Prejudice In The Legal System – A Misunderstood Concept

The election of an African-American President was something few people thought would happen in their lifetimes. The reason? Prejudice against people of color. Alas, there is an open prejudice in the legal system as well. The type of prejudice we are talking about in this article, however, is not an offensive version and is often misunderstood.

The legal system, particularly the civil system, is very forgiving in many ways. If a party makes a mistake, the system will often have a built in allowance for them to try again. This can be done through things such as amendments to pleadings and so on. The term prejudice, as noted in the legal system, is a pillar of this process.

What does the legal procedure concept of prejudice mean? It simply is an indicator that something is final or not. A motion that is granted -with prejudice- is a final ruling on that subject and it shall not be raised again. A motion that is granted -without prejudice- is something the impacted party will usually be allowed to try and fix within a set time period. An example helps show how this work.

I sue you for causing a car accident between the two of us. You file a motion to dismiss my complaint on the grounds that I didn’t serve you with the complaint correctly. I argue that I served the lawsuit at your home address and on your wife. You argue that a separation had occurred a week earlier and you know longer lived at that address. Under the laws of your state, the court grants the motion to dismiss but does so without prejudice. This gives me a certain amount of time to serve the lawsuit on you in a proper manner.

Now consider a second case. I sue you for causing me to drive off the road and crash into a tree. I assert that you did this because you are really an alien being who can control the minds of people. You file a motion to dismiss on the grounds that I am completely out of my mind and haven’t stated a legal cause of action. The judge agrees, recognizes the case is nonsense and grants the dismissal with prejudice. I am not barred from amending my complaint or trying again.

These are obviously two extreme examples. That being said, they do bear out the concept of prejudice as it applies to the legal system.

Thomas Ajava is with MelbourneWrongfulDeathAttorney.com – locate a quality Melbourne wrongful death attorney to review your wrongful death case today.

Melissa Sugar Attorney Has Extensive Knowledge in the Legal Field

Melissa Sugar attorney started her career as an assistant State Attorney in Clearwater, Florida. She worked there for about four years and got the best trial experience. Her training gave her the confidence to become one of the most powerful female attorneys in Louisiana. From 1996 to 2002, she worked as an assistant district attorney for Desoto Parish. She successfully prosecuted hundreds of felonies including Capital murder. She sustained a death penalty verdict for a high profile case, State v/s Michael Taylor and State v/s Timothy Taylor. Melissa Sugar attorney was the Chief Assistant District Attorney for Bossier Parish from 2002-2006. She was in charge of all violent crimes and tried about 20 homicides and was successful in each trial. One of her high profile cases was State of La. Vs Jocelyn Dooley. The case gained national media attention and she was extensively interviewed for nationally aired television show called -Snapped-. Melissa Sugar attorney has also been featured several times in SB Magazine’s annual Top Attorney’s Edition.

Melissa Sugar attorney graduated from Ole Miss in 1988. After taking a year off between college and law school, she began law school in 1989 with a full academic scholarship. In the year 1992, she graduated Cum Laude with a 3.4 G.P.A from Thomas M. Cooley Law School with honors on the top 5% of her graduating class. She has been listed in Who’s Who of Law Students and was graduated at number 6 out of 143 students. While attending law school, she was accepted for a clinic program called The Sixty Plus, Inc. Elder Law Clinic, which is a two-term in-house, live client, nationally award-winning clinic providing quality free legal assistance to senior citizens in Michigan. Melissa Sugar attorney was the only student to participate in an extension of the Sixty Plus Inc. Elder Law Clinic and she was asked to remain for a third term of the Medicare Part Three cases for clients and to draft proposed amendments of the Medicare Part C Plan for presentation to the Michigan State Legislation. She was also accepted to attend a semester of law school through the Tulane Law School on the Greek Isles.

Melissa Sugar attorney also supports a number of charitable organizations such as St. Jude’s Cancer Research and the Neo Natal Intensive Care Unit.

Famous Movies About Lawyers And The Legal Process – Law And Entertainment

Movies that feature court drama can always be interesting, especially when danger and intrigue slip into the film. Sometimes though, it is not about any mystery, but instead the story can be a very human one, touching on very sensitive subjects in our society. Some movies based on attorneys and the legal process are actually based on true events and lawsuits that actually took place.

Philadelphia features Tom Hanks as man with AIDS who has been fired from his job due to the condition. It is then up to Denzel Washington as his lawyer to get him adequate compensation in the wrongful dismissal lawsuit. Washingtons character starts out as a stereotype of an ambulance chasing lawyer, but changes as the course of the movie progresses. This is a wonderful movie that points out the reality of discrimination against people with an illness or because of their lifestyle.

Erin Brockovich stars Julia Roberts as a woman named Erin Brockovich who works her way up from being an unemployed single mother to being an influential and successful lawyer. This movie is actually based on the true events that occurred in a small California town. People in the town were suffering from wrongful deaths, illnesses, and other problems due to a nearby companys dumping of waste into the water supply. A class action lawsuit was brought forth, and it was up to Erin Brockovich and the small law firm she worked for to fight against a huge company.

The Firm is a movie that helped regain interest in lawyers and the legal process, based on a book by John Grisham (whose novels did the same in the literary world). The lead character, played by Tom Cruise, discovers that his law firm is not exactly trustworthy, and must do a lot of careful searching to figure out the truth.

A Few Good Men focuses on a military trial, again starring Tom Cruise alongside Jack Nicholson. When a soldier dies, his death is questioned and reveals a nasty bit of truth on the part of Nicholson and the dead mans fellow soldiers.

In most cases, courtroom battles and lawyer actions are exaggerated and made much more glamorous than they are in the real world. Always remember that these movies are pure fiction and entertainment, and the legal process, in reality, is usually much more mundane.

Fast Legal Assistance In Singapore By Using A Experienced Divorce Lawyer

Practically any nation nowadays has its own law regulations and legal guidelines and more often than not these are not that different in comparison to each other. However, similar as in most nations, legal guidelines might fall under various categories depending on their use along with what sector these laws apply to.

Divorce law, although unpleasant to think about, is among the most typical practices found in many places in today’ world. Given that Singapore will not be different when it comes to the amount of divorces and likely problems that might arise from it, a divorce lawyer in Singapore is a huge aid for people who seek assistance with divorces in this country.

Do you need an attorney for your divorce?

A divorce lawyer is not required for divorce proceedings in Singapore. It’s possible to go through a divorce in Singapore without the help of a divorce lawyer. Occasionally, a divorce can be settled without all the legal troubles.

On the other hand, numerous divorces today can involve fights and legal issues that would necessitate competent legal assistance. Only when a divorce is entirely thought out and the both of you will be divorcing on friendly grounds, divorce without legal services can be recommended. The process of a divorce without proper legal advice could quickly become a huge headache.

Hiring a Divorce Attorney

By using a Singapore divorce lawyer you could ensure that to have all your angles covered. Much of the time, a divorce can lead to severe problems and complications for all those concerned. One of the main causes for disputes would be the issue with regards to possession of the involved people’s possessions.

In order that the dispute can go peacefully and you get the rightful share of your possessions, you should have someone with adequate knowledge in the field. The experience of a competent divorce lawyer is a big advantage given that he will be capable to increase your chances of winning significantly.

Factors to Consider When Getting a Divorce Lawyer

Prior to going to get a trustworthy divorce lawyer in Singapore, you need to know about a few crucial points to help you to choose. You should never simply hire a random legal professional. It’s highly recommended that you hire an attorney who is skilled explicitly in the area of divorce.

Obviously, only a proficient and experienced divorce lawyer will be able to aid you in the absolute best way. It’s almost guaranteed that a less skilled lawyer might face situations in court in which they do not have a lot knowledge of: Should this happen, you risk to lose the entire case. The importance of getting an attorney who knows how to do their job should for that reason not be underestimated.

If you are going through a divorce in Singapore, you must get the best and most skilled divorce lawyer you can find. Even if you are not 100% sure that you want a divorce, or maybe might have doubts whether you can afford to hire an attorney for this reason you could get an affordable initial appointment.

This particular consultation will help to give you a good notion with regard to the divorce lawyer in addition to their skills and knowledge.

Things That Can Get Educators in Legal Hot Water

Remember those World War II posters that warned, “Loose Lips Sink Ships?” Well, that dire wisdom is just as urgent today. It is possible that a comment ingenuously made in the faculty room, in an email, during an IEP meeting or a phone call can cause a teacher embarrassment, at best, or a district to become embroiled in a lawsuit, at worst. Caution to be professional at all times as well as ever mindful of confidentiality laws has always been a top priority of school districts. However, in our digital age, this issue has taken on a new meaning and has escalated caution to another level.

In order to ferret out the most critical concerns facing schools today and some tips for how to deal with these concerns, I spoke with four lawyers who work with schools on a regular basis. Following are some of the insights gleaned from those conversations.
What is considered written documentation?

Anything and everything written about a student on school grounds can be subpoenaed for use in court. Attorney Dianna Halpenny of Sacramento, California, reinforces that anything in writing with a student’s name in it is part of the official student record. It is not necessarily true that if teachers keep it at home that it is not a student record.

Email communication

When faced with the challenge of keeping email private on school servers, teachers used to be advised to use web mail versus a downloadable email client such as Microsoft Outlook, Eudora, or Thunderbird. The belief was that web mail such as Yahoo mail; Hotmail, Mail2Web, etc. were safe.

Attorney Pamela Parker of Austin, Texas, reveals another, less known, fact: even web-based email is forensically accessible. Web-based email history may still be on the school server. Parker acknowledges that schools are not necessarily monitoring emails; however, a forensic computer specialist can recreate the emails if necessary. The reality of today’s world is that everything that is digital lives forever. Parker employs a sound analogy, “Having a conversation by email or text message is no different than having a private conversation on stage at Carnegie hall in front of a full house. Most people won’t pay attention, but some will.”

Teachers may send an email to a parent, colleague, supervisor, etc. believing that the email will remain confidential between them. However, there is no guarantee that the recipient of an email will respect that confidentiality or realize the importance of keeping the interaction private. Sometimes, despite all good intentions, emails are forwarded accidentally. This easily happens when the writer uses “reply all” or continues to respond to an email that has the entire thread attached. I’ve been amazed at what I’ve had included in a message to me when I have been added as a recipient midstream in an email conversation. When I scroll down, I might read conversation to which I should not have been privy. Here’s a tip: Look at what’s attached to the bottom of your email before you hit “send!”

Phone messages

Another consideration is phone messages. Not only can they be overheard, they can be forwarded. Parker contends that even a teacher’s children might see and pass on text messages or phone emails. Parker advises educators to have critical conversations in person.

Attorney Brad King of Richmond, Virginia, goes on to explain that even messages on personal phones, especially those regarding relationships with students, can become public domain. He explains that teachers’ phone records can be involved in litigation. Again, the digital age brings a new level of accountability to the issue. Digital phone messages, as well as text messages, are easily forwarded and potentially retrieved.

Text messages

Have you ever gotten a text or sent a text that was meant for someone else? Are you sure that deleted texts are not potentially accessible if a related case was brought to court? How much text messaging is available is dependent on your telecommunication carrier. There may be information out there that you do not know is there.

Contributors:
Diana D. Halpenny
Attorney at Law
Kronick, Moskovitz, Tiedemann & Girard, Inc.

Pamela Parker
Attorney at Law
Austin, Texas

Bradford A. King, Esq.
Thompson McMullan, P.C.

Mark Joel Goldstein
Attorney