In the Hayes v. Oakridge Home case, a 95 year old lady sign a document in which she agreed to arbitrate any claims against Oakridge Home. In signing these agreements, Hayes gave up her right to any kind of trial, and her right to receive punitive damages and attorney fees. Hayes fell while she was a resident at Oakridge and she filed suit in Common Pleas Court in Cleveland against Oakridge for negligence and/or recklessness in caring for her. The trial court agreed with the nursing home that
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The jury system in a criminal trial process determines whether the accused is guilty or not guilty rather than the judge. There is generally 12 members but under the Jury Act 2006, 15 members are required for a lengthy criminal proceeding. In order for the jury to operate properly they must abide by the Jury Act 1977 (NSW). This makes the jury more reliable because it allows the defendant to have a fair trial by selecting ordinary people from electoral rolls and must uphold the community’s current
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Pro. Traditional litigation normally involves a substantial amount of time, unwarranted publicity, and detail-oriented tasks. It often results in a court trial to determine the guilt or innocence of the parties involved. Litigation consists of the filing of a lawsuit and the process of discovery, which can lead to a court trial and determination of guilt or innocence by a jury. The substantial time and documents associated with traditional litigation create financial burdens that
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Business and Management Court Observation In: Business and Management Court Observation Court Observation On Monday I visited the District Court. This was my second attempt at visiting a court room; on my first trip I was told the judge did not have a docket for that day. A docket is defined as a calendar of cases awaiting action in a court. Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction
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An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment”. This basically means a process which takes place because the defendant and their attorney feel that the verdict that was given was inaccurate which was due to something that may have happened during trial or the arrest. Appeals are done to make sure that the person has had a fair trial and none of their rights were violated. An appellate court as the text states can help an area decided
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Modified IRAC Analysis The fact of this case is the defense was challenging a strike of a juror, Zeniab Osman, that was made by the prosecution. This was the second juror that was struck from the case both being black individuals. The defense was claiming the strike was because of discrimination of a race. Under the statute created by Melbourne vs Florida (1996), a set of steps is to be taken when a peremptory strike is challenged as being discriminatory. Those steps are: 1. The side
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authorities; substantial research suggests that increased compliance with court orders and decreased recidivism by criminal offenders will result. Procedural fairness also will lessen the difference in how minority populations perceive and react to the courts. Hon. Kevin Burke, Minnesota District Court, Hennepin County, and Hon. Steve Leben, Kansas Court of Appeals “Procedural Fairness: A key ingredient in public satisfaction,” Court Review This observation report has two parts. The first part centers
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INTRODUCTION:- Any dispute is just like a Cancer. If it is resolved sooner, it is better for all the parties concerned to it. If it is not resolved at the beginning, it grows at the very fast rate and with time, it becomes very difficult to resolve it.As new issues emerges and conflicting situation flourish. In this way one dispute leads to another and new complexities arises thereby leading to multiplicity of proceedings. Therefore, it is always better to resolve it at the moment it rears its
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MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must
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Statistical analysis of hamilton county court system 1994-1996 Summary of purpose On Sunday January 11th 1998 The Enquirer of Cincinnati Ohio released an article by Kristen Delguzzi entitled, “Courtroom errors undermine justice.” This report summarizes and ranks each court and judges’ ruling in Hamilton County from 1994 to 1996. Each Judge is ranked on frequency of having a ruling appealed and the frequency of handing down an unlawful judgement. These rankings are subdivided into quartiles
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