A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Tag: law
At trial, technical rules dictate what evidence is admissible and what evidence is not. Not only does this require lawyers to do a lot of work before trial to make sure their evidence is admitted, but it could baffle some people about why some great evidence wasn’t included.
Read MoreThe things that motivate some people to litigate are not always the things that the law is intended to fix. The law is set up to provide judgments to plaintiffs that allow them to collect assets from defendants pursuant to specific legal theories. Often, people just want to sue because something bad happened to them, regardless of whether a legal theory attaches liability to a particular defendant, regardless of the cost of the suit compared to the amount of financial damage, and regardless of whether that defendant has enough available assets to pay.
Read MoreIn the Bahamas, it is not difficult for litigants to attend court proceedings remotely if they cannot travel to the island where the hearing is taking place. Further, the Supreme Court has permanent judges and registries on both New Providence and Grand Bahama. The country includes over 700 islands.
Read MoreThere are several reasons why parties may choose arbitration over litigation. One reason is efficiency: arbitrations tend to move faster than court proceedings. This is because arbitrators often have lighter caseloads than judges and because they have the flexibility to skip various formalities. Also arbitration usually does not permit appeals, which saves the parties the costs of an appeal.
Read MoreEven though these issues are complex and are debated by experts, ultimately a malpractice claim may have a lay judge or jury that decides the facts. A judge or jury with no expert training at all may weigh the evidence and the credibility and reliability of the experts and decide whom to believe on professional standards and whether the defendant violated them. This is, understandably, an unpredictable process, which is why many cases have pressure to settle before trial. Judges, however, may dismiss malpractice claims before trial on summary judgment if in their opinion, the plaintiff has not offered sufficient evidence. Judges are experts in law, but they can’t be experts in every field. The outcome is unpredictable.
Read MoreThe British Virgin Islands is an Overseas Territory of the UK, but is not ‘part’ of the UK. Each Overseas Territory is its own jurisdiction but is not a sovereign state. The BVI court system is very similar to the UK system. The BVI is part of the Eastern Caribbean Supreme Court (ECSC) – which acts as the court for nine English Common Law jurisdictions and territories in the Eastern Caribbean. Each of the nine has its own High Court registry with in the ECSC, and appeals go to the ECSC of Appeal – which sits in the BVI three times a year (and more often if required). There is a final appeal to the Privy Council in London – the Privy Council comprises members of the UK final court of appeal.
Read MoreSometimes during cross-examination, things don’t go as planned. The witness may give a bad answer or the judge may cut off a line of questioning even though the lawyer really wanted to continue it. In those events, a lawyer is usually best served by remaining calm. Acting like these are huge losses may communicate to others that even the lawyer thinks their case is in bad shape. And while those losses are scary in the moment, a trial often has numerous opportunities for each side to make its case.
Read MoreJudges can strictly enforce rules, even if it means treating service as proper when the defendant did not physically receive the summons. If a defendant does not update her address in public records, it is possible she may not be able to say that service on an old address was insufficient. And if a defendant does not pay attention to the documents delivered to her home or office, her lack of diligence is no excuse.
Read MoreMost of the time I have seen courtrooms with full audiences are when a judge convenes a hearing for the same time (or close to the same time) as other hearings. As a result, many people are in the audience since they are waiting for their own case to be called. It can be smart to come early to see how the judge conducts business in other cases to help prepare to argue before the judge in your own case.
Read MoreGuatemala is known for its natural beauty, architecture, and strategic position withing Latin America, which led to the current development of its Interoceanic Corridor. While its tropical climate is one of its great attractions for many, the Guatemalan legal system shares the strengths and weaknesses of most of Latin America.
Read MoreThe distinction between “representations” and “warranties” may be academic, as they both are promises about the truth of certain facts, but generally a representation is a promise about the present, and a warranty is a promise about the future. For example, a product seller may represent that they are not aware of any defects in a product, but they may warrant that, if defects are found, the seller will repair or replace the product in the future.
Read MoreDepositions instead are usually dull. If you're not asking or answering the questions, it can be easy to nod off. So to make movies of them necessarily requires some dramatic license.
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