Lawyers have been around for a long time. Lawyers back then were known as the great speakers of ancient Greece. If you needed a lawyer, you were an individual in your own case and you had to defend it yourself, but a friend or family member would probably be more likely to help speak for you. Around the fourth century, the Greeks got rid of requesting friends to speak for you. Also, another problem that came across was you could not accept any pay for the plea of a case. This law was disregarded in practice, but never abolished, which meant that the worker could never present themselves as legal professionals or experts. They had to keep it quiet that they were just an ordinary citizen helping a friend out for free. These so called “lawyers” were never really organized into a real profession, like modern lawyers today. The ban on the fee charge was abolished by Emperor Claudius who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice themselves in their own time and place. The pay was not very high and wasn’t very much; th...
Historically, the right to counsel was only guaranteed in federal criminal court (Wice, 2005). A person charged with a crime in the state court did not have the right to legal representation. Law scholar Professor Mason Beaney explained this by saying, “only a few states guaranteed the right to appointed counsel…In most jurisdictions counsel was appointed in none but the most serious cases, often only when the crime was punishable by death” (Wice, 2005, p. 3). Many defendants, who were poor, illiterate, and uneducated had to face the justice system without legal assistance (Smith, 2004, p. 579). Los Angeles County started one of the first public defender programs in 1914, spreading slowly to other counties (Neubauer & Fradella, 2011, p. 176). By the 1960’s, less than a dozen states still refused to provide attorneys to defendants unable to afford one (Smith, 2004).
In the 21st century, crimes have been and remains as one of the post-major threats towards
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
Over the years, the practice of law has been left to the regime of a group of people commonly referred to as lawyers. Though the term may vary from place to place or jurisdiction, the same has a general meaning to refer to those who have studied law. Further it is left to the jurisdiction’s discretion to determine how they are to grant one the status of being a lawyer either through education, certification amongst other means that different jurisdictions apply to afford such a status.
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after spending considerable amount of time and money in the complex pre-trial phase, but just in time to avoid the risk of trial. Mediation and commercial arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International Bureau, International Council for Commercial Arbitration, 2005).
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Being injured can be a very stressful thing to deal with, especially if you try to handle everything by yourself. Without the right attorney you will soon find yourself in debt with medical bills, and it will not be easy to pay those bills if you are not able to work in the mean time. For this reason it is best to find a good personal injury attorney that can help you with filing your insurance claims and handling your court case. Personal injury attorneys are also able to assist you in dealing with those outstanding medical bills, and can even help you with medical bills that may accumulate in the future.
* There were two branches of the legal profession - barristers, and attorneys and solicitors. Solicitors usually dealt with landed estates and attorneys advised parties in lawsuits. The two roles combined and the name “solicitor” was adopted (The Law Society). The attorney or solicitor was the general legal adviser and attended to all the paperwork and collected the evidence. He dealt with legal matters on behalf of his client such as the drawing up of wills, trust instruments, marriage contracts, and conveyances of land (Eurolegal Services).
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.
I have chosen to use a criminal defense lawyer as my primary legal career for this discussion board. A criminal defense lawyer, is a lawyer who specializes in defending an individual or a company that has been charged with a crime. Criminal defense lawyers have to deal with many different circumstances. For instance, arrests, criminal charges, investigations, sentencing, appeals, and even post-trial issues. However, a lot of criminal defense lawyers will choose to specialize in a certain type of criminal defense. For instance, drug defense, or even DUI defense. Criminal defense lawyers often have to work out substantive issues in connection with their clients supposed crime. Many times criminal defense lawyers will be helping a client even before charges have been filed against them by
Lawyer – (noun) a person who practices or studies law; an attorney or a counselor.
While many people believe attorneys to be intelligent people who argue it out in a courtroom to find if a man is guilty of a crime or not in a battle of justice, the reality is quite the contrary. A civil litigation attorney, a type of attorney that specializes in civil law, often spends most of his time in a law office working on their cases given to them by a client. A civil attorney’s day often revolves around gathering and writing of a case and settling it in or out of court.
Career as Lawyer or as Solicitor puts a person in a very respectful position in the society. Although the job and duties of this professional have been portrayed as attractive but in reality, they are very intense and hectic, still rewarding. One can gain expertise in many areas in Career as Lawyer. Some of the areas are Bankruptcy, Defense, Fraud, Tax, International, Criminal, Divorce, Social Security etc.