Your search returned over 400 essays for "litigation"
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Civil Litigation And Criminal Litigation

- Civil Litigation vs Criminal Litigation There are differences between civil and criminal litigation. Civil litigation is a lawsuit that seeks reimbursement of monetary damages or equitable relief for harm caused to an individual or group. Criminal litigation occurs when there is an injustice against the “people of the State”. The Government files against a defendant who is alleged to have committed a crime. There are some situations where a case can have both civil and criminal litigation for example in a kidnapping or assault and battery where both a law is broken causing a criminal case and the victim may pursue relief for damages or injury with a civil case....   [tags: Jury, Criminal law, Jury trial, Prosecutor]

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Features of The Litigation and Mediation Process

- There are various features of both the litigation and mediation processes, each affecting the parties to a dispute. Determining these effects depends on the process, what approach is taken by the third parties, the role of the third party, the subject of the disputes and the binding nature of the final outcome. The objectives of each process also play a vital role in determining the impact that is felt by parties. There are a multitude of features of litigation which have a variety of effects on the parties of a dispute....   [tags: adversary system, opposing parties]

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The Prison Litigation Reform Act

- Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups....   [tags: Criminal justice, Prison, Punishment, Crime]

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Litigation of R. v. Buhay

- The litigation of R. v. Buhay is a case where the Charter of rights and freedoms was violated by the policing parties but maintained and performed by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began to distract the security guards while his friend placed a duffel bag in the locker they had rented. After they left, the security guards were so engrossed by the smell coming from the locker that they unlocked it to find a sleeping bag full of marijuana in the duffel bag....   [tags: Rights, Freedoms, Supreme Court of Canada]

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Criminal Law And Litigation Strategies

- When interviewing Matthew Alan Radefeld a partner at Frank Juengel and Radefeld, it was very clear that education is essential in this career. He stressed the importance of completing college and maintain a high GPA. Then, after conducting further research, to become a criminal lawyer one must complete an undergraduate degree from a 4-year university or college. Potential criminal lawyers may benefit from courses such as government, history, economics, public speaking and sociology but these aren’t required seeing how most 4-year institutions offer a pre law major....   [tags: Law, Criminal justice, Lawyer, Legal education]

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Risk Management: Avoiding Litigation

- Avoiding Litigation Litigations take place when a wrongful act occurs or when a contract is breached (Mayer et al., n.d.). Avoiding litigation is important when it comes to businesses and in some cases litigation or a contract breach may be unavoidable. Steps in avoiding any legal issues and avoiding a lengthy and costly case are in the continued training and education of employees and management (Joint Commission n.d.). Avoiding being sued is costly in itself, hospitals implement systems and rules to avoid litigation and avoid going to court....   [tags: court, negligence, alternative dispute resolution]

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Attitude, Legislation, And Litigation

- Attitude, Legislation, and Litigation “Education is like the most powerful weapon we can use to change the world.” – Nelson Mandela. Mandela was correct with this statement. Education is the most powerful weapon society can use to change the world. Society installs in kids’ minds that one can be whatever one sets it too. One could become a doctor if one try hard enough or one could become an astronaut. The only problem with this is the kids with disabilities do not have someone to encourage them to become one of these, instead a lot of them feel like a burden on society....   [tags: Disability]

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Corporate Litigation

- Introduction The law as we know it has evolved over the years it has existed amongst the human race. Man despite his so called civility has found himself indebted of the same civility amongst each other that without the law, they would be turned into beasts than people. This paper will go into elaborate details of how litigation has become an integral part of man’s life and even though been termed to be an ass, how law has evolved to be greatest campaigner for civility. Corporations The law has in its domain two types of persons; private persons and corporates....   [tags: Business Management ]

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Medical Malpractice Litigation Issues: Is There A Solution?

- Medical Malpractice Litigation Issues: Is There A Solution. Healthcare law is constantly growing daily now more than ever before. We are seeing an increase in health policies with the Affordable Care Act, which in turn are calling for a great number of health lawyers to support, dictate, enforce, and control this new legislation. The rate that this is unfolding is exponential and is truly a growing aspect of our society today. Personally, this is my main interest and the opportunity and growth for law in the healthcare system is what drives me daily to keep me interested in all the new happenings and emerging issues....   [tags: healthcare law, affordable care act]

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Pro se Litigation Needs to be Outlawed

- Self-litigants have been violating their United States constitutional rights, since the existence of the US court system. Pro se needs to be outlawed in the United States of America because of legal, social, economic, and moral reasons displayed by the cases of Iowa v. Tovar, Kearns v. Ford Motor Company, and Indiana v. Edwards. United States citizens should be aware of the legal and social aspects of pro se because it will bring to light this constitutional flaw, economic problem, and moral and social strain that affects all of these citizens....   [tags: pro se, legal claims, litigant, court]

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Civil Litigation Is The Area Of Law That Interests Me Most

- Civil litigation is the area of law that interests me most. In civil litigation, there are two opposing sides to each case: the plaintiff, or the individual bringing the case, and the defendant, or the individual or other entity, such as a business, defending themselves against the plaintiffs allegations. If I were working as a paralegal on a case, I would much prefer to be employed on the defendant 's side for several reasons. First, defense lawyers generally work under conditions that allow for them to bill for their employment by the hour and work an average of 1800 hours per year....   [tags: Lawyer, Law, Law firm, Legal professions]

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Who Bears the Burden of Proof in Tax Litigation

- Involved in federal civil tax litigation. Wondering who has the burden of proof in litigation. Burden of proof is the responsibility to prove the entries, deductions, or statements made on a taxpayer’s return. In order to deduct certain expenses they are substantiated by proof. When the burden of proof is on the taxpayer, the taxpayer keeps adequate records to prove their expenses or has sufficient evidence to support statements. Generally, documented evidence such as receipts, canceled checks, or bills is used to support expenses....   [tags: federal, civil, taxpayer, law, proof]

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Arbitration Clauses and Litigation

- Arbitration Clauses and Litigation More and more companies are including arbitrational clauses in their contracts. Whether it is in an employee application or an online selling website, arbitrational clauses are becoming abundant. But do these clauses hold up in the legal system. In the recent Paypal Corporation case, the arbitration clause was not enforced due to miniscule details such as clicking a mouse. The overruling of these clauses is becoming the norm as people are beginning to realize what they have gotten themselves into....   [tags: Business Law Essays]

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Litigation Explosion

- Litigation Explosion or Epidemic of Injuries In the articles written by Richard L. Abel and Peter W. Huber both have valid arguments with extremely different viewpoints on the litigation process. Peter W. Huber feels there is too much litigation in our country to where it cripples our society to become more successful. Huber feels there is less encouragement for citizens to take matters in their own hands and take responsibility for their actions. With a rather different perspective Richard L....   [tags: essays research papers]

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Tobacco Litigation

- THE BATTLE OF MINNESOTA Document Discovery In The 1997 Minnesota Tobacco Litigation . I. INTRODUCTION Although any legal observer would tell you the prospect long loomed on the horizon, on July 14, 2000, when a Florida jury handed down a judgment of $144.8 billion dollars against the seven major tobacco companies , the mental shock of hearing such a figure was still staggering. It remains unclear as of this writing exactly how much of this massive verdict will ever be collected by the plaintiffs - a behemoth class of Florida smokers - injured by the products marketed, manufactured and sold by the defendants....   [tags: essays research papers]

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Cigarette Litigation

- Cigarette Litigation In August 1970 a leading tobacco defense attorney, David R. Hardy, wrote a confidential letter warning that indiscreet comments by industry scientists, including references to biologically active components of cigarette smoke and the search for a safer cigarette, constitute a real threat to the continued success in the defense of smoking and health litigation. The actual knowledge on the part of the defendant that smoking is generally dangerous to health, that certain ingredients are dangerous to health and should be removed, or that smoking causes a particular disease....   [tags: essays research papers fc]

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Civil Litigation Process For Sexual Harassment

- Civil Litigation Process For Sexual Harassment Prompt: You are in charge of the human resources division of a large software development company. One of your responsibilities is to work with the company's retained law firm on suits against the company by present and former employees. A former employee has just filed suit against the company and one of its supervisor's for sexual harassment. The citation has been served upon the authorized agent for the company today. You have also been advised today that you are going to be promoted to senior vice president in charge of software development and that the new human resources director has little experience with matters related to civil litigat...   [tags: Sexual Harassment In The Workplace]

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Benefits Of Mediation Through Litigation Within Interstate Water Disputes

- A. Advantages of Mediation Mediation can provide significant advantages over litigation in interstate water disputes. Mediators can be invaluable in resolving disputes. For example, meditators can assist by setting reasonable deadlines, sidestepping aggressive tactics, and finding creative solutions for states to consider. Mediation also involves creating win-win situations, where all states can expect to benefit more than they would in litigation. In addition, water cases involve complex issues, and mediators can help manage those complexities and keep the process moving forward....   [tags: Dispute resolution, Mediation]

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The Role Of Judiciary And Sustainable Development : Public Interest Environmental Litigation

- ROLE OF JUDICIARY IN SUSTAINABLE DEVELOPMENT: PUBLIC INTEREST ENVIRONMENTAL LITIGATION IN PAKISTAN Environmental law is a fairly recent area of study and has evolved mostly over the last half century or so. One aspect of environmental law becoming increasingly important is the law relating to sustainable development; however it has not been deeply explored in judicial decisions. Law and policy making bodies, in the national and international arena, have accepted the principles of sustainable development, however they have been reluctant to explain them or mention defined details of the situations of their application and implementation....   [tags: Human rights, Law, Environmental law]

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Legal, Safety and Requlatorly Requirement in the Workplace

- ... County laws .The department of labour in USA is in charge of making and implementing and regulating laws affecting both employer and employee. These laws provide a guidance and manner, in which employees should be paid standard wages, safety and their health, workers compensation benefits and working conditions. They hold key provisions that cover both employer and employee and penalties for not complying with them. Central government enacted laws that govern how employer and employee should relate to each other....   [tags: litigation, laws, environment, legal]

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Treatment of People with Disability Throughout History

- People with disabilities were not always treated fairly. Many changes have occurred to change the way we treat and view others that have different abilities. Laws have been created and amended in an effort to enhance the quality of life of people with disabilities. People’s attitudes towards others with disabilities has changed due to litigation which then led to new laws being past in an effort to treat others as equals. Prior to the 1800’s society had fearful thoughts about people with special needs....   [tags: attitude, legislation, litigation]

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Protect your Business Against the Use of Disputes

- The article on protecting your business against employment litigation is written by Jennifer Lim in Asia magazine (HR Asia) Number 20, 2013 , on page 48. In this article , the author explains the importance of business management to document all employees from particular they enter the business until they leave the company. The author explained that most employers do not realize how important the employee 's personnel file should be saved , accurate and current , until the company was sued by the employee to the issue of staff dissatisfied....   [tags: employment litigation, human resources]

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Arbitration is not an innovation

- A settlement of disputes is not easy process as it seems. Since the time of Ancient Greece and Roman Empire, people had different methods of solution for conflicts. The certain part of them was cruel, barbaric, and inhumane. For instance, George Neilson (1858 – 1923), who is legal historian, explains the origin, meaning, and process of judicial duel in his book. It was a method, in which two parties in dispute had to fight in a single combat. Subsequently, the winner of this fight is declared to be right....   [tags: litigation, court, judicial processes]

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Dispute Resolution Services for Customers

- ... The system helps to carefully review, build consumer trust in the marketplace; offer an expert, cost efficient, meaningful alternative to legal action and it provides a framework for the development of self-regulatory solutions to other emerging issues and public policy concerns (Council of Better Business Bureau, 2011, p. 5). Klein (2009) suggested that The Better Business Bureau was offering report cards to businesses, and a good grade that could differentiate a small firm from its competitors....   [tags: litigation, business, industry, solutions]

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Protecting Foreign Investments

- Most of the foreign investments are protected by investment treaties and if there is any breach, the investor can seek for compensation under international arbitration. The question is whether to which extent does the arbitration provides them solution and which ways or methods they can seek alternative to arbitration. The answers for all these will be discussed in this research analysis step by step considering all the issues and the pros and cons as well, which it will give a meaningful conclusion at the end....   [tags: arbitration, disputes, litigation]

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Business Law

- 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....   [tags: Litigation, Risks, Costs]

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Access to Legal Pathways

- In order to become part of the Judiciary, you must first make your mark as a legal practitioner, which you cannot do unless you are rich, important and well known. Whilewe have seen some improvement in class diversity within the circle of legal practitioners. However it’s easy to say that old habits die hard as, majority of the Judiciary are still white, middle aged, wealthy men. In this essay the different requirement and training necessary to become a member of the Judiciary. Barristers are may be seenby some, as having the higher status of the two profession(Barrister and Solicitor)....   [tags: Class Diversity, Litigation Management]

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Wrongful Conception

- Our culture has a stringent belief that creating new life if a beautiful process which should be cherished. Most often, the birth process is without complications and the results are a healthy active child. In retrospect, many individuals feel that there are circumstances that make it morally wrong to bring a child into the world. This is most often the case when reproduction results in the existence of another human being with a considerably reduced chance at a quality life. To delve even further into the topic, there are individuals that feel they have been morally wronged by the conception in itself....   [tags: Medical Litigation, Medical Negligence]

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Matel's Considerations For a Posisble Toy Recall

- 1. What decisions or actions need to be taken. Take the perspective of the protagonist(s) in the case. As the senior executive team of Mattel received reports that the surface paint on the Sarge Cars toys contained lead in excess of U.S. federal regulations, they were faced with several decisions in the short run and in the long run. Looking at the short run, Mattel must decide on which toys to recall, and how do they deal with the consequences that are common to any product recall such as the damage to Mattel reputation, and the financial damage done in terms of the increased costs and the loss of sales....   [tags: lead, litigations, reputation]

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The Decision to Litigate and the Adversary System

- The Decision to Litigate and the Adversary System The in-class video and lecture identified a number of factors that should be considered when making this decision. They include 1.) Trials are expensive and lengthy. Someone has to pay the costs. 2.) What is the likehood of recovery. 3.) Are the defendants able to satisfy the judgement. 4.) Will a suit impact the relationship between the defendant(s) and 5.) Will harmful publicity or loss of goodwill result. In the movie, the decision to go to trial was based on the attorney’s greed....   [tags: Litigation Adversary System Court Essays]

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The Rights Of The Smallest Minority

- The purpose of law is to protect the rights of the smallest minority that has ever esixted -the individual.1 My grandfather was exposed to asbestos while working in a sawmill. When doctors informed him that his shortness of breath and continuous coughing was due to his exposure to asbestos fibers which lodged in his lungs, there appeared to be no remedy- only doctor bills. As the sole provider for a household of six, my grandfather continued to work. Numerous complaints were made by other employees and the employer continued to deny any wrong doing....   [tags: Law, Lawyer, Plaintiff, Class action]

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Trends in Construction Dispute Resolution

- ... CPR had an effect across the court system, proceedings dropped dramatically. Within two years of the reform, civil litigation overall was down by 37%. Various civil court cost issues have made courts less attractive as the CPR introduced a summary of costs to simplify the costs question. Cost problems include, conditional (no win, no fee) arrangements (introduced in 1995 as a new means of funding litigation) provide for a success fee. However this has spawned satellite litigation to recover winner’s lawyer’s fees....   [tags: determinations, procedures, industry]

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Legal Issues Of Nurses And Medical Malpractice Payments

- Nurses will, sometime during their career, be faced with legal issues. Legal issues in nursing are important because nurses have the legal obligation to respond to the request for care (Muse, 2015). As nurses, we are expected to practice at a high professional standard with the best interest in our patients (Muse, 2015). Failure to exercise at a high level of care can lead to litigation and can result in the loss of a nursing license (Muse, 2015). In nursing, an example that can lead to litigation is malpractice....   [tags: Nursing, Medical malpractice, Registered nurse]

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Different Areas Of Law That Require Practice

- There are many different areas of law that require practice. Perhaps one of the most exciting areas of law is civil litigation. There are many different kinds of litigation that fall under this category. I would love to work in this area oflaw. As a paralegal I would like to work on the defense side because it can be a very rewarding experience. Although a lot of work from paralegals is required to get a case ready for trial, I think that it could be a very exhilarating experience. If I had to choose between working on the plaintiff or defense 's side I would definitely choose the defense....   [tags: Law, Lawyer, Plaintiff, Pleading]

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Alternative Dispute Resolution ( Adr )

- For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Adele is a secretary for her company. As part of her responsibilities, she can write checks for the purchase of office supplies. One week, she is short on cash and may not have enough money to buy groceries for herself and her daughter. She writes a check out to herself, intending only to do this once and reimburse the account....   [tags: Dispute resolution, Mediation]

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The Trayvon Martin Case: ATravesty of Justice

- Racism, known as “the belief that all members of each race possess characteristics, abilities, or qualities specific to that race, especially so as to distinguish it as inferior or superior to another race or races.” (Oxford, 2013) When an individual mentions the word ‘racism’ almost all the time it will be referred to a black individual, not white nor any other race, but black. Over the years racism has repeatedly occurred whether it was said or done; some showed racism by the words they used, while others presented it by the racist acts they committed....   [tags: Legal Issues, Racism, African American]

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The Sarbanes Oxley Act Of 2002

- With increasing frequency; the news is reporting many new fraud investigations and cases. The positive side of these fraud reports shows that people are getting caught. Many times it takes years of fraudulent activity to occur before the individual is caught. Billions of dollars are lost by companies and individuals every year. However; in more recent years, companies and individuals are learning more about how and why fraud occurs. For a company; the Sarbanes-Oxley Act of 2002; has aided in the detection of fraudulent activity (Bumgardner, 2003)....   [tags: Criminal law, Jury, Trial]

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The Voting Wars By Richard Hasen

- In his book, The Voting Wars, Richard Hasen argues that parties involved in election reform issues generally fall into one of two groups: one focused on removing any potential fraudulent votes, and the other focused on expanding voter access so as to not exclude any potential votes. Hasen works to show that most election litigation stems from this dichotomy. With the former camp is usually occupied by conservatives and the latter by progressives (though it really depends on who is winning), Hasen seems to think that the problem is this partisanship in general, and even though statistically he seems to place more blame on Republicans since 2000, Democrats are not spared his accusations....   [tags: Elections, Election, Voting, Voting system]

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The Health Care Crisis

- The cost of insurance has increased dramatically over the past decade, far surpassing the general rate of inflation in most years. Between 1989 and 1996, the average amount an employee had to contribute for family coverage jumped from $935 to $1778. In 1990, American companies spent $177 billion on health benefits for workers and their dependents; that number rose to $252 billion by 1996, or more than double the rate of inflation. Among the cost drivers: an aging population – the number of senior citizens who need health benefits is increasing dramatically every year; medical technology advances – which decreased the death rate; new drugs – expensive and effective, which make us live longer...   [tags: Medical Insurance essays research papers]

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Revisiting Regulation Changing Cases

- Throughout history, there have been numerous litigations that pertain to an individual’s Fourth Amendment rights; however, there are three proceedings that changed the way law enforcement is able to search and seize properties in order for it to be admissible in court. The outcomes of Weeks v. United States, Silverthorne Lumber Company, Inc. v. United States, and Mapp v. Ohio created regulations that gave the American citizens back their Fourth Amendment rights. Before these three lawsuits were tried by the courts, materials seized without a search warrant could be admissible in court....   [tags: amendment rights, laws, courts]

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The Second Direct Effect On Social Change

- The second direct effect that has the most influence on social change is the monetary value awarded to litigants through the expansion of tort law. One of the strongest factors in determining the power of any particular social movement is the ability to create a secure support structure. Epp explains that this is mainly comprised of money, lawyers, and organizations such as the NAACP or the ACLU. One of the key laws that helped activists create a strong support structure was the passage of the Civil Rights Attorneys’ Fees Awards Act....   [tags: Law, Tort, Damages]

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The Pros and Cons of Alternative Dispute Resolution

- This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate....   [tags: Alternative Dispute Resolution Essays]

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Skills of a Forensic Accoutant

- Introduction In this paper you will read about the most important five (5) skills that a forensic accountant needs to possess and evaluate the need for each skill. The presentation includes discussion regarding the relationship between the skill and its application to business operations. The paper describes the role of a forensic accountant within a courtroom environment, the legal responsibility a forensic accountant has while providing service to a business and finally, The paper also presents two (2) cases where forensics accountants have provided vital evidence in a case and summaries of the two cases and the importance of the forensic accountants’role during each case....   [tags: Critical Thinking, Problem Solving]

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Singhania and Partners: Management Success

- Introduction People management is a critical factor for a progressive organization. Singhania and Partners is a law firm that has taken advantage of various openings that the Indian market has provided. This work evaluates the strategy Singhania and Partners has employed in its quest to become India’s preferred law firm. Evaluation of Organization’s Strategy The firm’s formation was strategic with Mr. Ravi Singhania approaching Ms. Manju Mohotra to form a partnership. This approach created diversity because each party had a different background and experience....   [tags: business, indian market]

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The Achievement Gap and Conflict Theory

- Social Theory is multifaceted. It boasts ideals that expound upon society on a grand scale, and theories that dissect the minute actions of individuals that comprise their daily lives. These ranges of theoretical ideals prove beneficial when trying to unravel the complexities of society. Using theory as a framework or a guide, many societal plagues can be examined from the different perspectives that social theory has to offer. This multidimensional approach can be used in the achievement gap debate....   [tags: Sociology, Theories]

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Controversies and Consequences which Arise from Anthropologist being Contracted by a Particular

- When anthropologists’ are involved in native title litigations, ambiguities may arise. In native title cases, anthropologists’ give their expert, objective opinion. This opinion helps determine whether a continuing relationship between an Indigenous group and the land exists. Engaged anthropologists apply their methodology to real world situations, such as native title. The Native Title Act passed in 1993, provides a national system which recognises and protects native title. It recognises that some Indigenous people, who show continuity from their traditional laws and customs, have rights to their land....   [tags: native title, indigenous community,anthropologist]

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1506 words | (4.3 pages) | Preview

Utilizing Jazz as a Model for Sustaining a Successful Business

- Jazz is a form of music that is characterized by improvisation, syncopation, and usually a regular or forceful rhythm. It strives off the ability of musicians to constantly create and add new elements that consistently revolutionize the sound. Business in the 21st century, in a way, does the same thing. It strives off the ability of its employees to consistently create, and innovate the business. In fact, one can use Jazz as model for sustaining a successful business. Jazz music, like most forms of music, is based off the fundamentals and structure of classical music....   [tags: innovation , creating new technologies]

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The Reform And Civil Justice System

- Start taking stance from the beginning. DEFINE REFORMS AND CIVIL JUSTICE SYSTEMS. Refer to two books Civil process is a means provided by the state for individuals to settle disputes amicably with the aid of the justice system. During the 20th century, majority of the people that relied on legal methods to resolve dispute were grossly dissatisfied with the civil procedures involved. Committees were setup to look into the defects and shortcomings on the procedural methods. Among these were The Winn committee, The Cantley Committee, The massive Civil Justice review 1985-1988 among others....   [tags: Dispute resolution, Law, Court, Lawsuit]

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Time Is Money For A Lawyer

- Time is money. For a lawyer, the more time he or she must spend on a case, the less time there is to meet new clients and expand the firm. Many of the duties that a lawyer spends his or her time doing are duties that could be delegated to a paralegal. What is a paralegal exactly is a question that is often asked. A paralegal by definition is “a person qualified by education, experience, training, or work experience who is employed or retained by a lawyer, law office, corporation, government agency, or other entity and who performs specifically delegated substantive legal work, for which a lawyer is responsible (Miller, 2014).” So what exactly does that mean....   [tags: Lawyer, Law, Law firm, Practice of law]

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The Education Of Students With Disabilities

- ow has thinking changed over the years about the education of students with disabilities. Initially, there were no protections or guarantees for education for students with disabilities - Students with disabilities were either completely excluded from mainstream education, or forced into mainstream classes without the supports needed to be successful. After World War I, United States culture began to shift towards becoming more inclusive of people with disabilities as physically and emotionally wounded vets began to return from war....   [tags: Education, Educational psychology, Disability]

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Benefits of Alternative Dispute Resolution

- The purpose of this paper is to discuss what Alternative Dispute Resolution (ADR) is and how it came about, what different types of ADR there is to choose from and how ADR benefits both parties compared to litigation. ADR can quickly resolve almost any minor issue regarding most civil cases family, neighbors, employers, contractors, etc. ADR includes mediation (also known as conciliation), arbitration and settlement conferences. Some of the benefits of ADR include cost, speed, confidentiality, control, cooperative resolution and industry experts....   [tags: ADR]

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Mediation Is A Negotiation Technique

- For approximately 20 years, mediation has been used in varying degrees in Australian courts. Essentially pioneered by Sir Laurence Street AC, KCMG, QC and by The Hon. Trevor Morling QC, a former judge of the Federal Court of Australia. Mediation is a negotiation technique whereby an impartial person, known as a mediator, helps involved parties to distinguish and consider appropriate possibilities and negotiate an agreement to resolve their dispute. It is considered an alternative to court proceedings....   [tags: Dispute resolution, Mediation]

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The Liability And An Injunction Making The Nfl Fund Medical Programs And Health Benefits

- Summary The author examines action taking by former NFL players that requests a declaration of the NFL’s liability and an injunction making the NFL fund medical programs and health benefits. Also, the individual injury complaints that want to individualized financial relief for expenses, income, pain and suffering during their time. The purpose of this article is the multidistrict litigation, captioned in retired NFL players’ concussion injury litigation. Well over 2,000 former players have filed complaints towards the NFL demanding some type of compensation for the neurological impairments that caused traumatic brain injuries....   [tags: Concussion, Traumatic brain injury]

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Nicholas Bala 's Article Controversy Over Couples

- Part IV - Situating the Article in the Broader Literature Nicholas Bala’s article Controversy over Couples in Canada: The Evolution of Marriage and Other Adult Interdependent Relationships addresses the research question of how common law couples should be treated at the end of their relationships in terms of property division compared to the way that formally married couples are treated. Nicholas Bala writes from a liberal framework, where the basic assumptions are that individuals are the primary actors in society and that individuals are all autonomous and rational in the ability to make our own choices....   [tags: Same-sex marriage, Law, Marriage, Appeal]

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The Outcome Of A Financial Analysis Model

- Audit quality is often defined as the probability that auditors will detect and report misstatements or unintentional measurement errors in the financial statements (DeAngelo 1981). This stems from an auditor’s competence and independence, in both how they are perceived and in actuality (Watkins et al 2004). This is of vital importance to analysts because financial statements form the basis of forecast inputs. The outcome of a financial analysis model can only be as accurate as the values used to create said model....   [tags: Audit, Big Four auditors, Auditor's report]

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1338 words | (3.8 pages) | Preview

Case Analysis : Supplier Relationship Management

- A contract is an agreement between two parties under which one party promises to do something for the other in return for compensation (Morris, & Pinto, 2007). In essence, it is an obligation on both parties to fulfil their part of the agreement and operate within the framework of law. The parties involved are the purchaser and the supplier or the sponsor and the vendor. The contract is an essential document that outlines the agreement made by both parties. The contract should contain specific language detailing the requirements of both parties....   [tags: Project management, Contract]

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1267 words | (3.6 pages) | Preview

An Effective Classroom Management Plan

- Implications of Classroom Management There are many things that a teacher must think about when creating their classroom management plan. One of these things involves the legal and ethical implications as they relate to the rights and responsibilities of students, parents, and teachers. I have reviewed several articles related to this subject, and will give a brief overview of each of them as well as tell how they will make a difference in the way that I manage my own classroom. Most of the articles, that I chose, pertain to the lack of parental involvement in their children’s lives which leads to problems that teachers must deal with....   [tags: Educational Issues, teaching]

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1431 words | (4.1 pages) | Preview

Civil Procedure Vs. Criminal Procedure

- Civil Procedure VS. Criminal Procedure: The Breakdown The Civil procedure begins when a person, or persons, feels like they were wronged by another person and seeks an attorney in hopes to resolve the underlying issues between them. This is not the case for criminal procedures. In civil procedures, the attorney and the staff would interview witnesses, perform legal research and then decide if the client has a legitimate reason for litigation. If the attorney does decide that the client has a legitimate cause for action, the attorney and client will then begin the attorney-client relationship starting with a retainer agreement....   [tags: Jury, Supreme Court of the United States]

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978 words | (2.8 pages) | Preview

Alternative Dispute Resolution

- Alternative Dispute Resolution Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR. This submission will identify and define each form of Alternative Dispute Resolution (ADR) including each of the forms advantages and disadvantages. It will also compare and contrast each form of ADR and consider which form or forms would be beneficial to both Eagle Aviation Ltd and Aircraft Ltd Alternative Dispute Resolution or ADR can be defined as “any method of resolving a legal problem without resorting to the legal process” (Darbyshi...   [tags: ADR Business Management Negotiation Essays]

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1442 words | (4.1 pages) | Preview

The Alabama Education Association

- The 11th Circuit Court of Appeals in Atlanta, Alabama on Wednesday February 5th; ruled against an injunction that assured the primary funding source for the Alabama Education Association (AEA). The ruling allows the enforcement of a law passed by Alabama Legislature in 2010. The law bans government employees to arrange an automatic payroll deduction of dues to membership organization that uses the membership fees for political purposes. AEA challenged the law in a federal trial court altercating that the law is in violation of “the free speech and equal protection provisions of the First and Fourteenth amendments of the U.S....   [tags: fed court, appeals, alabama education]

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C. Context Based Learning

- C. CONTEXT-BASED LEARNING Students must understand the context within which law is practiced, the interrelatedness among different legal doctrines, and the interconnection between skills assignments and the lawyering process. As such, context-based learning focuses not merely on specific litigation tasks, but on the role and purpose of these tasks when representing a client in real-time conditions. As one scholar explains, “one cannot effectively envision and reach one 's audience, understand the purpose of a document and its constraints, as required by the process view, unless one understands the discourse community of which one 's audience is a part and the context in which the document...   [tags: Law, Lawyer, Education, Practice of law]

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1141 words | (3.3 pages) | Preview

The Department 's Mission

- The Department’s mission is focused on the end results of the justice system and ensuring that all individuals receive the best service possible as intended under the law. Within the mixture of simple and complex cases, lies the array of technology that supports the goals, missions, and functions carried out by the Team. Discretionary use of these resources by the Team is determined by priority and need of the office and the community. The Team is divided into sections that guide the discretionary use of resources....   [tags: SWOT analysis, Management, Strategic management]

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1478 words | (4.2 pages) | Preview

Maintance and Champerty As Barrister in Hong Kong

- Maintenance and champerty have not been a crime or tort in most of the Commonwealth countries. In Hong Kong, legislation and professional codes of conduct still prohibit such practice. Section 64(1) of the Legal Practitioners Ordinance (Cap 159) prohibits solicitor to take part in contentious proceeding that stipulates for payment only in the event of success in that action, suit or proceeding. Section 4.16 of the Hong Kong Solicitors’ Guide to Professional Conduct refers to the above section as well....   [tags: restriction, argument, protection, funding]

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637 words | (1.8 pages) | Preview

Legal Issues in Emergency Management

- We all know that the people in the United States can be sue-happy; in other words, anyone can sue for almost anything. During an emergency, it is no different. There will be on the spot decisions to be made and they will not always be favorable to the involving parties. Lawsuits will always pop up out of nowhere which is why it is important to have Legal Counsel in Emergency Management. As with anything else, you must always, always cover your butt. Not covering it properly (by legal standards) can present issues of liability due to negligence....   [tags: Attorney, Lawsuit]

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597 words | (1.7 pages) | Preview

Alternate Dispute Resolution

- Alternate Dispute Resolution Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as appose to Litigation. In some counties the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the negotiations of an ADR. In some circumstances ADRs do not settle well and in those instances the involvement of the courts will resolve the remaining disputes....   [tags: Alternate Dispute Resolution]

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1409 words | (4 pages) | Preview

The Shadow University : The Betrayal Of Liberty On America 's Campuses

- In 1998, Professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate published The Shadow University: The Betrayal of Liberty on America’s Campuses. The book discussed how universities are being betrayed from inside and surmises that universities set themselves apart from American society by enforcing their own politically correct view through censorship, double standards, and a judicial system without due process. In 1999, after the response they received from this book, Professor Alan Charles Kors and Harvey Silverglate co-founded Freedom for Individual Rights in Education (“FIRE”)....   [tags: First Amendment to the United States Constitution]

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1454 words | (4.2 pages) | Preview

Legal Counsel For A Group Of U.s. And Cayman Funds

- Vice President - Senior Attorney at Madison Capital Management, LLC 2009 - 2012 (3 years) Legal counsel for a group of U.S. and Cayman funds. Successfully led all legal matters as Lead Legal Counsel to investments and operating companies in the following regulated industries: Oil & Gas; Real Estate (condo development investments, commercial real estate warehousing investments and commercial retail investments); and Alcohol Beverage Production, Winery Direct to Consumer and Wholesale complaince. - Led legal compliance with federal, state and local licensing of heavily regulated operating companies....   [tags: Law, Lawyer, Private equity, Corporation]

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1074 words | (3.1 pages) | Preview

Smith v Ministry of Defence [2013] UKSC 41

- In 2013, the Supreme Court heard the landmark, strikeout case of Smith v Ministry of Defence, which is of great significance; it extends the jurisdiction of the European Convention on Human Rights (ECHR) to military operations outside the UK. The case also exhibits the Court’s adopting of a narrow approach in the interpretation and application of the doctrine of ‘combat immunity’. “In effect, it extends a civilian understanding of duty of care and rights guaranteed by the ECHR to Service personnel in combat”....   [tags: Military Operations, United Kingdom, Supreme Court]

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1221 words | (3.5 pages) | Preview

Malpractice Changed the Treatment of Patients by Doctors

- It is safe to say that in the past 20 years or so, the number of cases in malpractice litigation has increased dramatically. This has had extremely adverse effects on the way doctors choose to treat their patients, the way patients view their doctors, and how society in general views the medical profession. Litigation, it seems, has become the most common response to a bad outcome. This is especially troubling since claims of malpractice generally occur when bad outcomes are combined with "bad feelings." Doctors are therefore pressured into making some sort of defensive decisions in order to protect themselves from lawsuits....   [tags: ligation, medical, insurance]

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3241 words | (9.3 pages) | Preview

Checking the Validity of Patents in India

- India has sound systems in place to check quality of patents .validity of patents can be challenged under: Sec 25(1): Pre grant opposition: Under this section a patent may be opposed by any person anytime after the patent application is published but before its grant. The proceedings under pre-grant opposition are ex-parte . Sec 25(2): Post grant opposition: Under this section “any interested person” may oppose the patent within 1 year of publication of date of grant of patent .The proceedings under post grant opposition are Inter-partees Sec 64: Revocation of patent: Under this section a patent may be revoked any –time during the life of a patent by a person interested....   [tags: petition, infringement, opponent]

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1561 words | (4.5 pages) | Preview

Laws That Effect The Way We Educate

- Laws That Effect the Way We Educate There are a multitude of legal ramifications imposed on local education agencies, known as public schools, which are complex and often difficult to adhere to. Some of these laws are so ambiguous that even the US Supreme Court cannot define them correctly, as indicated by Public Interest Law Center of Philadelphia (n.d.). This often exacerbates the litigation process going on for decades, which exhausts multiple resources and usually end in settlement agreements....   [tags: Special education, Disability]

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1138 words | (3.3 pages) | Preview

Case of United States Versus Microsoft

- Case of United States Versus Microsoft United States versus Microsoft Corporation case was a set of combined civil engagements filed against Microsoft relating to the Sherman Antitrust Act by the Department of Justice. In the case, the Department of Justice purported that Microsoft abused monopoly supremacy on PCs in its control of OS sales and web browser software sales (Lohr& Brinkley, 2001). The conflict evolved around the integration of the internet explorer browser software in Microsoft’s Windows OS; a move that was argued to restrict web browser competitors like Opera and Netscape from accessing the browser market....   [tags: Case Study, solution]

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964 words | (2.8 pages) | Preview

Employment Law Case Presentation and Analysis

- ... Paige could bring a state court lawsuit based on the torts of IIED and invasion of privacy, or a federal court action based on those torts plus hostile work environment under Title VII of the Civil Rights Act of 1964. She could also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) making similar claims under Title VII (Maatman, Jr. & Degroff, 2012), especially hostile work environment. 3) How should Paige approach any legal cause of action, and what is that cause of action....   [tags: legal and ethical issues]

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867 words | (2.5 pages) | Preview

Bowman vs. Fels Court Case Comments

Bowman v Fels [2005] EWCA Civ 226, [2005] 1 WLR 3083 It has been stated that “a person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.” In Bowman v Fels, the courts concluded that this section of the act was not interpreted in a way by which it intended to cover or affect the ordinary conduct of litigation by legal professionals, which was the issue that arose here....   [tags: legal, claim, trail]

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921 words | (2.6 pages) | Preview

Computer Software Protection Act Of 1980

- Computer software is a set of instructions that runs on a computer. It does not consist solely on programming language. Rather, from a technical perspective, software is defined as a program and all of the associated information and materials needed to support its installation, operation, repair, and enhancement. It also includes written programs, procedures, rules, and associated documentation pertaining to the operation of a computer system, which are stored on digital medium. Indeed, because computer software instructs a computer how to perform actions, in the broadest sense, it includes everything that is not hardware....   [tags: Copyright, Intellectual property, Internet]

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1242 words | (3.5 pages) | Preview

Ward V. Texas ( 1942 )

- Ward v. Texas (1942) I. Synopsis William Ward, an African American male, faced accusations of murder in Titus County, Texas. On the 24th of June, 1939 Levi Brown, a seventy-two year old white male, was found murdered in a field of grass. Brown was last seen in a discussion with an African American female and a petitioner. A medical examiner later identified that the death was due to strangulation by the discoloration on Mr. Brown’s neck and the distention of the eyes II. Content of Litigation Plaintiff William Ward admitted after multiple hours of interrogation that he had an altercation with Levi Brown over an unpaid debt....   [tags: United States Constitution]

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1219 words | (3.5 pages) | Preview

Municipal Code Ordinances And Zoning Laws

- On Monday August 8, I began my day by checking in on hold open cases. I went through a file of hold opens and picked out those that have ended and emailed the police department to find out if the defendants have picked up any new violations or field warnings. After this, I met with Liz to discuss a writing assignment that she and Kathleen have complied for me to work on for the rest of my internship. For the assignment, I will pretend to be a legal associate and compile a memorandum in response to the following question: What authority does the City have to regulate the placement of utility poles by private companies in municipal right-of-way given the state law changes....   [tags: Police, Constable, Law, Police officer]

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1134 words | (3.2 pages) | Preview

Questions On Munchausen Syndrome By Proxy

- When dealing with valuable assets, erring on the side of caution is always a good thing. When the asset is as valuable as a child and their education, it is the job of all stakeholders to err on the side of caution and do no harm in accessing strengths and addressing needs in order to maximize potential. Approaching with caution may not necessarily mean directly interacting with a student; it could come in the form of supporting someone close to the student, but the result would directly benefit the student....   [tags: Individuals with Disabilities Education Act]

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811 words | (2.3 pages) | Preview

Dispute Resolution Innovations

- Dispute Resolution Innovations Introduction This paper will discuss innovative alternative dispute resolutions and how they may be used in a controversial conflict scenario. The writer will discuss these methods using an actual conflict scenario, describing how individuals involved in the conflict will benefit from these innovative methods rather than costly courtroom litigation. Alternative dispute resolutions are clearly the most beneficial conflict solution regardless of gender, cultural influence, and identity....   [tags: Psychology]

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1097 words | (3.1 pages) | Preview

The Paralegal Profession

- My major is Paralegal Studies and I expect to graduate with an Associates of Arts degree in December of this year. Many years ago, as an investigator for both a private company and a county agency, I was introduced to the legal field. Recently, I was awarded the opportunity to attend college, so I decided I wanted to reenter the legal profession as a paralegal. The paralegal profession appeals to me, because I enjoy the processes of developing a case, as well as its legal aspects. A paralegal is involved in a case from the beginning to the end; from the initial client interview to assisting the attorney during the client’s trial or the settlement process....   [tags: Career, College, Internship]

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1465 words | (4.2 pages) | Preview

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