This document outlines reminders and guidelines for judges conducting face-to-face trials. It discusses ordering the trial based on the terms of reference and issues to be tried. It also establishes ground rules for witnesses, parties, and counsel during examination, including only allowing one person to speak at a time, addressing all questions to the judge, and giving both sides equal time to respond. The judge is instructed to focus on determining factual issues and maintain a balanced inquiry.
Prepared by Abhijeet Kumar, Amar Maruti Patil and Adithya Anil Variath.
Session 1 of the Moot Court Orientation Program (2019) held at Chembur Karnataka Law College
This slide contains some important points to be kept in mind while preparing memorial. I have prepared this as part of workshop on mooting organized at my University for first year students.
Prepared by Abhijeet Kumar, Amar Maruti Patil and Adithya Anil Variath.
Session 1 of the Moot Court Orientation Program (2019) held at Chembur Karnataka Law College
This slide contains some important points to be kept in mind while preparing memorial. I have prepared this as part of workshop on mooting organized at my University for first year students.
Memory Improvement Course: How to Turn Numbers into Images to Rememberspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory techniques, including how to turn numbers into images and how to remember a list of anything.
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory techniques, including how to remember names more easily.
In this presentation, you will get an overview how to scale your news site up to 30 million page views based on lessons I had learned for the past five (5) years in achieving the milestone.
Remember More of What You’ve Read with These Proven Techniquesspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory and comprehension techniques so you could remember more of what you read.
How To Improve Your Memory: The Link Systemspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers The Link System.
Speed Reading Class: How to Make Difficult Reading Easyspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers speed reading and how to make difficult reading easy for speed readers.
How To Improve Your Memory: The Peg Systemspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers The Peg System.
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Memory Improvement Course: How to Turn Numbers into Images to Rememberspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory techniques, including how to turn numbers into images and how to remember a list of anything.
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory techniques, including how to remember names more easily.
In this presentation, you will get an overview how to scale your news site up to 30 million page views based on lessons I had learned for the past five (5) years in achieving the milestone.
Remember More of What You’ve Read with These Proven Techniquesspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers memory and comprehension techniques so you could remember more of what you read.
How To Improve Your Memory: The Link Systemspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers The Link System.
Speed Reading Class: How to Make Difficult Reading Easyspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers speed reading and how to make difficult reading easy for speed readers.
How To Improve Your Memory: The Peg Systemspeed-reading
http://www.smartspeedreading.com
These slides are from the Iris Speed Reading Classes & Memory Improvement Courses. Iris is the largest and leading provider of Speed Reading & Memory Improvement Courses in the United States. This course covers The Peg System.
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
CasePacer is a cloud-based case management software for personal injury and mass tort law firms. With secure, anywhere, anytime access, CasePacer helps firms streamline operations, communicate and collaborate with the right people and time, and capture, organize, and track important case inputs, dates, contacts, expenses, and documents. Featuring built-in workflows and ticklers, an intuitive interface, a customer success team, and case-based pricing.
Arbitration is emerging as the favored alternative dispute resolution method due to its expeditious procedure, confidentiality and flexibility. With the promulgation of numerous laws in Vietnam to facilitate arbitration and the backlog of cases in the local courts, arbitration has become a sensible option for foreign and domestic enterprises alike. Nevertheless, arbitration procedure in Vietnam is unlike the procedure found in international arbitration as well as in the local courts, and requires adaptation and adjustment of traditional litigation strategies to achieve the best results.
View more here: https://letranlaw.com/insight/losings-point-arbitration-procedures/
Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.
Oxford Style Debate
Oxford-style debating is a competitive debate format featuring a resolution (provocative statement) that is
supported by one side and opposed by the other. There is an audience vote before and after the debate and
the winner of the debate is the team that changes their numbers the most from one vote to the next, rather
than who scores the highest. The audience’s vote, plus the judges’ scores determine the winner.
#debate #oxford #argument #rebuttal #lesson #argumentative essay #oxfordstyle #debatequestion #debatestructure #debateteams #audienceparticipation #debriefing
This episode will cover the arbitration process beginning with how to prepare and file claims, and review thoughts on picking an arbitrator (or arbitrators). From there we will cover preparing for the preliminary conference with the arbitrator. Understanding the Order that will flow from the preliminary conference and knowing what to ask for or have considered. We will review some thoughts on discovery requests and motion practice as well as types of awards as well as a few other miscellaneous matters that may be covered during the preliminary conference.
Part of the webinar series: ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
Brgy. Labangon, Cebu City and the Threat to its Territorial IntegrityHarve Abella
the people have spoken, NO to the creation of Banawa-Englis.
by the way, Tony Cuenco (author of the Banawa-Englis law fiasco) has bowed out of the congressional race (or so he claims.) do we really need recycled politicians???
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
1. JUDGES- RemindersforFTFTrial
REMINDERS FOR FACE-TO-FACE TRIAL
1. JUDGES
The Judge may instruct the parties/counsels /witnesses that:
1.1 Terms of Reference
1.1.1. The basis of the trial will be the TOR—the TOR controls the scope of
trial.1
1.1.2. Only disputed facts in the TOR will be considered by the Judge during
trial.2
1.2 Order of Trial
1.2.1. Trial of the Issues and not Plaintiff’s or Defendant’s entire case.
1.2.2. State the issue/s and related issue/s and list the schedule of the issue/s
and related issue/s to be tried.3
1.2.3. List the schedule of the witness/es who will appear for each issue or
related issue/s.4
1.2.4. Determine the need to refer certain issue/s or related issue/s to trial by
commissioners.5
1.2.5. List the witness/es who are exempt from Face-to-Face Trial and will be
examined separately.6
1.3 Face-to-Face Trial
1.3.1 1st Phase
1.3.1.1 Only the Judge is allowed to examine the witness/es regarding
the issue/s or related issue/s at hand, in no particular
sequence, and may also direct its questions to one or more
witness/es from contending sides.7
1.3.2 2nd Phase
1.3.2.1 Counsels from contending sides are allowed to cross-examine,
re-direct, re-cross the witness/es based on their judicial
affidavits, the attached exhibits, the answers the witness/es
gave during the Judge’s examination during the 1st Phase, or
their testimonies.8
1.3.2.2 The Judge will order whose witness goes first.
1.3.2.3 The Judge can intervene at any time.9
1.3.2.4 The reception of evidence for the next issue or related issues
may be scheduled in another setting in accordance with the
Order of Trial.10
1.4.Ground Rules
1.4.1. General Guidelines
1.4.1.1. Only one person at a time can speak (“One Mouth Rule”).11
1.4.1.2. All persons should observe courtesy.
1.4.1.3. Address all questions/answers to the Judge and not to the
other party, counsel or witness.12
1.4.1.4. Any party, counsel or witness who wishes to speak must raise
his hand and wait for the Judge’s permission before speaking.
2. JUDGES- RemindersforFTFTrial
1.4.1.5. A party, counsel or witness who is allowed to speak should
always state his name, e.g. Atty. Santos, Mr. Reyes, etc., before
speaking so the stenographer will accurately identify the
person speaking.
1.4.1.6. Only a party, counsel or witness who has been allowed and
recognized by the court can speak.13
1.4.1.7. Do not interrupt any person speaking. Parties will be given
equal time and opportunity to answer/reply to a statement
made by a party, counsel or witness.14 The counsels/parties
are assured by the Judge that their position will be heard.
1.4.1.8. The Judge shall inform the parties, counsels and witnesses that
the proceeding will be a balanced inquiry.
1.4.1.9. The Judge will inform counsels that they will be given an equal
and reasonable opportunity to cross-examine, re-direct and re-
cross the witness/es.15
1.4.1.10. The stenographer will record in the TSN only the statements of
the party, counsel or witness allowed to speak and any
interruptions not allowed by the Judge will not be recorded.
1.4.1.11. Any person who keeps interrupting the proceeding/hearing
may be cited for contempt and/or sent out of the courtroom.
1.4.1.12. The Judge will initiate the inquiry into each factual issue
strictly in the sequence provided in the Order of Trial although
such inquiry may cover two or more closely related issues.16
1.4.1.13. To the extent possible, the Judge will not allow a debate on
legal arguments/issues during the hearing/proceeding. He
will primarily focus on factual determination. The Judge will
allow the parties to fully discuss legal arguments in their
respective memoranda.
1.4.2. 1st Phase
1.4.2.1. A Judge may address his/her questions to a party, counsel or
witness (the other witness/es of the same side may
supplement, clarify or qualify the answer of the first party,
counsel or witness). Witness/es of opposing sides will be
given equal time and opportunity to answer/rebut properly.17
1.4.2.2. The Judge will ensure balanced and equal treatment by giving
both parties equal time (objective standard) to
answer/respond, e.g, 5 minutes for the plaintiff, 5 minutes for
the defendant, 2 minutes for the plaintiff to reply, 2 minutes
for the defendant to rebut.18
1.4.2.3. Counsel may take exception to the questions asked by the
Judge during his examination of the witness. However,
counsel must wait after the Judge has finished his/her
question. Counsel must raise his hand and be recognized by
the Judge before taking exception. Counsel’s exception shall
simply state the legal grounds for the exception with no
further explanation unless the Judge will order him/her
otherwise.19
1.4.2.4. The Judge will allow counsels to take exceptions to questions
and/or move to strike out answers already given during the
Judge’s examination of the witness:
a. If the exception is to form—the Judge may take note
or the rephrase the question and/or strike out the
answer;
3. JUDGES- RemindersforFTFTrial
b. If the exception is to substance—the Judge shall
promptly rule on such actions and/or strike out
answers already given
c. If the exception is to admissibility—the Judge may
simply take note of the exceptions and consider the
same when deciding the case.20
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is enough
to point out the objection and the Judge will know how to
appreciate the evidence/statement.
1.4.2.5. The Judge may allow the witnesses from contending sides to
continue their divergent exchange if new facts or new
arguments are introduced and the testimonies have not
become repetitive.21
1.4.2.6. The Judge may, before moving from one issue to the next
issue, may summarize the respective positions of the parties
and then move to the next issue or related issues. 22
1.4.2.7. Witnesses will not be allowed to pose questions to other
witnesses (except for expert witnesses allowed by the Judge to
pose questions to other expert witnesses).23
1.4.3. 2nd Phase
1.4.3.1. Counsels will be given an equal and reasonable opportunity to
cross-examine, re-direct and re-cross the witness/es.24
1.4.3.2. The order of examination will be plaintiff’s counsel first, then
the defendant’s counsel after.
1.4.3.3. Where there are multiple parties involved, the Judge will fix
the order of cross, re-direct and re-cross examination of the
counsels involved.25
1.4.3.4. The Judge can intervene at any time.26
1.4.3.5. Counsel may object to the questions asked by the opposing
counsel during his examination of the witness. However,
counsel must raise his hand and be recognized by the Judge
before making the objection. Counsel’s objection shall simply
state the legal grounds for the exception with no further
explanation unless the Judge will order him/her otherwise.27
1.4.3.6. The Judge will allow counsels to object to questions and/or
move to strike out answers already given during opposing
counsel’s examination of the witness:
a. If the objection is to form—the Judge may take note
or order counsel to rephrase the question and/or
strike out the answer;
b. If objection is to substance—the Judge shall
promptly rule on such actions and/or strike out the
answer;
c. If the objection is to admissibility—the Judge may
simply take note of the objection/s and consider the
same when deciding the case.28
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is
enough to point out the objection and the Judge will know how
to appreciate the evidence/statement.
1.5.Internal Guidelines for the Judge (need not be publicly announced)
4. JUDGES- RemindersforFTFTrial
1.5.1. To the extent possible, questions will be asked alternately on points
which are favorable to a party.
1.5.2. Use name plates for the parties, counsels, witness/es.
1.5.3. The Judge should read the pleadings/affidavits and prepare a list of
questions based on the disputed facts. (Judge can tick-off questions from
his list when answered).
1 Sec. 22.4.
2 Sec. 24.4 (a).
3 Sec. 22.9 (d)(1)(3).
4 Sec. 22.9(d) (2).
5 Sec. 22.9(d) (5).
6 Sec. 22.9(d) (4).
7 Sec. 24.7(a).
8 Sec. 24.7(g).
9 Sec. 24.7(g).
10 Sec. 24.7(i).
11 Sec. 24.6(c).
12 Sec. 24.6(d).
13 Sec. 24.6(c)
14 Sec. 24.6(e)
15 Sec. 24.6(e) and Sec. 24.7(c).
16 Sec. 24.4 (a).
17 Sec. 24.7(a)(b)(c).
18 Sec. 24.6(e) and Sec. 24.7(c).
19 Sec. 24.8.
20 Sec. 24.8 (a)(b)(c).
21 Sec. 24.7(d).
22 Sec. 24.7(f).
23 Sec. 24.6(e) and Sec. 24.11.
24 Sec. 24.6(e) and Sec. 24.7(g).
25 Sec. 24.7(h).
26 Sec. 24.7(g).
27 Sec. 24.9(a)(b)(c)(d).
28 Sec. 24.9(c) and Sec. 24.8 (a)(b)(c).