Running Head: THE PRESUMPTION OF INNOCENCE OF THE DEFENDANT. Name: College: Course: Tutor: Date: Introduction Presumption of innocence is awarded to the defendant in any court proceedings‚ as stated in the due process clause of the fifth and fourteenth Amendment. The principle dictates that each and every person is assumed innocent until proven otherwise. This principle is considered in many countries and it becomes the responsibility of the prosecution to prove that the defendant is guilty
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Nontraditional and Traditional Litigation Felicia Cobbs Law 531 Business Law Professor Herndon October 17‚ 2011 Nontraditional and Traditional Litigation “Litigation is the bringing‚ maintaining‚ and defense of a lawsuit” (Cheeseman‚ 2010). There are two forms of litigation: traditional and nontraditional. The pretrial process is divided into pleadings‚ discovery‚ dismissals and pretrial judgments‚ and settlement conference. This is followed by the trial proceedings and appeals‚ if applicable
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Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
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Notice A notice of meeting contains details of the meeting such as the date‚ time‚ place‚ purpose and general natural of the meeting. It is usually prepared by the secretary and circulated to the relevant people in advance. No notice require for public meeting and no common law state about that while notice of private meeting required given to every member who is entitled to attend and vote in the meeting. Every organization would need to set out in its rules such requirements that must be complied
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Caroline Cook Period 4 In the congressional committee system‚ committees are divided by specialization. This means that members of Congress in those committees will be experts on the specific policy; such as agriculture and transportation. These committees are divided into even smaller subcommittees‚ which increases specialization. Specialization allows for more attention to be made over legislation. It will often take longer for bills to make it out of the committees because they are scrutinized
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Dropped medical malpractice claims: their surprising frequency‚ apparent causes and potential remedies. The articles states that not all malpractice claims eventually get to trial and this is not because the cases are frivolous in nature. The rate at which claims are “dropped”‚ abandoned‚ adjudicated or withdrawn has been found to be quite alarming and costly. From the article‚ we understand that some claims are dropped because of the long process it goes through before getting to trial of which
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“Conflict Between Law and Morality” * Aakriti Pandey Student of RMLNLU‚ Lucknow Introduction In ancient times there was no distinction between law & morals. The Hindu jurist in ancient India did not make any distinction between law & morals. However‚ later on‚ some distinction came to be made in actual practice. The Mimansa made a distinction between obligatory and recommendatory rules. By the time the commentaries were written‚ the distinction was clearly established in theory also
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Mareva acts in personam‚ therefore would act against Mrs Tinkler - not the trust. * Bushan Steel [96] UCPR 25.14 (which was introduced in the court on 5 June 2006) is similar in terms to Federal Court Rule‚ Order 25A‚ r 5‚ (which came into operation on 1 August 1979). [97] I have not been referred to any cases that have directly considered the questions raised in this case in respect of UCPR 25.14. [98] The approach adopted by judges in the Federal Court to identical or substantially identical
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Case Brief A.4 GNAZZO v. G.D. SEARLE & CO. 973 F.2d 136 (1992) U.S. Court of Appeals‚ Second Circuit Pierce‚ Circuit Judge Facts: On November 11‚ 1974‚ Gnazzo had an intrauterine device (IUD) inserted in her uterus for contraceptive purposes. The IUD was developed‚ marketed and sold by G.D. Searle & Co. (Searle). When Gnazzo’s deposition was taken‚ she stated that her doctor had informed her that “the insertion would hurt‚ but not for long‚” and that she “would have uncomfortable and probably
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Bonnie Wittenburg‚ Plaintiff‚ v. American Express Financial Advisors‚ Inc.‚ Defendant. Civ. No. 04-922 (JNE/SRN) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA FACTS OF THE CASE: In the case of Wittenburg v. American Express Financial Advisors‚ Inc. (AEFA)‚ Bonnie Wittenburg was an employee for AEFA in their Minneapolis office. The plaintiff was hired by the company in November of 1998 at the age of forty-six to serve as an Equity Research Analyst in AEFA’s Equity Investment
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