StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Legal System Has the Duty of Resolving Disputes in Courts - Assignment Example

Cite this document
Summary
The paper "The Legal System Has the Duty of Resolving Disputes in Courts" states that police who act with a defective warrant in good faith cannot be held for misconduct. There lack basis when evidence is suppressed when they are relied on in good faith using a defective search warrant…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
The Legal System Has the Duty of Resolving Disputes in Courts
Read Text Preview

Extract of sample "The Legal System Has the Duty of Resolving Disputes in Courts"

The legal system has the duty of resolving disputes in courts by applying the principles and rule of law to the facts brought before the courts of law. The dispute process involves the application of law and the facts of the case. The facts of a case may be more important than others since there are key facts that determine the outcome of a case. The key facts are necessary since they prove or disprove claims before the court. There are four steps used in determining the key facts in a client’s case (Albright & Putman, 2013).
The first step is identifying each cause of action that is stipulated by the facts of the case. The second step is to determine the key elements of the cause of action that are raised by the facts of the case. The third step is to outline all the facts of the case that are important to the elements of action raised in the second step. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law.
There are three steps used in identifying the facts in a court opinion. The first step involves reading the entire case having in mind what was decided regarding what facts of the case. The second step is to read and analyze the holding of the case. This helps to understand how the court answered the legal questions raised on the facts of the case. The last step is analyzing the key facts used to make the holding of the case (Albright & Putman, 2013).
Key Facts of United States v Alberto Antonio LEON et al No.821771
Police in Burbank initiated surveillance on Leon after receiving confidential information that they were selling cocaine and an investigation earlier showed that he stored a stash of methaqualone in his house. After a search, Leon was indicted by a grand jury in California and charged with drug trafficking. The court granted a motion to suppress evidence arguing it was defective due to the warrant and lack of probable cause. On Appeal, the government argued that the police acted in good faith when using the defective warrant. The court of appeal affirmed the trial court's decision and declined the government's argument of good faith.
Parties: United States of America the petitioner and Alberto Antonio Leon et al, who was the respondent.
The facts of the case: The Superior Court Judge allowed the seizure of huge amounts of drugs in Leon's residence. The warrant was found to be defective and was suppressed at the trial stage.
Prior Proceedings: The petitioner had appealed the matter of the Court of Appeal for the Ninth Circuit.
The issues before the court: Whether the evidence obtained from the defendant's residence should be excluded due to a defective search warrant. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Key facts Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Key facts Assignment Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1699235-key-facts
(Key Facts Assignment Example | Topics and Well Written Essays - 500 Words)
Key Facts Assignment Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1699235-key-facts.
“Key Facts Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1699235-key-facts.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Legal System Has the Duty of Resolving Disputes in Courts

The Different Types of ADR

uestion 2IntroductionAlternative dispute resolution ('ADR') is the term given to a variety of methods of resolving disputes other than by initiating court proceedings.... The paper "The Different Types of ADR" describes that whether or not ADR is suitable for a particular case depends on the circumstances, For instance, a solicitor who is representing a client who has a strong case may opt for trial to secure the best possible outcome for his/her client.... Another important point for a solicitor to consider is whether or not it is in a client's interests to pursue litigation in favour of ADR because of the potential availability of legal aid in the court process....
9 Pages (2250 words) Essay

Importance of Alternative Dispute Resolution

t encompasses resolving civil and communal disputes without involving the judicial process that involves court processes (Anderson1998, pp 113-128), although ADR has been a subject of heavy criticisms, the system has over recent years gained popularity as well as acceptance among members of the bar and the general public.... For example, some established courts now call for some parties to seek the services of ADR, mostly mediation before committing the cases to full trial informal courts....
5 Pages (1250 words) Essay

Alternative Dispute Resolution and the English Civil Justice System

However, the term alternative dispute resolution received academic attention beginning in the 1980s and was used as a frame of reference for an option for resolving civil disputes in the absence of lawyers or legal input.... Arbitration is often described as an informal and rather simple version of adjudication via the courts in which the formal requirements relative to procedural laws such as discovery are typically waived and instead adopt a more informal process....
12 Pages (3000 words) Essay

The Attitude of the Courts to the Settlement of Disputes

This essay "The Attitude of the courts to the Settlement of Disputes" focuses on the court that can fail to order disclosure of negotiations without prejudice against the wish of one of the parties in the mediation process, this was considered by Halsey in the case of Walker v Wilsher.... When it comes to questions regarding costs, the courts fail to decide on the side that has been unreasonable to refuse mediation.... While this is the case, the alternative means of settling disputes can be classified into the most commonly used techniques and these tend to be highly reflective of the role of the independent third party....
9 Pages (2250 words) Essay

Employment Relations in the Organization: Conciliation and Arbitration Service

ACAS is more informal in this, and it avoids formal processes that go on in courts such as formal pleadings and documentaries.... Therefore, the organization uses three main ways of resolving a disagreement between parties.... Conciliation occurs when the organization tries to find out the issues that bring disputes between the parties....
9 Pages (2250 words) Assignment

The Legal Environment for Business

It is the basic duty of a court to try the cases that come to it and to resolve the various conflicts that have arisen, with an impartial and unprejudiced outlook, so that the individual rights that are granted to an individual by the Constitution are protected, within the boundaries of justice.... The paper 'the legal Environment for Business' focuses on the Judiciary as one of the three branches of the Government.... It is the system of courts of law to ensure that justice is upheld at all times, and it is also the most important branch of the government....
10 Pages (2500 words) Assignment

The Importance of Alternative Dispute Resolution in Settlement of Civil Claims

Court hearing and litigation are usually the last resort in resolving disputes in England and Wales.... Many members of the legal profession are keenly interested in the method of alternative dispute resolution or mediation and this has given it a good deal of prominence.... Lord Woolf's 1996 report Access to Justice has highlighted the importance of the alternative dispute resolution for engendering the unbiased, fair, speedy and impartial resolution of disputes....
9 Pages (2250 words) Coursework

Dispute Resolution: Methods and Results

In the discussion alternative dispute resolution system will be revisited, giving examples of other better ways of resolving disputes as opposed to the legal courts.... n every aspect of life, there are two sides to every coin, so we cannot dispute the importance of the court system in resolving disputes.... The conclusion merges the merits and demerits of the legal court system and the alternative dispute resolution system, with a bias towards the merits of the latter....
9 Pages (2250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us