authority to represent the interests of the citizens. Of course‚ this person is not a lawyer‚ but a spokesperson. This authoritative position is has evolved over time to become more than a mere representative. Ombudsmen now a significant aspect of alternative dispute resolution. Ordinarily‚ most ombudsmen are appointed by the government entities or organizations to monitor any type of grievances from the public against the government. However‚ ombudsmen can not initiate legal proceedings‚ but only
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Alternative Dispute Resolution Assignment Ludin E. Bello University of Phoenix Business Law Law 531 Julie A. Gibbons February 09‚ 2009 Alternative Dispute Resolution Assignment Alternative Dispute Resolution (ADR) clauses are established to resolve differences between two parties. ADR clauses can be formal‚ such as a written process‚ or informal‚ such as a verbal agreement between both parties. The purpose of this paper is to provide an appropriate ADR clause that can be use by any learning
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Sentencing Proposal The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what
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Alternative Dispute Resolution (ADR) clause Derrick Johnson LAW/531 - BUSINESS LAW April 25‚ 2010 MICHAEL GREYSON Alternative Dispute Resolution (ADR) clause A Learning Team Charter is a necessary element in managing a successful team. An effective team that aims to accomplish manageable results needs goals‚ communication‚ and conflict management. What the team will go through is a process in management and here is where the team charter will show its value. Without a team charter‚ the
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Keeping speed‚ cost‚ and simplicity all in mind it is obvious that some form of alternative method is called for. Cheeseman (2010) provides several alternatives: Negotiation‚ Arbitration‚ Mediation‚ Conciliation‚ Mini-Trial‚ Fact-Finding‚ and a Judicial Referee. Seeing that ongoing relationships are involved‚ and a speedy resolution is required‚ I chose to use Mediation method for the Learning Team Alternative Dispute Resolution Clause. Mediation requires a neutral and knowledgeable third
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Sentencing is an important aspect in the criminal justice process. It is the punishment defendants receive when they are convicted of a crime. The punishment spectrum is wide and vast‚ ranging from probation to death. Punishment and sentencing present some of the most complex issues of the criminal justice system. There are four main philosophical reasons surrounding the purpose of sentencing; they are retribution‚ deterrence‚ incapacitation and rehabilitation. Retribution is the philosophy
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My theory for the reasoning of punishment has two main goals which are to provide justice for the victims and a lesson to the convicted. When a judge sits in preparation to initiate sentencing they have to go through numerous thought processes because of the uniqueness of every case. Considerations such as what are they trying to accomplish with the punishment and who would benefit from such a sentence. General factors like the age of the convicted and the heinousness of the crime committed matters
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In the murder of Uma Opee Mr. Dents is found guilty in the following elements. The elements are Homicide‚ assault of a police officer‚ kidnapping‚ burglary and crimes related to drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victims nails matched the DNA to Stu Dents. The facts of assault on a police officer was when he punched Officer T. Chur in the face and screamed "Alien". Kidnapping facts are Mr. Dents used rope to tie the victim and
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Alternative Dispute Resolution (ADR) The life span of a court case is usually measured in years and the cost of court cases can be measured in the thousands if not millions of dollars. I order to avoid or lessen the cost and time associated with court cases Alternative Dispute Resolution has been established. The five types of Alternative Dispute Resolution are discussed below. Arbitration Parties using arbitration would choose an impartial to hear and rule on the dispute. This person is called
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are a growing concern. In light of these facts‚ lawmakers need to explore ways of reducing crime that does not involve incarceration‚ but still protects society. What alternatives to incarceration should be considered and why? Changing times require changing laws. Legalization of marijuana for personal use would
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