Recent orders
Court hearings
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Introduction
Court hearings refer to gatherings within courtrooms called for the sole purpose of carrying out certain legal procedures. There are varied legal hearing types, some dealing with civil issues while others deal with criminal issues. As much as the focus and structure of court hearings may vary from one location to another, it is noteworthy that there remains some essential elements that would be applicable in almost every court thereby governing court meetings’ flow.
In most of the court hearings that I attended, preliminary court hearings referred to as arraignment were incorporated. More often than not, this court hearing’s structure allows the legal counsel to give information to the judge pertaining to the charge that has been leveled against the defendant. From this information, the judge would determine whether there evidence is sufficient to warrant holding the defendant for a full trial. In addition, it is often the case that some courts of jurisdiction will allow the defendant to either plead guilty or not guilty during the preliminary hearings. If the judge deems it fit, he or she may set a certain amount of bail for the defendant.
All the court hearings are guided by certain requirements and procedures on how the trial is to be conducted. During the trial, the prosecution counsel presents the available evidence to the judge in an effort to prove the guiltiness of the defendant. In addition, he or she presents testimonies of witnesses so as to complement the evidence provided. In the course of the trial, the defendant’s legal counsel is offered the opportunity to prove the defendant’s innocence. It is fundamentally expected that once both the defending and the prosecution counsel have presented their case, the issue at hand can be resolved, and an appropriate decision rendered. Once the trial has taken place, a court hearing referred to as a sentencing would be held.
In all the court hearings, one common denominator was the establishment of location, data and time where the hearing would be taking place. Subject to the issues pertaining to the case, the court hearing may be set quickly or scheduled for a later date so as to give both the defending and prosecuting counsel time to organize, as well as gather facts that would be crucial for presentation during the trial. It is noteworthy that the regulations guiding the court hearings differ depending on whether the court is handling criminal cases or civil cases. In fact, the only universal or common element in all court hearings is the way a decision is reached as to the date, time and place in which the court hearing will transpire.
One thing that was notable in the court hearings that I attended is the meticulous nature of the arguments. In criminal cases, it is noteworthy that the defense counsel did not aim at explaining why the defendants had carried out the acts but rather proving that the defendants were not in the place where the criminal acts took place. As much as the defense counsel had to be proactive by having some evidence that would exonerate his or her client, it is noteworthy that their position of was reactive. This is especially having in mind that they aimed at poking holes at the evidence presented by the prosecution or rather looking for loopholes. As much as the defendants are supposedly held as innocent until such a time when their guilt has been proven, the prosecution counsel always seemed to have had a notion that they were guilty already.
Court Case Trial Observation and Report
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Court Case Trial Observation and Report
Any employment defines a relationship that is the code of conduct between the employer and their employees, which is brought up by an employment contract. It is the contract, which puts obligations and reciprocal rights forth between the employer and the employee. However, in this relationship, the employees get access to all the benefits as well as the rights that come along with such an employment. This court hearing presents a case in relation to the Employment Relationships as well as the significance of having an employment contract.
Flagstaff, AZ Civil Court
Mr. John, the appellant
Parmenas Charley, the appellee
Litigants
Plaintiff – Appellant: Parmenas Charley
Defendant – Appellees: Mr. John, owner of Southern Private School
Background
Parmenas Charley, who is a former teacher at the above named school, filed a lawsuit giving claims regarding a breach of contract, declaratory relief as well as injunctive relief, when the Mr. John, the owner of Southern Private School denied him an extra day’s pay. The owner of the private school, Mr. John, filed a counterclaim. Both parties filed opposing motions to get appealed the decision.
Facts
Charley had been an employee of the privately owned school following a written contract under one year probation. In the contract, Charley would be employed on basis of 10 months, which could be considerable for the year 2002-03. In it, Mr. John required Charley to work for 187days, including the dates and hours as were set by the him or any preceding amendments to the settings. A teacher salary scheme was adopted based on the 187 days of work along with a schedule that Charley should work for 187 days, the year 2002-03. However, out of the 187 days, Charley was required to attend a graduation ceremony. He therefore filed a complaint to the commissioner of education get an extra day’s pay following Mr. John’s decision. The school’s owner pled to the authority following Charley’s file of a lawsuit on the subject matter. However, the commissioner of education granted Charley a summary judgment but the Mr. John filed an appeal challenging the decision.
After investigating facts from both sides, the commissioner of education pointed out that Charley’s contract required him 187 days of work and not that, he works Mr. John violated no contract, if anything, the commissioner did not have jurisdiction over Charley’s quantum meruit claim and hence it was dismissed.
Therefore, Charley went ahead to institute a double suit. To begin with, he filed a case in claim that his employer had breached their contract, declaratory relief, quantum merit as well as injunctive relief. He as well, filed a claim at AZ Civil Court, following the commissioner’s decision.
Although Mr. John filed a plea, Charley as well filed a parallel suit seeking a summary judgment. The commissioner had halted the case to await any conclusion from the civil court in Arizona.
Flagstaff, AZ Civil Court: There was a thorough grill of the appellant as well as the appellee to reach a satisfactory decision. The cross-examination and the examination of both parties was a sure way to ensure this. The defense counsel pushed a motion to have a trial dismissal order and the judges and the attorneys discussed the issue in depth. After much deliberation, the court offered judgment in Charley’s favor. It therefore offered him:
Damages for the contract’s breach claim
Declaratory relief following the abuse of a signed contract
Injunctive relief that prohibited the district from any future illegal conduct
Following Charley’s claims, the court consequently awarded him attorney’s fee and costs.
Decision
The commissioner of education did not have the authority over the claim by Charley towards his employer’s breach of contract. He had thus been advised to seek hearing from Flagstaff, AZ Civil COURT that had the required power over his claim. Section 7.057 (d) of the constitution requires that any individual who is distressed by any agent act or requires the decision of the commissioner is supposed to file a plea to the court at Arizona. Therefore, Charley’s claim was dismissed basing decision on the above. In addition, the commissioner concluded that the one viable assertion by Charley is the one on quantum meruit. The office as well had no jurisdiction to give Charley attorney’s fee since it had referred him to AZ Civil Court on basis of no jurisdiction.
Dicta
Charley contended that since he besought a quantum meruit claim for what he had rightfully earned, it is affirmed from such foregoing that the ruling by the court was based on the facts relating to such claim. Despite this, the trial court rejected the claim on quantum meruit but instead granted Charley relief on the claim about breach of contract. It is on the breach that claims were awarded.
Following the proceedings, it is notable to highlight that, the trial ruling by the court are reversed. The breach of contract claim by Charley as well as the declaratory claims is therefore dismissed. As a result, the trial court gives instructions to abate its proceedings following Charley’s injunction and the quantum meruit claims.
Coursework 2 Crisis Communications Plan
LUBS2136
Crisis management
Coursework Brief
Coursework 2: Crisis Communications Plan
A crisis communication plan provides policies and procedures for the co-ordination of communications within the organization, and between the organization and any applicable outside agencies (e.g. – the media, regulatory agencies, customers, suppliers, stakeholders (board of directors, shareholders, unions, staff) and the public) in the event of an emergency or controversial issue. Emergencies may include fires, bomb threats, natural disasters, or major crimes. Controversial issues may include police investigations, protests or other situations that demand a public response.
It is the goal of a crisis communications plan to establish guidelines for dealing with a variety of situations, and to ensure that staff and communicators are familiar with those procedures and their roles in the event of a crisis. A communications plan is designed to be used in conjunction with an emergency/business continuity/crisis management plan.
Your task is to design a crisis communications plan for any organisation of your choosing. Your plan should contain the following elements
Aim and Objectives
Policy statement on crisis communications for your chosen organisation
Details of the Crisis Communications team
Stakeholder analysis and prioritisation
Emergency contact list
Media contact list
Staff notification procedures
Stakeholder notification procedures
Key messages and sample press releases
News conference protocols
Interview protocols
Methods of Communication updates
Record keeping protocols
Crisis communications review and evaluation procedures
It is expected that:
Students will read widely around the subject area in preparation for the essay
The essay will be properly structured and demonstrate good use of English
The essay will be properly referenced using the Harvard Method.
Word Limit: 3000 words
Percentage weighting: 60%
Date of Final Submission: 07/05/09 (one hard copy and one electronic submission)