Essays on Adversarial

The advancement into globalization raises a controversial discussion about political and economic systems. By its nature, globalization implies setting a singular standard in various aspects of society, like politics, economics, technology, regulations, employment, etc. (Tregakis and Brewster, 2006). While convergence towards a common political and economic system is encouraged by structures such as European Union, which weakens trade barriers, the cultural patterns, the timing of industrialization, the nature of the dominant industries, the density of population or the disparity between rich and poor count as factors of divergence (Ashraf and Galor, 2007). As a result, two most common economic ...

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The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

(Student’s Full Name)

Throughout its history as an independent nation, the America has adopted both interventionist and isolationist policies. From its early years, America has largely stayed away from “Old World conflicts” (Office of the Historian par. 1). However, Woodrow Wilson argued for the US intervening in the First World War by mentioning that it would be in the best interest of the country if it became involved in the war since it will help in “maintaining a peaceful world order” (Office of the Historian par. 1). Nevertheless, the negative experiences of the First World War caused many ...

Introduction

Labor relations involve an ongoing relationship between an employer and a union member or groups of employees. Typically, labor relations involve interactions between the management of a company and unions who represent groups of employees. This is a memo to XYZ Company which is facing a union organizing campaign. The memo will be in two parts. The first part will focus on the fundamental elements of unionized workplaces. The second part will discuss how to deal with union-organizing campaigns and what management must and must not do.

Section A: Difference between Union-Free Environment and Unionized Environment

Many employers view unionization as a threat. This is because the simplistic ...

Response to Walter Rumans

As Walter clearly brings out in his comment on comparative judicial systems, there are three major legal or criminal justice systems depending on whether it is civil or common law jurisdiction. These are the adversarial system mainly found in common law countries, the inquisitorial system commonly found in civil law jurisdictions and the popular or mixed system that combines aspects of the latter two. These different legal cultures indicate how our various justice systems work and operate differently. As pointed out, the adversarial system is the most shared and familiar one in which two parties to a legal dispute ...

Introduction

The world of trade and commerce has changed a lot in relation to labour and employee interaction with firms since the 1700s when the concept of work became more advanced. The purpose of this essay is to analyse the concept of employee relations and how it has evolved over the years. In order to attain this end, the following objectives will be explored: A critical evaluation of the concept and theory of employee relations in various forms of organisations – large, indigenous, multinational, private and public entities; An assessment of the concept of employee relations as it evolved in the ...

Reflection

REFLECTION

Negotiation has been defined as the act of discussing or conferring with another with the objective of arriving at an agreement where some interests may be opposed, and some may be shared. Negotiation is a useful way of resolving a disagreement, a conflict, or a problem. The objective of the negotiation is to reach a middle ground where each party is satisfied. However, this is not usually the case. I have been involved in negotiation on various issues in the past. During the negotiations, I employed various tactics. In the past I have employed tactics such as listening ...

Part 1: Prosecutor’s Duty to Report

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

ABSTRACT

The juvenile crime rate has made a significant increase in America as children as young as eight years old are committing violent crimes. The juvenile justice system was first created to keep children out of adult prisons and to rehabilitate the children so that they will become productive non-criminal adults. This system has not been effective. Children are impacted by many factors when faced with decisions in today’s society. They are not as developed and lack the reasoning capability like adults. Thus, new approaches to juvenile justice must be instilled throughout the country in order to prevent more ...

A Critical Commentary of Chapter 2 in the Book Comparative Legal Traditions In A Nut Shell By Mary Ann Glendon, Paolo Wright-Carozza and Colin Picker. Chapter 2 focuses on the legal structures in civil law jurisdictions as opposed to other legal systems. First, the authors consider the parliamentary system of government that exists in civil law jurisdictions. They also provide a clear definition of what a parliamentary government is and what it entails while contrasting it with the presidential system of government. The chapter reveals the close connection that exists between the parliaments relate with the ‘the government’, which ...

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

The adversarial courts and Navajo courts are different in many ways. The Navajo people have courts that involve peacemaking and adequate justice. The Navajo courts offer a system that was set in the cultural setting of the people who make up the Navajo Native Americans. The Peacemaking court system is not considered to be conflicting or problematic. The idea of peace is used to portray the court system and does not consider adversarial attitudes in their court system. This services if offered by the court system for people to contribute peace and resolution. They offer assistance to other court ...

Union Leaders and Organizational Management.

Management and union leadership are two different centers of power that hold significant power over the employees. Changing dynamics that are prevalent in management circles over the years are affected by external and internal factors. According to Booth (1995) primary focus between management and union leaders is different from both sets of leaders have specified objectives that serve various interests to a common population that is within their domain. Therefore, it is expected there will be adversarial relationships between the management and the union as management serves the interest of the company while union is concerned with the benefit ...

Drug courts are courts that oversee the reformation and rehabilitation of non-violent drug offenders (Cole & Gertz, 2012). Under these courts all stakeholders of the criminal justice system work in tandem to ensure that those going through the program are reformed and rehabilitated. The drug courts supervise the treatment program especially through regular review of the offender to ascertain the progress made. The court normally rewards the offender where there is positive progress, and imposes sanctions where the offender has regressed or violated any of the conditions that had been imposed. There are drug courts for adults, juveniles, and ...

Compare and contrast Legal traditions

Common law criminal procedure in Japan majors mainly in national level territorial jurisdiction. It is governed by the principle source of the code of criminal procedure and rule of criminal procedures. In the U.S. the common law criminal procedure plays a major role of set guideline and rule that are to govern multiples of proceedings that would enable the judiciary to enforce the criminal laws. Criminal code on the other hands are used to outline the federal crimes with the help of the federal rule set to to dictate the procedures required to conduct a specific criminal trial (Katz, 2006).

Civil ...

Psychology Questions

PSYCHOLOGY

1.Define prosocial behavior The activity of helping or being of benefit to someone without having a particular goal to achieve rather than just to help. This view mostly on the consequences of such actions.

The act of doing things just to help but not under the obligation to do so. It focuses more on the desire to just help I.e. more of the actions of helping than the consequences of the acations.

Helping behavior

This is the tendency to always show the altrusic activities

2. .Prosocial behavior as inborn

Is believed that prosocial behavior can be transmitted in genes so ...

Governments and international organizations engage in different types of diplomatic strategies on matters pertaining international relations. These include trade, conflict resolution, arts and culture, environment and human rights. The types of diplomatic actions include hostile diplomacy, adversarial diplomacy, coalition diplomacy, and mediation diplomacy. Following are real world diplomacy situations which illustrate the types of diplomacy and policy making governments adopt.

- Solar Panel Tiff

In March 2012, United States imposed duties on Chinese solar panel manufacturers between 2.9% and 4.73% after they found that the companies had benefitted from the subsidies and had dumped their products onto the US ...

An adversarial system is a justice system where parties to a dispute present their case before a neutral or impartial third party, either a judge or jury. Each party gets their turn to present their side of the story; this is done through arguments, evidence and law. During the proceedings, the third party acts as a referee between the two sides. An inquisitorial system on the other hand is where the third party is actively involved in the dispute as the investigator. In such system, the investigation is done by the court and if a claim or offence is established, the court then moves to ...

Every individual is owed to legal rights that the state is mandated to honor. There has to be a balance between the law of the land and individual rights. The due process therefore protects the rights of individuals from the law of the land. The state is expected to follow the exact rule of law when handling individual suspects in order to avoid violating the due process. The bill of rights is incorporated into the due process meaning that persons cannot be dispossessed of their rights to life, liberty, and own property without following the due process.

In order to ...

United States and China

I. Legal System The United States criminal legal system is based on the British Common Law system. Common law refers to those laws that are created and imposed by judges in the absence of specific a specific code or applicable statute defining the law (LaFave, 2000). Accordingly, during the early years of the nation when a judge was faced with a criminal activity that was not covered by a statute, he would use precedent, or refer to the decisions of similar cases, for guidance. Absent statute and precedent, the judge would simple use his best legal, professional and personal judgment to make ...

I. Introduction Comparing the criminal justice system of two or more countries can lead to valuable insight of your home nation as well as the nation(s) used in comparison. This short paper looks at the similarities and differences between the criminal justice systems of France and the United States. The hope is that it will provide a deeper understanding of how civil and common law systems approach the investigation and adjudication of crime. II. Court Structure No criminal justice system could exist without courts. Courts are the main institution involved in the legal settlement of criminal ...

Introduction

Some unions state that organizations do not compensate their workers fairly, or that the working conditions of these organizations are less than desirable. Likewise, some employers state that labor unions interfere with management decision and the relationship between managers and workers. This paper aims at explaining strategies that organizations and unions can implement so that they can create and maintain conducive working environments between them. It is through working together of these two bodies that an organization can effectively accomplish its goals.

The Role of Management in an Organization

Effective management involves employees’ motivation, efficient problem-solving and coming up with efficient ways the organization can utilize ...

Not until I stepped in the Negotiation and Conflict Resolution class did I realise that conflicts, negotiations and therefore their resolutions are everywhere and happen every time in everybody’s life. I had perceived that they only happened in highly profiled talks such as those that involve rebel groups and the government or between ever-worrying states such as Israel and Palestine or America and Iran. I was wrong. I have learnt that so long as there are differences between individuals or groups of people conflicts will be present. As an aspiring diplomat, I had always been wondering about the ...

Trial vs. Plea Bargaining

Trial The oldest and most well-known form of dispute resolution in criminal cases is the jury trial (Kadri, 2005). Certainly, the jury trial is the fundamental dispute resolution mechanism of the American adversarial legal system. In fact, the core principle of the criminal justice system holds that disputes are most effectively resolved when the parties in contention are made responsible for: (1) investigating and gathering their own evidence and (2) presenting their own arguments to a neutral and passive lay decision-maker who decides which party presented the most convincing argument (Kadri, 2005). Furthermore, the entire process is subject to ...

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Defending the Guilty In 1840, Lord William Russell, an English nobleman was murdered. There was strong evidence that his butler, Courvoisier may have perpetrated the crime. Despite the strong circumstantial evidence, the butler maintained his innocence and was duly represented by his lawyer, Charles Phillips. During the court proceedings, Phillips vigorously defended his client as expected. At this point, Phillips would have already known the guilt of his client. In fact, it would be reasonable to believe that Courvoisier might have already admitted his guilt to his lawyer before the later accepted the case. During the course of ...

Legal Representation of Mentally Disabled

In this paperwork, I am going to present an overview of the general rights and protections afforded to the mentally disabled. The paperwork will also consist of some of the main difficulties facing advocates for the mentally disabled (both legal and non-legal advocates). Information on civil commitment standards, right to treatment in the least restrictive setting, prediction of dangerous and incarceration of the mentally disabled will also be included in my discussions. As I go through the paperwork; I will be suggesting for the existence of social change in these areas so as to end up with a more accurate ...

Truth in the U.S. Court System The U.S. has a dual court system comprising of the state and federal court systems. The federal courts usually hear both civil and criminal cases that involve the constitution, treaties, federal laws, and has special jurisdiction with regard to matters relating to federal tax and bankruptcy. State courts on the other hand hear civil and criminal matters concerning state laws as well as state constitutional matters. As far as the structure of the U.S. Court System is concerned, it was to some extent inherited from the English common law system hence it ...

Most significant purpose of any legal system is to punish guilty and defend those who are innocent. There are two common criminal justice trial systems, inquisitional system and adversarial system, that are used to determine whether an alleged person is guilty or not. Both these legal system ensure that guilty should be punished but any innocent person should not suffer in the hands of law however different measures are applied by inquisitional system and adversarial system in this process. Both legal systems are capable in adjudicating disputes irrespective of the fact that both systems have been developed in ...

ABSTRACT

Supply chain management is an emerging concept in the construction industry in UAE. SCM tends to provide the organizations in the construction industry with an opportunity to improve cost and time consumption. Moreover, the effective supply chain management provides the organization with an ability to improve the quality of projects as well as the satisfaction level of the clients by meeting the requirements more accurately and precisely. Although the benefits associated with SCM implementation are quite high in the construction industry but the lack of knowledge and limited perspective of the organization has significantly transformed the benefits into ...

Citation: 372 U.S. 335 (1963) Facts: The defendant in this case, Clarence Earl Gideon, was charged in a Florida trial court with a felony and consequently convicted to a five year jail term. He was alleged to have entered into a Bay Harbor Pool Room in Panama City, Florida with the intent of committing a misdemeanor. When he was taken in court for trial, he requested to be availed an attorney as he could not afford one. However, the Florida court refused him an attorney in accordance with the state law rather stating that only indigent persons facing capital charges were entitled to ...

Final Essay: Meditation and Conflict Management

When legal researcher Erin Brockovich blew the whistle on California utility company PG&E in the early 1990s, the subsequent tortfeasor lawsuit Anderson vs. PG&E, resulting in a $333 million landmark settlement to the plaintiffs in 1993, established a new baseline for damages in respect to environmental violations by a corporation (Girardi & Keese). Analysis of the legal representation of 650 residents in the City of Hinkley, California, by Brockovich’s employer, by law firm Girardi and Keese expiates the limitations of mediation and conflict management leading up to litigation of gross negligence cases. The case alleging defendant corporation, PG&E’s contamination of ...

The term tribunal holds several definitions. It may be likened to a court while others may choose to describe a tribunal as a committee tasked with the role of overseeing particular obligations. Tribunals usually hold powers of adjudication. Two or more countries may deem it important to form tribunals for several reasons. First, international tribunals tend to be independent of the countries that create them. This increases confidence from member countries in the neutrality of the tribunals and consequently their ability to make impartial decisions on matters that affect member countries. When a dispute between two or more countries is settled in one ...

The plaintiff, Mrs. Drake is a trained and qualified teacher of American English. She is a Black American citizen. The first defendant is the Headmaster of Governors Dummer Academy and the second Defendant is the Board Governors of Governor Dummer Academy. The facts were that on the tenth of October 2011, the first Defendant summoned the plaintiff in his office and instructed the plaintiff to explain her reasons for her absence at the work place without permission for three consecutive days starting the 4th of October to the 6th of October of 2011. The plaintiff reported to the headmaster that her ...

Ethics constitutes the heart of organizations’ human resource management function (MacDonald, 2013). Human resource managers strive to address ethical issues in order to enhance smooth flow of organizational operations. Ethics refers to the branch of moral philosophy that deals with separating the right from the wrong to avoid organizational misunderstandings. Human resource management concentrates on business ethics to examine ethical principles and moral problems that arise in business environments (Simpson, 2013). Managers apply ethics to all aspects of the business operation to control the conduct of organizational publics and lead the business towards the right direction. Business ethics comprises ...

Question 1

Collective bargains and labour relations are usually associated with adversarial approaches. However, there are also ways the adversarial approach can be avoided. Normally, there are two opposing sides, each seeking to have its terms accepted in the collective bargains. In other cases, the labour relations are aggressive such as holding demonstrations. However, the compliance and collaboration strategy can be used effectively without causing adversarial impacts. In this case, both parties agree to comply with the terms and conditions of the bargaining process or labour agreements. The parties then collaborate in working towards achieving the collective bargains or improving labour ...

Abstract

Communication is of essence between the parents and the teachers to ensure the student or pupils overall achievement of academic growth and general development of the student. It is therefore essential for every educator to communicate with the parents appropriately about the conduct of the student, as well as other issues to do with the student welfare. Many dramatic scenarios have been reported occurring between parents and teachers. Sometimes parents and teachers do not communicate appropriately because of many reasons among them, parents being too over protective of their children and other times miss understanding or misinterpreting the ...

- Courtroom observation and interviews a. Names of the participants:

Presiding judge name: Thomas J. Qummin

Defendant: Gary Burk, charged for selling illegal drugs Attorney for the defendant: Keeth Colemen b. Date(s) and time(s) of observation(s); 04/18/2013; 02:30pm c. Location of observation and type of jurisdiction; Location: Greeley, CO court. d. Courtroom: 15; Case Number: 12CR2024; e. Facts and activities observed During today’s hearing, the courtroom was silent as the defendant or the accused walks into the court room together with his counsel Keeth Colemen. The state prosecutor arrived thereafter. After a few minutes, the ...

Abstract

This paper assesses the manner in which laws are made/enforced in the UK and Germany, including the identification of similarities and differences. It includes a discussion about the nature of laws in both countries, coupled by a detailed discussion of the law-making processes. The paper holds that Germany’s system encourages collaboration among different agencies, while the federal system allows the individual law enforcement forces to be more robust and efficient. On the other hand, the UK system’s strength lies in the long-established common law system as well as centuries’ old administrative systems (including the crown), which make law-making and ...

Criminal justice systems in Japan

Over the past two decades, the Japanese legal system has been pictured as one of the slowest and ineffective criminal justice systems in all around the world. The system is known to discourage personal cases suing the government or massive commercial enterprises. The system is affected by outdated traditions where criminal cases are perceived as embarrassing. Therefore, most cases are handled traditionally through such methods as negotiations and cases only proceed to court if the parties were unable to reach an agreement. This method is referred to as the comparative justice system. The intent of this thesis is to ...

Introduction

Specialty juvenile courts – specializing in dealing with certain cases involving crimes committed by minors – have increased recently, as judicial systems have sought alternative ways to deal with some juvenile offenders, rather than transfer them to adult courts. This research paper discusses these specialty courts and examines their significance in the judicial system and their effectiveness from the viewpoints of those involved and society as a whole.

The Research

Specialty Courts: Judicial Practice and Legal Principle. That is the title of a journal article by Hewson (2011) published in the Queensland Law Student Review. Hewson described how specialty courts have emerged as part of ...

This article provides astonishing findings about the role that bacteria plays in the health of periodontal disease. This article was written by Zhimin Feng and Aaron Weinberg, and it shows the interaction between the bacteria and human tooth. According to this article, bacteria and eukaryotic cells have a complex in interaction that involves a complex process. This process is meant to allow human beings live in harmony with bacteria that are within them. Periodontal diseases according to the article involve a series of infections on the periodontal tissues. This is a serious condition, and if not treated in early stages it can lead ...

The Australian construction industry has experienced dissatisfaction among the involved stakeholders. The industry has been underperforming due to its low profitability caused by conflicts within. The industry needs improvements now that it has had conflicts in many of the procurement models that help in construction work. The construction industry has been admonished to embrace management concepts that are modern such as partnering and alliancing. Emphasis is mainly placed on stakeholders getting involved in decision making at an early stage. The stakeholders in this case include the contractors, clients, as well as building users. Creating a pro-active project environment, through management ...

Introduction

Criminal justice system is a classification of laws and institutions directed to safeguard citizens and their property by perpetuating social control, preventing and alleviating crime. It verifies whether an action is an offence or not to the community. In Australia, everyone is presumed to be innocent until proven guilty by the law. As such, the law sanctions lawbreakers with criminal penalties and rehabilitation efforts. The fundamental advantage criminal system of justice is that the accused cannot prove their state of innocence and it is the sole purpose of the state, via the prosecutor to determine the guilt (Daly, Israel, & Goldsmith, ...

Introduction

Crime is a problem that persists in every society in spite of the advancements that the society has made socially and economically. The problem of crime is a reason for major concerns for both individuals and governments. For instance a survey carried out in 2008 in the United States of America showed that 50% of the respondents were at one time or another worried that burglars would attack their homes or their cars would be vandalized by criminals. They were also worried that the crime rates in the nation had gone up considerably over the past one year.

The concerns are justified ...

In A Civil Action, the small city of Woburn, Massachusetts is plagued by water contamination that leads to higher instances of leukemia in its children. When one child is diagnosed, the mother, Anne Anderson, investigates this correlation, eventually bringing in a lawyer to deal with the myriad companies who are allegedly responsible for these contaminants. Over the course of the case and the book, these high-powered companies attempt to crush this small, grassroots rebellion against their corporate might, but are thwarted by an increasingly dedicated lawyer and his convictions. In this paper, we will examine a number of subjects related to ...