legal practice field.
Having a few bar licenses might make a big difference for your client and your practice in specific practice areas (including business formation, litigation, and mass torts), where venue shopping is crucial.
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Generally speaking, no.in court the majority of practice areas are governed by state law and call for a State Bar license. even in federal law-focused areas like bankruptcy, immigration, etc.
what is main benefit of working as a lawyer in court?Serving a larger range of customers is the main benefit of working as a lawyer in several states. For states with insufficient population density for your specialized legal practice sector, being able to take cases on the other side of the state boundary, for example, is important.
In certain practice areas (such as business formation, litigation, and mass torts), where venue shopping is essential, having a few bar licenses could significantly benefit your client and your firm.
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The distance it takes you to stop your vehicle depends on: road condition, but not your speed. the number of vehicles in front of you. reaction of the driver, vehicle condition, wind direction, and road conditions
Answer:
vehicle condition
Explanation:
if the brakes on a car are all messed up it'll make stopping alot harder.
Patty is the Plaintiff in a trial and Daryl is the Defendant. Patty and Daryl each call their witnesses, offer their evidence, and presents their side of the case. The parties rest and give their closing statements. The jury finds for Patty. Daryl disagrees with the verdict. Name one option that Daryl can do at this point of the post-trial process and what that option will do for him.
Answer:
Take it to a higher jury
Explanation:
Mrs. Willard wants to know generally how the benefits under original medicare might compare to the benefits package of a medicare advantage plan before she starts looking at specific plans. What could you tell her?.
Medicare Health Plans are required to contain a maximum out-of-pocket cap on Part A and Part B services.
What is Medicare?Medicare is the kind of the insurance taken by the people who are at the age of 65 or above it in order to have the medical assistance. Medicare covers some prescription medicines, hospital stays, and other healthcare expenses.
According to the above scenario, it can be concluded that Medicare Health Plans are required to contain a maximum out-of-pocket cap on Part A and Part B services.
Medicare Health Plans additional benefits that Original Medicare does not cover, such as vision, hearing, and dental care.
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what do you think about the differences between the common law and
the UCC rules on offers and acceptances? Can you think of an
example where you might have madr offer forming a contract?
In a contract under common law, all of the following must be included: the offer, the type of the work, the price, the quantity, and the performance. In a contract under the UCC, just the quantity must be specified.
In general, the UCC offers what the common law does: if the parties have a written document that is meant to be their final agreement, it "may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement." The "course of dealing or usage of trade" may, however, provide an explanation. When someone visits a grocery store to buy their groceries, they enter into an agreement with the store to pay money in exchange for food and drink.
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In a products liability lawsuit, who can the injured consumer sue to compensate them for their harm?.
Answer:
The company that sold the product to the consumer.
Explanation:
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