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Posts Tagged ‘court’

What is the Difference between and Arbitrator and a Mediator?

Friday, September 30th, 2011

If you’ve gotten this far than you are probably already familiar with the term “alternative dispute resolution” or ADR. Whereas the trail court system is the classic way to settle disputes in a legal and dignified manner, there is another whole framework which allows parties to come to a legal, and enforceable solution but in an “alternative” way. ADR is an alternative to the courtroom and an alternative to many of the hassles and costs surrounding the trial court process. The two main disciplines of ADR are arbitration and mediation, and the enforcers are called “arbitrator” and “mediator” respectively.

Let’s discuss the elements of arbitration and mediation so that we can make some distinction as to which one is most suitable for specific cases.

Arbitration- If you are looking for all to benefits of trial court for only a fraction of the price and time investment, than an arbitrator might be the best fit for you. Much like court, in an arbitration hearing, both sides present their cases before the arbitrator. When all is said and done, the arbitrator makes a decision as to who the winner of the case is, and orders that the looser to compensate the winner. As you can see, the arbitrator serves in place of a trial court judge.

Arbitration is like the “diet” version of trial court. If you want to compare arbitration to something it would make a lot of sense to see it as a boxing match. Both parties go into the ring to ‘duke it out’ until the ref declares a winner. So to in an arbitrated case both parties go into the arbitration hearing to compete and not to compromise. Arbitration, although being less formal than trial court, is still competitive in the same sense as trial court.

Mediation- While arbitration is a competitive, dog-eat-dog form of ADR, mediation is much more cooperative in nature. During the course a mediated session the two parties meet with the mediator, not as competitor, rather as partners. The job of the mediator is to facilitate a cooperative discussion and decision between the opposing parties. And at the end of the hearing the mediator does not make any decision as to who is the winner. Rather, the two parties work together with the mediator to discuss and decide upon solutions which will be acceptable to everyone involved. Nobody is forced into a situation that they don’t like, and at the end of the mediated session each party will sign the decision only if they want to sign.

As opposed to arbitration, which we compared above to a boxing match, mediation is more comparable to a symphony where everyone works together to make beautiful music of an agreement together. For the purposes of the comparison, the mediator is similar to the symphony conductor.

Now that we have made it this far, let’s consider which dispute resolution forum is best suitable to your case. Basically, if you can imagine yourself working with the other party in your case and coming to a reasonable, and acceptable agreement, then mediation may be the best option for you. But if one of you are more interested in proving a point, or unwilling to compromise, then arbitration or trial court may be your only direction worth pursuing.

If you are considering using ADR services like an arbitrator or mediator there are some traits and skills which are important to look for, such as having experiance and expertise in the subject of your case.


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Do You Need a DUI Attorney?

Friday, September 23rd, 2011

Do You Need a DUI Attorney?

Have you been arrested for “drunk driving”? Do you feel you need a DUI Attorney or at least want to get an assessment of your case by a DUI Attorney? Do you live in Los Angeles, California? Maybe someone has suggested that you search for a DUI attorney located in Los Angeles County. If your driving record is on the line, don’t hesitate to google “DUI Attorney” whether you are in Los Angeles County or nearby. Several Los Angeles DUI Attorney sites will result and you can contact a DUI lawyer Los Angeles about your DUI case. The DUI Attorney will assess your case, help you understand Los Angeles court procedures and California DUI laws, explain the law consequences for a DUI, and represent your case in court.

Did you know that, according to a DUI Attorney, every state in the country has a “drunk driving” law? But, as a DUI Attorney will tell you, the DUI consequences differ a lot from California to New York. Your defense by your experienced DUI Attorney, could determine your consequences. Your DUI Attorney can also explain the impact of further DUI convictions by the police department. An experienced DUI Attorney knows how the Los Angeles court works and may be able to help obtain a minimum sentence in your case. A local DUI Attorney in Los Angeles County will know personnel in the police department, court and other attorneys involved and what argument may work best with the Los Angeles court and police authorities.

Keep in mind that the DUI Attorney will probably inform you that the legal limit for blood alcohol level is .08% in Los Angeles, California, as well as every other state. The punishment for breaking this law could be more severe if the police testify that you had a higher level of blood alcohol. Also, your DUI Attorney will inform you there are special laws for underage drunk driving. A DUI Attorney Los Angeles can give you the law information you need about your “drunk driving” case.

A lot of DUI Attorney offices deal exclusively with DUI cases and so they know the different areas of the process backwards and forwards and can inform you of various law options that may be available to you or particular to Los Angeles, California. Your DUI Attorney can tell you details about your case that a regular public defender may not. A DUI Attorney can also take care of law paperwork, making phone calls to the court, or talking to the police department, for you.

Should you hire a DUI Attorney to help you? Definitely hire a DUI Attorney if you have had a previous DUI conviction in court. If live in Los Angeles and have a professional driving career, are facing jail time, don’t understand your rights under Los Angeles, California DUI laws, or if you really feel your case warrants a DUI Attorney then search for the best DUI Attorney you can find to handle your case and put your mind at ease. When in doubt, a DUI Attorney will be more experienced at dealing with the Los Angeles police department and court system and assure the best outcome for your case. Are You in Need of a DUI Attorney?

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The Basics About A DUI

Friday, November 19th, 2010

When it comes to a DUI or driving under the influence of drugs or alcohol there are a lot of things that you have to be aware of and things that you must consider. Since this is considered to be such a serious offense it is important to understand the punishments and the charges themselves. There are some main facts that you should be aware of.

If you are pulled over while driving and suspected of being under the influence there are a number of things that need to be done to prove that this is truly the case and that you are impaired to a point where you should not be driving. Keep in mind that there must be some type of blood alcohol test or it is not going to be valid and that you have a legal limit that is dependent upon the state that you were pulled over in. There is also a field sobriety test that could end up really hurting or helping you depending on how you do.

The thing that is most confusing is that your functions have to be impaired for the arrest. However there is a chance that you might have a higher blood alcohol content and still be able to function or you might have a lower content and not be able to function. These are both things to consider before willing submitting to either of these.

You should be aware of your right to request a blood test. A blood test is the most accurate test and you have the right but are often times not informed of that right. So make sure that you request to use your right if you really want to be able to make sure that you are getting the most accurate results in the tests.

One of the first consequences that you will suffer is a suspension of your drivers license. Keep in mind that there is not really going to be a chance for you to drive while you are awaiting your trial. In some circumstances you will be able to actually use a hardship license.

This means that you would be able to drive to places like work, medical doctor appointments, school, and even activities for your children. You will not be able to drive to other events or places though so you would have to remember this and keep it in mind. By doing so you are going to be able to make sure that things that have to get done can still get done but you could get in even more trouble if you were to drive other places that were not approved.

Now you are probably already aware that consequences are going to be steep if you have been convicted of driving while under the influence. You could be ordered to do a number of things including paying a fine, performing community service, going to jail, or going to rehabilitation. There are a number of things that are going to be factored into your personal sentencing.

Do remember if you find yourself charged with a DUI that you should find a good attorney. You are going to want to be able to make sure that you are protected and that you have someone to make sure that you are granted all of your rights. This is very important for a number of reasons.

Searching for Dui Attorney San Bernardino? Get instant DUI legal advice by visiting duiprofessor.com. The DUI Professor’s extensive knowledge in the field of criminal procedure, with an emphasis on unreasonable searches and seizures and due process, provides her with the unique skill-set to fiercely defend her clients’ rights.


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What To Know About Court Reporting

Thursday, June 17th, 2010

Court reporting is an important job. The legal system needs someone to record the legal processes that go on with trials. This done with short handed typing that is used to record so that no words are missed when he or she is typing. The other kind is a voice recorder that types everything that is said from the lawyers, witnesses and others in the courtroom during the time of the trial.

Becoming a court reporter is not necessarily that easy. This person is required to take up to two years of school and get the degree of an associate before he or she will be qualified. This degree uses the same classes as any other undergraduate degree. The student is still required to take basic classes in math, science, history and quite a bit of English.

Being successful at voice recognition after learning how to do it will be a necessary ability for the students of court reporting. The voice writing is so very technical that 3-4 hours are needed to be spent on completing homework a night. To be successful in using the short hand the candidate will need to go to school for two to four years at least to know enough about the craft.

Despite having a degree, there could still be real time experience necessary before a court reporter is actually hired for the job. Even after they complete the training while under an apprentice they are still going to need to practice their skills. The reporters will still need to attend classes to keep up with their skills.

Lightning speed typing is required for these court reporters. Over two hundred words a minute are required by these two companies for their members. One companies says that 225 words a minute is the minimum while the other says 250 words is acceptable. The company with the higher words per minute makes its members type exactly what is mentioned in the courtroom. They are given a large responsibility in the courtroom so they need to be able to prove they are up to that task by recording everything that is mentioned.

Reporting as as freelance is what many have chosen to do. There is a lot of work that is done outside of the courtroom because of the abilities they have. These trancriptionists can type for services at churches or broadcasts. They are willing to help the deaf by typing what is said on the TV for the networks. Journalism is a draw for these people as well due to the skill set they possess. Lots of different things need both fast typing and great listening ability.

An annual salary of thirty to sixty thousand is possible for a court reporter. More money can be made by a recent program that has been made for these trancriptionists. Witnesses can purchase the work of the reporter for more research should be needed. This will provide residual income for typists. They can continue to make money even after they are done with a case.

There is much reason for court reporting. Writing down the courtroom goings on is good so something can be accessed and read later. The court system is able to be more organized if documents are needed to be examined again for evidence. The courts would be lost without these people doing work. This job does not have an end anytime soon.

Finding the best litigation support services is crucial to succeeding in the legal community. From real-time reporting to streaming live videos, our superior court reporter services provide documentation, information, and consultation to all clients.


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The Paralegal Earns A Good Income

Sunday, May 9th, 2010

Working as a paralegal is challenging. But you can also make a good income. You will need to get a certificate to be hired as a paralegal. You need to attend at least a community college where you can get an associates degree. This is a two year degree program.

You will have to study mainly legal courses like how to do legal research. You will take the basics in legal case briefing. The study also includes the law office management basics. You have to know how to do legal research on the computer. And of course you will need all the basic computer skills needed for any office work.

You will have to learn legal research online. These days most legal research is not at the law library the way it used to be. Instead you have to know how to do online research fast and effective. The best thing to do when you enter any program is to find a job in a law office even if you simply answer the phone.

You want to find out what it is like to work in a law office in any capacity. When you first find work as a paralegal you will not make much per hour. But this is a start. As you gain experience you will be able to ask for more money. You will be able to work your way up the pay scale as a Port hope paralegal.

Making yourself valuable is the key to this job. If you are valuable to your lawyer you will naturally make more money. You will find that lawyers rely on their paralegals to a great extent. The better you are the more they can rely on you and the more money you will make.

You can choose the area of law you want to specialize in. If you choose to go for litigation work you can expect more money but you can also expect more demands and more pressure. You must be sure to have everything in place for the trial and this will take a lot of work and a lot detailed double checking.

If you make a mistake it might cost the whole trial. But if you help win you will share in the victory. You can even find work in the government. But this is tough work to get because of all the competition. But you might have the right experience and the right contacts so do not be discouraged if this is the work you want.

Lawyers are not easy to work for. They have big egos and believe they are never wrong, even when they are issued Port hope speeding tickets. They might blame you even if it was not your fault that something went wrong. But if you can take this type of pressure then this might be the career for you. Contact your local community college for more information today. The sooner you look into the program the sooner you will be able to start working. There will always be a demand for the paralegal because there is not shortage of lawyers in the world and they all need help.

Has a police officer given you a speeding ticket or traffic ticket? If so, then fight it with Port hope paralegal and legal professionals. Speeding and Port hope traffic tickets are fought regularly all over Eastern Ontario.


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What Does It Take To Be A Medical Expert Witness

Thursday, March 18th, 2010

What does it take to be a medical expert witness depends on what sort of trial it is and what state you are in. The qualifications necessary differ from state to state and sometimes from county to county. If you are looking to be an expert witness of any kind it is a good idea to check with your local and state qualifications. There are different things necessary for each specialty. The first thing you will need is a medical degree of some sort to become an expert medical witness. Also it is good to have knowledge of the case or the facts of the case.

If you want to find out the qualifications for your state or county you will need to speak with the prosecutors office and they should be able to tell you. You should have some medical knowledge and a medical degree of some sort in order to be a medical expert. This generally involves at least four years of school if not eight years and a residency. Any specialization can be a medical witness depending on the case that you are looking at.

Most times lawyers will pick experts within the field that they are looking at. If the person was poisoned a gastroenterologist or another type of expert on ingestion or poisons. Those that have superior qualifications in their field also make excellent expert witnesses. Authors or award winning doctors are usually picked first. Sometimes knowledge of the community surpasses other qualifications.

As a medical expert witness, you might need knowledge of the case. You might have been a doctor or evaluator of a person in the case or you might have some knowledge of the evidence. It is not unusual for the courts to hear medical expert testimony from the psychologist or psychiatrist of the victim, defendant, or plaintiff. Sometimes even a family doctor will testify depending on the case. ER doctors might be considered expert witnesses depending on the circumstances.

Case knowledge is sometimes a requirement because the expert witness needs to prove something is correct. Some of the belong to companies that provide expert witnesses just for trials and court proceedings. These companies are a guarantee that their witness is an expert and has first hand knowledge of the subject.

Anyone who has extraordinary knowledge of the subject or circumstances surrounding the case can be considered an witness. An expert witness is one that has the training, education, or experience can testify on behalf of any party in a case.

Many other professionals can be expert witnesses but to be a medical expert you have to be a medical professional and medically trained. Other medical experts aside from doctors are nurses, physicians, radiologist, corners, medical examiners, and other health professionals. These all can be considered medical expert witnesses.

If you are in doubt as to what does it take to be a medical expert witness check with your local court house. They have different qualifications depending on the case involved. An expert witness should of course be an expert in their field. It is unlikely that anyone who is not qualified would be accepted by the attorneys or the judge.

The testimony of a medical expert witness can potentially influence the outcome of a court trial. Since 1978, our board certified medical expert witness team has provided consultation and testimony services across North America.


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