The document discusses reforms to India's legal system to improve law enforcement and compliance. It proposes three pillars: 1) Allowing contingent fee agreements so lawyers can be compensated based on the outcome of a case, incentivizing them to take strong cases. 2) Implementing fee shifting so the losing party pays all legal fees, encouraging early settlements. 3) Allowing punitive damages beyond mere compensation to create a stronger deterrent against misconduct. The document argues these reforms would mobilize more private resources for prosecution, improve access to justice, and reduce crime and non-compliance in India.
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
This document discusses procedural fairness in the context of administrative law. It covers several key topics:
1) Sources of procedural fairness obligations, including the Charter, Canadian Bill of Rights, common law, and statutes.
2) Key Supreme Court of Canada cases that have shaped the modern understanding of procedural fairness, including Nicholson, Baker, and Knight.
3) Factors considered in determining whether and to what extent procedural fairness applies in a given case, such as the nature of the decision, statutory context, and importance to individuals affected.
4) Examples of specific procedural protections, such as the right to a hearing, right to provide oral submissions, and right to respond to allegations.
The document provides an overview of the Australian court system, including different types of courts and their jurisdictions. It discusses:
1) The court hierarchy in Victoria, ranging from the High Court down to the Magistrates' Court. Higher courts like the Supreme Court hear more serious criminal cases and appeals.
2) The types of criminal offences and which courts hear summary offenses versus indictable offenses. More serious indictable offenses are typically heard in higher courts by a judge and jury.
3) Pre-trial procedures like bail, remand, and committal hearings in the Magistrates' Court to determine if there is a case to answer.
4) Key aspects of criminal trials like the presumption of
The document discusses the rule against bias in administrative decision making. It defines bias as a preconceived opinion or predisposition that prevents impartial judgment of a case based solely on evidence. The rule aims to ensure decisions are made impartially and seen to be made impartially. Several types of potential bias are outlined, including personal, pecuniary, subject matter, and preconceived notion biases. Exceptions to the rule like the doctrine of necessity are also discussed. Overall, the document provides an in-depth overview of the rule against bias in administrative law.
The document provides an overview of effective advocacy in commercial arbitration. It discusses key differences between arbitration and litigation, including that arbitrators are bound by the terms of the arbitration agreement rather than legal precedents. It also covers important considerations for advocacy in arbitration, such as designing the arbitral process, selecting arbitrators, applicable rules, written pleadings, presenting evidence and conducting hearings. The document aims to educate advocates on best practices for arbitration.
This document discusses various topics related to administrative law and advocacy at tribunals. It begins by summarizing a Jerry Seinfeld quote about lawyers knowing the rules. It then discusses factors legislatures consider when setting up government agencies, such as the agency's mission and structure. The document outlines the choices legislatures make regarding rulemaking agencies, adjudicative agencies, and policymaking agencies. It provides examples of specific agencies in different categories. The document provides tips for advocates representing clients before agencies, such as determining applicable laws and deadlines, and preparing evidence and witnesses. It stresses preparation, using presentation skills, and focusing on important issues. The document cautions against antagonizing or misleading tribunals. Finally, it discusses different
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
This document discusses procedural fairness in the context of administrative law. It covers several key topics:
1) Sources of procedural fairness obligations, including the Charter, Canadian Bill of Rights, common law, and statutes.
2) Key Supreme Court of Canada cases that have shaped the modern understanding of procedural fairness, including Nicholson, Baker, and Knight.
3) Factors considered in determining whether and to what extent procedural fairness applies in a given case, such as the nature of the decision, statutory context, and importance to individuals affected.
4) Examples of specific procedural protections, such as the right to a hearing, right to provide oral submissions, and right to respond to allegations.
The document provides an overview of the Australian court system, including different types of courts and their jurisdictions. It discusses:
1) The court hierarchy in Victoria, ranging from the High Court down to the Magistrates' Court. Higher courts like the Supreme Court hear more serious criminal cases and appeals.
2) The types of criminal offences and which courts hear summary offenses versus indictable offenses. More serious indictable offenses are typically heard in higher courts by a judge and jury.
3) Pre-trial procedures like bail, remand, and committal hearings in the Magistrates' Court to determine if there is a case to answer.
4) Key aspects of criminal trials like the presumption of
The document discusses the rule against bias in administrative decision making. It defines bias as a preconceived opinion or predisposition that prevents impartial judgment of a case based solely on evidence. The rule aims to ensure decisions are made impartially and seen to be made impartially. Several types of potential bias are outlined, including personal, pecuniary, subject matter, and preconceived notion biases. Exceptions to the rule like the doctrine of necessity are also discussed. Overall, the document provides an in-depth overview of the rule against bias in administrative law.
The document provides an overview of effective advocacy in commercial arbitration. It discusses key differences between arbitration and litigation, including that arbitrators are bound by the terms of the arbitration agreement rather than legal precedents. It also covers important considerations for advocacy in arbitration, such as designing the arbitral process, selecting arbitrators, applicable rules, written pleadings, presenting evidence and conducting hearings. The document aims to educate advocates on best practices for arbitration.
This document discusses various topics related to administrative law and advocacy at tribunals. It begins by summarizing a Jerry Seinfeld quote about lawyers knowing the rules. It then discusses factors legislatures consider when setting up government agencies, such as the agency's mission and structure. The document outlines the choices legislatures make regarding rulemaking agencies, adjudicative agencies, and policymaking agencies. It provides examples of specific agencies in different categories. The document provides tips for advocates representing clients before agencies, such as determining applicable laws and deadlines, and preparing evidence and witnesses. It stresses preparation, using presentation skills, and focusing on important issues. The document cautions against antagonizing or misleading tribunals. Finally, it discusses different
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
The document provides an overview of court processes and criminal procedures in the adversary system. It discusses key aspects of the adversary system including the roles of parties and judges, rules of evidence and procedure, and burden and standard of proof. It also compares the adversary system to the inquisitorial system. Reforms are suggested such as giving judges a greater investigative role and more flexible rules of evidence. Criminal procedures like bail, remand and committal hearings are outlined. The effectiveness of the legal system in providing fair hearings, access to justice and timely resolution is evaluated.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
U402 a court processes and procedures (working progress)Crystal Delosa
The document discusses key aspects of criminal and civil court processes and procedures. It outlines three elements of an effective legal system: entitlement to a fair hearing, effective access, and timely dispute resolution. For criminal cases, it describes important pre-trial procedures like bail, remand, and committal hearings; and explains their purposes. It also provides an overview of the general purposes of criminal sanctions and three types of sanctions - punishment, denunciation, and protection. For civil cases, it mentions pre-trial procedures like pleadings and discovery.
The document summarizes the adjudication process used by administrative agencies. It begins with an overview of adjudication and due process requirements. It then describes two common ways adjudication can begin - through agency inspections or public complaints. The multi-step processes typically involve an agency investigation, formal charges, a hearing before an administrative law judge, an initial decision, and opportunities for appeal. The goal is to determine violations of law while satisfying constitutional guarantees of due process.
LSS provides several types of legal advice services including the Brydges Line for arrested individuals, criminal and immigration duty counsel, family duty counsel, family advice lawyers, and LawLINE telephone advice. In 2007/2008 these services assisted over 130,000 individuals with criminal, family, and other legal issues. LSS aims to provide prompt legal assistance and access to justice for low-income British Columbians.
This document summarizes key principles of natural justice or procedural fairness in administrative law. It discusses the right to a fair hearing, including adequate disclosure of allegations, the right to answer charges, and the right to cross-examine. It also addresses exceptions, the right to reasons for decisions, statutory rights to reasons, and the rule against bias. The document provides examples from case law from various Caribbean countries to illustrate these principles.
This document provides an introduction to lawsuits and litigation costs in Cambodia. It discusses what a lawsuit is, outlines 10 steps to take before filing one, and describes the process for filing a lawsuit. It also details the various fees involved, including registration taxes, court fees, and party costs. Registration taxes differ based on the type of case and court. Both parties are generally responsible for their own costs, and the losing party may have to pay additional litigation costs. Understanding the financial obligations is an important part of determining whether to pursue legal action.
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
U302 part a the victorian civil justice systemCrystal Delosa
The document provides information about resolving civil disputes in Victoria's justice system. It discusses three main avenues for resolving civil disputes - Consumer Affairs Victoria (CAV), the Victorian Civil and Administrative Tribunal (VCAT), and courts.
CAV is a complaints body that uses conciliation to resolve disputes over issues like consumer goods and tenancies. VCAT is a tribunal that provides lower-cost alternatives to courts using mediation and hearings before members. It covers areas like building and property disputes. Courts provide formal trials and appeals but involve higher costs and longer timeframes. The document outlines the purposes and processes of these dispute resolution bodies in Victoria.
U301 part b reforming the victorian criminal justice systemCrystal Delosa
This document outlines key concepts, skills, and reforms related to the Victorian criminal justice system. It discusses factors that affect the ability of the system to achieve principles of justice, including costs, time, and cultural differences. Recent reforms aimed to improve access to legal services, increase use of technology, expand problem-solving courts, and fund prisoner programs. Recommended reforms suggest increasing funding for legal assistance, improving availability of interpreters, and abolishing unnecessary committal proceedings to reduce delays. The document evaluates how well recent and recommended reforms address issues and achieve fair, equal, and accessible justice.
This document discusses enforcement of administrative policy through various mechanisms and sanctions. It outlines factors that affect regulatory compliance, such as the clarity of rules and assigned responsibilities. It then describes the nature of administrative sanctions, including license suspension/revocation, fines, cease and desist orders, criminal prosecution, economic sanctions like liens, and civil suits. The document provides examples of how different agencies utilize these sanctions and enforcement methods to encourage compliance with administrative regulations.
U301 part a the victorian criminal justice systemCrystal Delosa
The document provides an overview of key concepts in the Victorian criminal justice system, including the principles of justice (fairness, equality and access), key concepts (distinction between summary and indictable offences, burden of proof, standard of proof, presumption of innocence), rights of the accused and victims, and processes for determining a criminal case. It discusses the roles of institutions like Victoria Legal Aid and community legal centres in assisting those accused of crimes and explains concepts like committal proceedings, plea negotiations and the court hierarchy in Victoria.
This document discusses licensing in administrative law. It begins by defining licenses as permits that allow certain regulated activities. It then provides examples of many common licenses issued by the government, from drivers' licenses to broadcast licenses. The main purposes of licensing are to control public resources, allocate limited resources fairly, ensure competence in complex/dangerous fields, and maintain public order. Licensing procedures can vary depending on the license, with denial/revocation typically requiring formal adjudication under the APA. The document concludes by summarizing several relevant court cases related to licensing.
Citizens appeal for more expeditious and timely justice in the Indian legal system. The current system faces many problems that cause delays, including a lack of judges and infrastructure, political influence, corruption, and inefficient investigation practices. Several solutions are proposed, including alternative dispute resolution, prioritizing urgent cases, increasing transparency, appointing specialized police and review bodies, and implementing new technologies to digitize processes. The proposed reforms aim to restore faith in the judiciary by providing guidance to reduce injustice and settle cases in a timely, efficient manner.
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
This document provides an overview of arbitration as a dispute settlement mechanism. It defines arbitration as a private process where disputes are resolved by impartial arbitrators based on rules and procedures selected by the parties. Key features of arbitration identified include that it provides an alternative to national courts, is a private mechanism controlled by the parties, and results in a final and binding decision. The document also contrasts arbitration with national courts, noting arbitration allows more flexibility in procedures and is not bound by a single country's laws.
This document discusses elements of an administrative hearing. It begins by noting that administrative adjudication is subject to due process requirements under the 5th and 14th Amendments regarding liberty and property rights. It then distinguishes rulemaking from adjudication, noting that due process is not required for rulemaking but may be for actions affecting individuals. The rest of the document outlines the adjudication process, including notice requirements, filing an answer, pre-hearing conferences to simplify issues, and administrative hearings presided over by independent administrative law judges.
The document provides an overview of the European Bank for Reconstruction and Development's (EBRD) strategy for Montenegro from 2007-2011. Some key points:
- Montenegro has made progress in transitioning to a market economy and multiparty democracy since gaining independence in 2006. However, challenges remain especially in institutional reform, infrastructure development, and energy sector reform.
- The EBRD's portfolio in Montenegro up to 2006 was limited due to the country's small size, totaling €36.2 million with a focus on infrastructure, financial, and corporate sectors.
- The EBRD's strategic priorities will be supporting private sector development, particularly tourism; continuing infrastructure projects with a transition and regional impact;
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
The document provides an overview of court processes and criminal procedures in the adversary system. It discusses key aspects of the adversary system including the roles of parties and judges, rules of evidence and procedure, and burden and standard of proof. It also compares the adversary system to the inquisitorial system. Reforms are suggested such as giving judges a greater investigative role and more flexible rules of evidence. Criminal procedures like bail, remand and committal hearings are outlined. The effectiveness of the legal system in providing fair hearings, access to justice and timely resolution is evaluated.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
U402 a court processes and procedures (working progress)Crystal Delosa
The document discusses key aspects of criminal and civil court processes and procedures. It outlines three elements of an effective legal system: entitlement to a fair hearing, effective access, and timely dispute resolution. For criminal cases, it describes important pre-trial procedures like bail, remand, and committal hearings; and explains their purposes. It also provides an overview of the general purposes of criminal sanctions and three types of sanctions - punishment, denunciation, and protection. For civil cases, it mentions pre-trial procedures like pleadings and discovery.
The document summarizes the adjudication process used by administrative agencies. It begins with an overview of adjudication and due process requirements. It then describes two common ways adjudication can begin - through agency inspections or public complaints. The multi-step processes typically involve an agency investigation, formal charges, a hearing before an administrative law judge, an initial decision, and opportunities for appeal. The goal is to determine violations of law while satisfying constitutional guarantees of due process.
LSS provides several types of legal advice services including the Brydges Line for arrested individuals, criminal and immigration duty counsel, family duty counsel, family advice lawyers, and LawLINE telephone advice. In 2007/2008 these services assisted over 130,000 individuals with criminal, family, and other legal issues. LSS aims to provide prompt legal assistance and access to justice for low-income British Columbians.
This document summarizes key principles of natural justice or procedural fairness in administrative law. It discusses the right to a fair hearing, including adequate disclosure of allegations, the right to answer charges, and the right to cross-examine. It also addresses exceptions, the right to reasons for decisions, statutory rights to reasons, and the rule against bias. The document provides examples from case law from various Caribbean countries to illustrate these principles.
This document provides an introduction to lawsuits and litigation costs in Cambodia. It discusses what a lawsuit is, outlines 10 steps to take before filing one, and describes the process for filing a lawsuit. It also details the various fees involved, including registration taxes, court fees, and party costs. Registration taxes differ based on the type of case and court. Both parties are generally responsible for their own costs, and the losing party may have to pay additional litigation costs. Understanding the financial obligations is an important part of determining whether to pursue legal action.
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
U302 part a the victorian civil justice systemCrystal Delosa
The document provides information about resolving civil disputes in Victoria's justice system. It discusses three main avenues for resolving civil disputes - Consumer Affairs Victoria (CAV), the Victorian Civil and Administrative Tribunal (VCAT), and courts.
CAV is a complaints body that uses conciliation to resolve disputes over issues like consumer goods and tenancies. VCAT is a tribunal that provides lower-cost alternatives to courts using mediation and hearings before members. It covers areas like building and property disputes. Courts provide formal trials and appeals but involve higher costs and longer timeframes. The document outlines the purposes and processes of these dispute resolution bodies in Victoria.
U301 part b reforming the victorian criminal justice systemCrystal Delosa
This document outlines key concepts, skills, and reforms related to the Victorian criminal justice system. It discusses factors that affect the ability of the system to achieve principles of justice, including costs, time, and cultural differences. Recent reforms aimed to improve access to legal services, increase use of technology, expand problem-solving courts, and fund prisoner programs. Recommended reforms suggest increasing funding for legal assistance, improving availability of interpreters, and abolishing unnecessary committal proceedings to reduce delays. The document evaluates how well recent and recommended reforms address issues and achieve fair, equal, and accessible justice.
This document discusses enforcement of administrative policy through various mechanisms and sanctions. It outlines factors that affect regulatory compliance, such as the clarity of rules and assigned responsibilities. It then describes the nature of administrative sanctions, including license suspension/revocation, fines, cease and desist orders, criminal prosecution, economic sanctions like liens, and civil suits. The document provides examples of how different agencies utilize these sanctions and enforcement methods to encourage compliance with administrative regulations.
U301 part a the victorian criminal justice systemCrystal Delosa
The document provides an overview of key concepts in the Victorian criminal justice system, including the principles of justice (fairness, equality and access), key concepts (distinction between summary and indictable offences, burden of proof, standard of proof, presumption of innocence), rights of the accused and victims, and processes for determining a criminal case. It discusses the roles of institutions like Victoria Legal Aid and community legal centres in assisting those accused of crimes and explains concepts like committal proceedings, plea negotiations and the court hierarchy in Victoria.
This document discusses licensing in administrative law. It begins by defining licenses as permits that allow certain regulated activities. It then provides examples of many common licenses issued by the government, from drivers' licenses to broadcast licenses. The main purposes of licensing are to control public resources, allocate limited resources fairly, ensure competence in complex/dangerous fields, and maintain public order. Licensing procedures can vary depending on the license, with denial/revocation typically requiring formal adjudication under the APA. The document concludes by summarizing several relevant court cases related to licensing.
Citizens appeal for more expeditious and timely justice in the Indian legal system. The current system faces many problems that cause delays, including a lack of judges and infrastructure, political influence, corruption, and inefficient investigation practices. Several solutions are proposed, including alternative dispute resolution, prioritizing urgent cases, increasing transparency, appointing specialized police and review bodies, and implementing new technologies to digitize processes. The proposed reforms aim to restore faith in the judiciary by providing guidance to reduce injustice and settle cases in a timely, efficient manner.
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
This document provides an overview of arbitration as a dispute settlement mechanism. It defines arbitration as a private process where disputes are resolved by impartial arbitrators based on rules and procedures selected by the parties. Key features of arbitration identified include that it provides an alternative to national courts, is a private mechanism controlled by the parties, and results in a final and binding decision. The document also contrasts arbitration with national courts, noting arbitration allows more flexibility in procedures and is not bound by a single country's laws.
This document discusses elements of an administrative hearing. It begins by noting that administrative adjudication is subject to due process requirements under the 5th and 14th Amendments regarding liberty and property rights. It then distinguishes rulemaking from adjudication, noting that due process is not required for rulemaking but may be for actions affecting individuals. The rest of the document outlines the adjudication process, including notice requirements, filing an answer, pre-hearing conferences to simplify issues, and administrative hearings presided over by independent administrative law judges.
The document provides an overview of the European Bank for Reconstruction and Development's (EBRD) strategy for Montenegro from 2007-2011. Some key points:
- Montenegro has made progress in transitioning to a market economy and multiparty democracy since gaining independence in 2006. However, challenges remain especially in institutional reform, infrastructure development, and energy sector reform.
- The EBRD's portfolio in Montenegro up to 2006 was limited due to the country's small size, totaling €36.2 million with a focus on infrastructure, financial, and corporate sectors.
- The EBRD's strategic priorities will be supporting private sector development, particularly tourism; continuing infrastructure projects with a transition and regional impact;
This document provides an overview of Montenegro, including its geography, climate, population, history, culture, government, economy, growth opportunities, privatization environment, quality of life, and major investment opportunities. Some key points:
- Montenegro has diverse natural beauty along its coast and mountains, including the Bay of Kotor, St. Stefan, Ulcinj, and four national parks.
- The climate varies from Mediterranean on the coast to continental/mountain in central and northern areas.
- The economy has grown in recent years through reforms and foreign investment, with tourism, infrastructure, energy and industry as growth sectors.
- Privatization and a business-friendly environment have attracted over 4,500 foreign firms from 81
Montenegro has become an attractive real estate market for both domestic and foreign investors due to its stable macroeconomic situation and progress towards EU and NATO integration. Several major tourism development projects have been announced, including Porto Montenegro, a $700 million marina and resort project, and Four Seasons' first Mediterranean hotel within Porto Montenegro. Other announced projects include resorts on Sveti Stefan Island and St. Marco Island, as well as large-scale developments like Lustica Peninsula and Blue Horizon. Real estate prices in Montenegro are considered relatively inexpensive compared to other European destinations.
The document provides economic data on Montenegro, including its ranking on the ease of doing business. Montenegro ranks 51 out of 185 economies on the ease of doing business, with relatively good rankings on getting credit (4) but poorer rankings on dealing with construction permits (176) and registering property (117). The data also shows how Montenegro's rankings and business regulations compare to regional neighbors and best practices worldwide.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
A white paper on eradicating black money and world poverty. It presents a integrated view on black money in real estate, unemployment, poverty, government deficit, corruption, inflation and financial markets and a possible solution through a very simple policy change on how real estate is transacted.
This document provides an overview of the geography and landmarks of Montenegro. It mentions several notable features including Podgorica as the capital city, Skadar Lake as the largest lake in the Balkans, the Tara River canyon as the second largest canyon in the world after the Grand Canyon, Durmitor National Park and Piva Lake, Ostrog Monastery carved into the cliffside, the coastal cities of Ulcinj, Bar, Budva known for its beaches and Sveti Stefan island, and the Bay of Kotor which contains the old walled city of Kotor and is considered the southernmost fjord in Europe. Photos are provided of many of these geographic and historic sites around Montenegro.
The document contains a collection of quotes about design from various individuals. It emphasizes that design must consider the people for whom the object is intended and their common ideas. It stresses that design is not just the aesthetics but also about usability, accessibility, and how it relates to people. Further, design should not try to please everyone but rather focus on accomplishing its particular purpose for its intended audience.
Announced large investment into real estate sector in the Montenegro, list of major developers, and announced tenders for large projects in tourism sector
We have made a progress in some areas, especially in dealing with construction permits, and overall indicators are mainly better, so we are on 44th position in the world for ''ease of doing business''
TIC Magazine est le premier magazine marocain francophone dédié aux Technologies de l’Information et la communication, destiné aux professionnels du secteur au Maroc
Plus d'infos sur http://www.ticmagazine.net
L'offre de Macroscope: Une boîte à outil pour accélérer la mise en œuvre de v...Macroscope®
Macroscope est un référentiel intégré, en version web ou locale, des meilleures pratiques de gestion de la transformation des organisations et des technologies de l’information (TI). Pour plus de détails, visitez: http://macroscope.ca.fujitsu.co
Batir sa strategie editoriale pour seduire ses clients et google - CCI Bordea...echangeurba
Ateliers du Pôle Numérique de la CCI de Bordeaux sur la problématique de "Bâtir sa stratégie éditoriale pour séduire ses clients et Google" des 3 et 5 décembre 2013
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
The document provides an overview of the key stages and processes in the US criminal justice system, including arraignment, arrest, bench trials, bench warrants, bonds, calendar calls, committal hearings, demand for speedy trial, discovery motions, grand jury indictments, jury trials, motion for new trial, motion in limine, motion to suppress, plea bargains, preliminary hearings, pretrial conferences, and warrant application hearings. Each term is briefly defined in one or two sentences.
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
The document provides an overview of arbitration. It defines arbitration as a private dispute resolution procedure where parties agree to submit a dispute to one or more arbitrators who make a binding decision. Key points covered include: the essential elements of an arbitration agreement under Indian law; advantages of arbitration such as cost, timeliness, and confidentiality; modes of arbitration such as institutional and ad hoc; and independence and impartiality of arbitrators. The document also discusses advantages and disadvantages of arbitration compared to litigation.
The Supreme Court’s Decision in Dudenhoeffer: If You Offer a Company Stock Fu...Winston & Strawn LLP
The U.S. Supreme Court’s decision in July in Fifth Third Bancorp v. Dudenhoeffer has opened the door for a resurgence in litigation against the officers, directors, and 401(k) plan fiduciaries of public companies that make available a Company Stock Fund investment option in their 401(k) plans or maintain an employee stock ownership plan (ESOP). Securities fraud class actions against officers and directors almost always follow a significant drop in a company’s stock price. A little over a decade ago, the plaintiffs’ class action bar began suing ERISA plan fiduciaries, which nearly always included officers and directors, for breach of their fiduciary duty of prudence in investing such plans when the company’s stock price declined. Eventually, all but one of the federal appellate courts adopted the so-called “Moench presumption” (essentially, a presumption of prudence) in favor of the plan fiduciaries and these sorts of case foundered. Dudenhoeffer expressly rejects the Moench presumption, opening the way for plaintiffs to restart their earlier lawsuits and begin new ones. That said, the decision also provides meaningful guideposts for how companies might effectively inoculate against such claims.
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ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptxAman298462
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2013 04-11 principled appellate decisionsD. Todd Smith
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In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.
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1. Unleashing law and
order through
January 4, 2013
Contingent fee
agreements (CFA).
By Vishal Gupta, New Delhi
October 2012
1
2. How can you stop a bad guy?
Only a court can put someone behind bars or punish
January 4, 2013
… and no one else.
And even a court can’t put someone behind bars
till a lawyer proves it in court.
Lawyers are
most critical !! 2
3. What’s behind prosecuting?
It requires
January 4, 2013
• Lots of Time
• Lots of Money
• Specialized Legal knowledge
• Specialized investigative skills (detectives etc)
• Specialized evidence gathering (Forensics etc)
• Security of self (Life)
• Witness protection
• Willingness/ dedication of lawyer (professionalism, ethics)
• Will of complainant to prosecute ..
• Courage / pain / determination
• Chances of success 3
• Bait to settle vs investment (time and money)
4. What is the ground reality in India
?
• Govt is normally
January 4, 2013
• short on funds
• Lengthy internal approvals
• Ill-equipped
• Un-willingness to prosecute wealthy
• Lack of legal and investigative skills
• Police does not even file FIRs
Even after charges are framed, the conviction rate is less than
4%
4
Compliance and law enforcement is left to a select few officers..
5. Current summary..
January 4, 2013
The odds of getting caught,
then prosecuted
and convicted
are almost ZERO….
Thus crime… will never end.. 5
6. How other countries handle it?
January 4, 2013
Litigation is a profitable business.
• For lawyers
• For Complainants
Compliance does not have government monopoly.
6
7. How other countries handle it?
There are three pillars …
January 4, 2013
1. Contingent Fee
• success fee based lawyers
2. Fee shifting
• loosing party pays for all legal fees & court fees
3. Punitive Damages
• The looser pays for creating future deterrent.
• The winner gets FULLY compensated for harassment and effort.
7
8. Part 1:
January 4, 2013
Contingent Fee
Agreements (CFA)
Success based fee..for the lawyers
8
9. Law in India – success fee
not allowed
• Rule 20 of Part VI, Chapter II, Section II (Rules Governing
January 4, 2013
Advocates) BCI Rules, which read thus:
• “An Advocate shall not stipulate for a fee contingent on the
results of the litigations or agree to share the proceeds
thereof.”
• if such agreements are brought to the notice of the Bar
Council or the Courts then not only would it be struck down
but the advocate concerned would be subjected to severe
disciplinary proceedings.
9
10. Other countries….
• In 1998, the American Law Institute adopted the Restatement
January 4, 2013
(Third) of the Law Governing Lawyers (the “Restatement”).
• The Restatement provides that, unless the fee is unreasonable, “a
lawyer may contract with a client for a fee the size or payment of
which is contingent on the outcome of a matter.”
• The courts in many countries have stepped in and legalized
the contingent contracts to alleviate the large and currently
overlooked access to justice problem experienced by the
middle class including Canada, UK etc..
10
11. Also reduces case load…
• Economic modeling suggests that
January 4, 2013
• contingent fee arrangements reduce frivolous suits when
compared to hourly fee arrangements.161
• The reasoning is simple: When an attorney’s compensation is
based solely on success, as opposed to hours billed, there is great
incentive to accept and prosecute only meritorious cases.162
• At least one empirical analysis concludes that
• “hourly fees encourage the filing of low-quality suits and increase
the time to settlement (i.e., contingency fees increase legal
quality and decrease the time to settlement).”163
11
12. There are four principal policy
justifications for contingent fee
arrangements.
January 4, 2013
Firstly, such arrangements
• enable the impecunious (having no money) to obtain
representation.
• Such persons cannot afford the costs of litigation unless and
until it is successful.
• Even members of the middle- and upper-socioeconomic classes
may find it difficult to pay legal fees in advance of success and
collection of judgment.
• This is particularly so today as litigation has become more
complex, often involving suits against multiple parties or
multinational entities, and concerning matters requiring expert
scientific and economic evidence. 12
13. Secondly
Contingent fee arrangements can help align the interests of
January 4, 2013
lawyer and client,
as both will have a direct financial stake in the outcome of the
litigation.
13
14. Third
by predicating an attorney’s compensation on the success of a
January 4, 2013
suit,
the attorney is given incentive to function as gatekeeper,
screening cases for both merit and sufficiency of proof,
and lodging only those likely to succeed.13
14
15. Forth
and more generally, all persons of sound mind should be
January 4, 2013
permitted to contract freely,
and restrictions on contingent fee arrangements inhibit this
freedom.14
15
16. Three more reasons
• First
January 4, 2013
• clients, particularly unsophisticated ones, may be unable to
determine when an attorney has underperformed or acted
irresponsibly;15 in these instances, an attorney’s reputation would
be unaffected, and thus the risk of reputational harm would not
adequately protect against malfeasance.
• Second
• even when clients are aware of an attorney’s poor performance
or irresponsibility, they may lack the means, media, or credibility
to effectively harm the attorney’s reputation.
• Third
• the interests of attorney and client are more closely aligned,
ceteris paribus, when fee arrangements are structured so as to 16
minimize perverse incentives.
17. Two areas it does not work..
US ABA Model Rule 1.5(d), which states:
January 4, 2013
• A lawyer shall not enter into an arrangement for, charge, or
collect:
• (1) any fee in a domestic relations matter, the payment or
amount of which is contingent upon the securing of a divorce or
upon the amount of alimony or support, or property settlement
in lieu thereof; or
• (2) a contingent fee for representing a defendant in a criminal
case.48
17
18. Indian Constitution on CFA.
• 14. Equality before law – “The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.”
January 4, 2013
• Lawyers should have equal rights to make contingent contracts,
• 39A. Equal justice and free legal aid. – “The State shall secure that the operation
of the legal system promotes justice, on a basis of equal opportunity, and shall,
in particular, provide free legal aid, by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.”
• Lawyers should be accessible to all sections of society.
• 50. Separation of judiciary from executive. – “The State shall take steps to
separate the judiciary from the executive in the public services of the State.”
• It will enable individuals to get private lawyers in place of government lawyers.
• Compliance checking will get private participation.
18
19. Why does it reduce case load in
Courts?
Lawyers simplify case and only allege charges that can be sustained.
January 4, 2013
• Use simple and concise arguments for the judges.
Faster Case Proceedings
• Multiple steps get completed in single hearings.
• They create urgency for clients to show up on every hearing.
• Lawyers spend more time and working hard outside the courts. Thus
increasing case quality.
Case withdrawals
• There are less takers if lawyer drops a case when there are surprises
by client which will adversely impact outcome.
19
• Lawyers persuade complainants to settle when appropriate.
20. Less cases better filing…
• Complainants get genuine advice about chances of winning.
January 4, 2013
They do not file unless they get lawyer’s buy in.
• Comprehensive evidence gathering happen’s before Lawyer
decides to file a case.
• Lawyers screen cases for merit and sufficiency of proof before
filing.
• Lawyers don’t pick up bad cases to manage reputation.
• They do better preparation and take less adjournments.
• Lawyers do not unnecessarily appeal and stay matters because
they do not get paid per hearing and want quick results.
20
21. Can lawyers misuse it ?
• It can only happen if there are punitive damages or fee shifting.
January 4, 2013
• it can be done even now.
• If lawyers are assumed to have low ethics then CFA is all the
more required to protect client interests.
21
23. Laws in India – Fee Shifting
ineffective
• Rule 100 of the Karnataka Civil Rules of Practice, 1967
January 4, 2013
provides that while awarding costs the fees of the advocates
may also be included. It provides for a schedule which
prescribes the manner in which the court is required to
calculate the same.
• The minimum fee payable in the case of an original suit is Rs.
250, in a regular appeal it is Rs. 350 in case of a small cause
suit it 7% of the value of the amount of the claim set forth in
the plaint subject to a minimum of Rs. 100. Similarly, the
maximum fee prescribed in case of original suits as well as an
appeal is Rs. 15,000.
23
24. Consider..
• Is it practical to sue a corrupt business house in Rs. 15,000?
January 4, 2013
• Why should the person helping prosecute pay from his
pocket?
• Should poor or middle class citizens not have Access to good
lawyers?
The prospect of the losing party paying costs provides a strong
incentive for litigators or third parties to settle at an early stage,
and avoid the costs of litigation altogether. The removal of this
incentive potentially places an additional burden on the courts. 24
25. Indian Constitution on fee
shifting…
January 4, 2013
• 39A. Equal justice and free legal aid. – “The State shall
secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or
other disabilities.”
• This will give all plaintiffs and defendants freedom to choose
any legal assistance.
25
27. Law in India – Punitive damages
very limited.
Being influenced by Rookes v Barnard,[73] the India Court ruled that
punitive damages can be awarded in only three categories:[74]
January 4, 2013
• Cases where the plaintiff is injured by the oppressive, arbitrary or
unconstitutional action by a servant of the Government
• Cases in which the defendant’s conduct has been calculated by him
to make a profit for himself which may well exceed the
compensation payable to the plaintiff, and
• Where provided by statute.
However, this stand has since shifted with an expanding tort
jurisdiction. The Supreme Court accepted a Committee's suggestion to
evolve a "principle of liability – punitive in nature – on account of
vandalism and rioting”.[75] The reasoning given was that it "would deter
people from similar behaviour in the future".[75]
• In an environmental tort case, the defendant was made to pay
exemplary damages “so that it may act as deterrent for others not to 27
cause pollution in any manner”.[76]
28. Punitive Damages..
According to Posner,
January 4, 2013
“Knowing that he will have to pay compensation for harm
inflicted,
the potential injurer will be deterred from inflicting that harm
unless the benefits to him are greater.
If we do not want him to balance costs and benefits in this
fashion, we can add a dollop of punitive damages to make the
costs greater. “
28
29. Punitive damages
A flawed and dangerous process was most famously brought to
January 4, 2013
public attention in the 1981 Ford Pinto “exploding gas tank” case,
Grimshaw v. Ford Motor
• In that case, Ford knew its gas tank design exposed consumers
to serious risk of injury or death but decided not to make
necessary design changes, instead finding it cheaper to pay
liability claims.
There, the court observed that unlike “compensatory damages”
which a manufacturer may find “more profitable to treat as a
part of the cost of doing business rather than to remedy the
defect,” punitive damages cannot be treated as such and so
“remain as the most effective remedy for consumer protection
29
against defectively designed mass-produced articles.”
30. Punitive Damages –
deterrence..
• Must not be capped..
January 4, 2013
• Linked to companies or individual’s wealth.
• Unpredictable…so that it may not become a budget item.
Benefits..
• Creates deterrence
• More compliance
• Higher safety standards
Laws that restrict punitive awards place the public at serious risk.
30
31. Punitive Damages
• The availability of punitive damages protects us all by holding
wrongdoers accountable for egregious misconduct and
January 4, 2013
deterring its future occurrence.
• Perhaps the most significant latent function of punitive
damages is to supplement criminal law. Public authorities
seldom prosecute corporations or their officers for deaths and
serious injuries created by defective products or practices.
• The scams like 2g and commonwealth, the complexity of
bringing groups of people to justice, and the difficulty of
prosecuting high net worth individuals are just a few examples
of the need for a civil supplement to punish and deter
31
organizational Misdeeds.
32. Discussions….
• Who will catch the fish?
January 4, 2013
• Who will invest ?
• How else the system will get fixed ?
Discussions
• Chakravyuh
• Big people don’t have time to prosecute.
Lawyers get more money from culprit than a court would award or
32
a victim might pay.
33. Example:
Factories polluting rivers
• Who will invest money in gathering evidence ?
January 4, 2013
• Who will track the assets of promoters ?
• Who will fight the long drawn legal battle to shut down the
factories and recover money from promoters?
• How much time and money will a government officer invest ?
And how far will he go ?
We need India to invest and mobilize resources in prosecuting 33
the guilty and clean up the culture..
34. Even a rapist in India can’t be
prosecuted…
• The police is not interested in filing FIR.
January 4, 2013
• Normally the girl affected have poor financial background and
cant hire private lawyers.
• A government lawyer has little or perverse incentives.
• The expert help to record crucial evidence is not available.
• If the NGO tries to help, even then the girl withdraws the case
for mere 50,000 rupees.
If India has punitive damages, contingent fee contracts or fee
shifting then a lot of legal and private help could be available to
the victims family till the case gets to its logical end.
34
35. Indian Constitution
on Punitive Damages.
• 14. Equality before law – “The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.”
January 4, 2013
• Corrective penalties should have equitable impact.
• 39A. Equal justice and free legal aid. – “The State shall secure that the operation
of the legal system promotes justice, on a basis of equal opportunity, and shall,
in particular, provide free legal aid, by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.”
• How can people get lower compensation because they are from poorer
background.
• 50. Separation of judiciary from executive. – “The State shall take steps to
separate the judiciary from the executive in the public services of the State.”
• Punitive damages encourages private participation in catching and prosecuting
offenders.
• There is an element of judgment involved (by executive) while choosing to
prosecute which can at least be privatized.
35
36. Advantages of “full justice”
Old System New System
January 4, 2013
Poor people do not have access to Lawyers invest in prosecuting big fish
justice by contracting with poor people.
Low quality work by lawyers High quality fast work from lawyers
Low quality evidence collection High quality evidence collection
Complicated case Better framing of charges
Slow cases – pay per appearance Fast cases
Perverse incentives for lawyers Lawyer interest alignment with case.
Compliance done largely by Private participation in legal
government compliance.
Lawyers discourage settlements Lawyers facilitate settlement
Lawyers do not drops cases Lawyers drop cases as soon as they
loose hope. 36
Slow and clogged court system Fast and efficient courts.
37. Economic benefits
• Higher quality of litigation work.
January 4, 2013
• Attract better talent to the profession due to higher
profitability.
• Create more jobs in the economy.
• Offer higher pool of qualified people for judiciary.
• Better investment climate due to more reliability in business
transactions.
• Better quality of products and services (reduction in wastage
of natural resources)
• Lowers wealth distribution inequality.
37
38. Conclusion
The proposal if accepted could:
January 4, 2013
• Provide equal access to justice for poor.
• Create deterrence for crime and civil offences.
• Increase conviction rates.
• Make Indian justice system more efficient.
People instead of ridiculing the government, themselves would
love to clean up the pond..
38
39. Only active and keen
participation of lawyers
January 4, 2013
can eradicate
corruption.
Let’s encourage the lawyers do their job fully..
39
40. Society’s moral
January 4, 2013
values depend on its
real access to justice.
Which requires contingent fee agreements, punitive
damages and fee shifting.
40
41. If the end goal of an
economy is to produce
January 4, 2013
more happiness..
It must begin with access
to justice.
-Vishal Gupta
41
44. Who want to invest in a
country like Nigeria?
January 4, 2013
Law & Order
Investments
Opportunities
India is ranked at
the bottom for
enforceability of
business contracts.
Jobs 44