Juror Misstatements of Law

Juror Misstatements of Law Free Online Research Papers McDowell v. Calderon, 130 F.3d 833 (9th Cir. 1997), cert. denied, 523 U.S. 1103 (1998). Death sentence reversed where jury misunderstood instructions regarding what may be considered as mitigating evidence. But see Coleman v. Calderon, 525 U.S. 141 (1998), overruling McDowell to the extent Boyde analysis relied upon inconsistently from Brecht harmless error analysis requirements. Rasbury v. State, 832 S.W.2d 398 (Tex. Ct. App. 1992). Capital case. First degree murder convict entitled to a new hearing on his motion for a new trial because first hearing excluded relevant evidence relating to one jurors misstatement of the law of self-defense as a fact, rather than an opinion and the juror indicated that he had been a magistrate, thus implying he knew the law. The court ruled that it appeared that jurors could testify to statements made by other jurors if the statement is relevant to the validity of the verdict. Id. at 399. Young v. Brunicardi, 232 Cal. Rptr. 588 (Cal. Ct. App. 1986). Negligence judgment reversed and remanded for a new trial because juror erroneously stated the law of negligence in that he said defendant could not be negligent if he had not been ticketed for his actions. Flores v. Dosher, 622 S.W.2d 573 (Tex. 1981). Negligence judgment reversed and plaintiffs granted a new trial when juror erroneously told other jurors that it did not matter how they answered the special issues because plaintiffs would recover anyway. Reese v. Britain, 570 S.W.2d 528 (Tex. Ct. App. 1978). Will contest judgment was reversed when one juror gave other jurors erroneous instructions on the law of undue influence. In determining whether this was an overt act, the court listed the following factors as significant: nature of the conduct, significance of the conduct, presence or absence of a rebuff, whether the statements were asserted as matter of opinion or fact, the timing of the misconduct, duration of deliberations and any other matters occurring during trial that might have a bearing. Id. at 533. Dealing with misconduct When an employee has done something or failed to do something which adversely affects his/her work, the ability of others to do their work, or the agencys mission, a supervisor is faced with decisions on how to handle the incident or series of incidents. First, the supervisor must decide whether the incident involves the employees poor job performance or an act of misconduct or delinquency. Normally, it is one or the other, but in some cases it could be both. Next, the supervisor must decide what type of management action will best deal with the incident(s). If it is misconduct or delinquency, such as tardiness, failure to properly request leave, insubordination, theft, etc., then an option could be to take disciplinary action. A non-disciplinary adverse action is an adverse action taken for reason(s) other than to correct an employees delinquency or misconduct. Research Papers on Juror Misstatements of LawCapital PunishmentUnreasonable Searches and SeizuresIncorporating Risk and Uncertainty Factor in CapitalEffects of Television Violence on ChildrenAnalysis of Ebay Expanding into AsiaThe Relationship Between Delinquency and Drug UseThe Fifth HorsemanResearch Process Part OnePersonal Experience with Teen PregnancyThe Project Managment Office System

Mediation, Arbitration, and Litigation

Mediation, Arbitration, and Litigation Mediation, Arbitration, and Litigation Mediation, Arbitration, and Litigation By Maeve Maddox In general usage, mediate and arbitrate are synonyms. However, as a reader pointed out when I used the words mediator and arbitrated in a sentence illustrating the difference between uninterested and disinterested, the roles of mediator and arbitrator in a legal context are distinct. Note: Like arbitrator, the noun arbiter also means â€Å"one who judges.† Arbiter usually refers to someone who judges matters of taste or etiquette: â€Å"Gradually, the arbiters of the New York art world caught on. Superlatives in The New York Times became almost routine.† The reader, who has served as both mediator and arbitrator, explains the difference this way: As a mediator, I help to facilitate a resolution of matters  in dispute, a resolutionthat all parties then agree to. I do not decide the matter, the parties do.    As an arbitrator, I act as a judge although I consider the parties respective  proposals for resolution, I decide how the matters will be resolved. Because litigation is time-consuming and extremely expensive, processes called mediation and arbitration have become popular as alternatives or adjuncts to litigation. litigation: any lawsuit or other resort to the courts to determine a legal question or matter. mediation: an attempt to settle a legal dispute with the help of a mediator (neutral third party) who works with the disputants to find points of agreement and reach a fair solution. arbitration: an informal trial presided over by a person or panel of persons (neutral third parties) who are not judges in the judicial system. Mediation may or may not result in a satisfactory settlement. With arbitration, the disputing parties (usually) agree in advance to accept the decision of the arbitrator/s. Sources: FindLaw.com and Law.com Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Has vs. HadWhen to Form a Plural with an ApostropheIf I Was vs. If I Were