Legal Professionals and Campaigners

2016 ◽  
pp. 153-172
Author(s):  
Paul Johnson
Keyword(s):  
Legal Professionals

Clinical Update: Understanding Causation: An Example Using Carpal Tunnel Syndrome

2007 ◽  
Vol 12 (6) ◽  
pp. 5-8 ◽  
Author(s):  
J. Mark Melhorn
Keyword(s):  
Risk Factors ◽  
Carpal Tunnel Syndrome ◽  
Carpal Tunnel ◽  
Legal Responsibility ◽  
Medical Evidence ◽  
Anatomic Structure ◽  
Legal Professionals ◽  
Compensation Systems ◽  
Tunnel Syndrome ◽  
Four Levels

Abstract Medical evidence is drawn from observation, is multifactorial, and relies on the laws of probability rather than a single cause, but, in law, finding causation between a wrongful act and harm is essential to the attribution of legal responsibility. These different perspectives often result in dissatisfaction for litigants, uncertainty for judges, and friction between health care and legal professionals. Carpal tunnel syndrome (CTS) provides an example: Popular notions suggest that CTS results from occupational arm or hand use, but medical factors range from congenital or acquired anatomic structure, age, sex, and body mass index, and perhaps also involving hormonal disorders, diabetes, pregnancy, and others. The law separately considers two separate components of causation: cause in fact (a cause-and-effect relationship exists) and proximate or legal cause (two events are so closely related that liability can be attached to the first event). Workers’ compensation systems are a genuine, no-fault form of insurance, and evaluators should be aware of the relevant thresholds and legal definitions for the jurisdiction in which they provide an opinion. The AMA Guides to the Evaluation of Permanent Impairment contains a large number of specific references and outlines the methodology to evaluate CTS, including both occupational and nonoccupational risk factors and assigning one of four levels of evidence that supports the conclusion.

The Modular Forensic Handwriting Method - 2016 Version

2016 ◽  
Vol 26 ◽  
pp. 7-83 ◽  
Author(s):  
Bryan J. Found ◽  
Carolyne Bird
Keyword(s):  
Cognitive Processes ◽  
Practical Method ◽  
Flow Diagram ◽  
Advisory Group ◽  
Legal Professionals ◽  
Decision Points ◽  
Technological Advances ◽  
Written Form ◽  
The Government ◽  
General Aspects

Overview:   This document provides a summary of a practical method that can be used to compare handwriting (whether text-based or signatures) in the forensic environment. It is intended to serve as an approach to forensic handwriting examination for practitioners actively involved in casework, or for those interested in investigating general aspects of the practice of forensic handwriting examination (for example researchers, academics and legal professionals). The method proposed does not cover in detail all aspects of the examination of handwriting. It does, however, form the framework of forensic handwriting methodology in the government environment in Australia and New Zealand as represented by the Document Examination Specialist Advisory Group (DocSAG). It is noted from the outset that handwriting is examined using complex human perceptual and cognitive processes that can be difficult to accurately and validly describe in written form since, for the most part, these processes are hidden. What is presented here is the agreed general approach that DocSAG practitioners use in the majority of the comparisons that they carry out. The method is based around a flow diagram which structures the comparison process and provides the reader with a guide as to the significant landmark stages commonly worked through in practical handwriting examinations. Where decision points occur within the course of the method flow diagram a series of modules have been developed which describe the nature of the decision under consideration and address relevant theoretical and practical issues. Each module is, as far as is practical, independent of other modules in the method. This assists in facilitating changes in the process over time that may result from theoretical, practical or technological advances in the field. Purchase Volume 26 - Special Issue - $40

Islamic Law and Islamic Legal Professionals in Southeast Asia

2012 ◽  
Author(s):  
Clark B. Lombardi ◽  
Mark Cammack ◽  
Michael Feener ◽  
Amanda Whiting ◽  
Euis Nuraelawati ◽  
...  
Keyword(s):  
Southeast Asia ◽  
Islamic Law ◽  
Legal Professionals

Asbestos and Other Fibrous Materials

1989 ◽  
Author(s):  
H. Catherine W. Skinner ◽  
Malcolm Ross ◽  
Clifford Frondel
Keyword(s):  
Environmental Health ◽  
Inorganic Materials ◽  
Health Hazards ◽  
General Description ◽  
Fibrous Materials ◽  
Legal Professionals ◽  
Naturally Occurring

This comprehensive sourcebook describes the chemical, physical, and mineralogical aspects of fibrous inorganic materials, both synthetic and naturally occurring. A general description of the fibrous state, the range of compounds that can adopt this form, and an overview of the characteristics unique to such materials form the backbone of the book . The authors also assess the application and use of asbestos and other fibrous materials in industry and evaluate their potential as health hazards. The information gathered here will be highly useful to medical investigators and legal professionals involved in environmental health.

scholarly journals Visit to the Faculty of Law in the University of Jos, Nigeria

2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power
Keyword(s):  
The Internet ◽  
Legal Research ◽  
Legal Professionals ◽  
Law Faculty ◽  
The Law ◽  
The University

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!

L'etica nella professione forense

2009 ◽  
pp. 163-172
Author(s):  
Angelo Abignente
Keyword(s):  
Public Interests ◽  
Legal Proceedings ◽  
Legal Professionals ◽  
Positive Law ◽  
Conflicting Interests ◽  
Discursive Participation ◽  
The Moment ◽  
The One ◽  
And Function ◽  
Role And Function

- The positive law tradition has hitherto had nothing to say about the legal profession's role and function, focusing more interest on questions of justice, of the legitimisation of power and of the genesis and organisation of normative material. This trend is now subject to a reversal promoted by new, neo-constitutionalist, narrativist, analytical and hermeneutic experiences, which no longer focuses attention on the moment when law is produced, but on the one when it is applied, reappraising and revitalising the function of the judge, of the attorneys and of other legal professionals. The attorney becomes an active protagonist, an intermediary not only between conflicting interests in a controversy, but also between opposing public interests, while the reappraisal of his role stimulates thinking about the ethical dimension of how the legal profession is practised. Referring to the theories of Habermas and of Alexy, the author treats the reasonable status of argumentation as the supreme ethical instance necessary for a decision that interferes in the sphere of another person's action. At the same time, however, the control of the reasonable status of the respective arguments on both sides is the ethical instance required of the attorneys taking part in the legal proceedings. It takes the form of compliance with the rules characteristic of the practical discourse, primarily the rule of free discursive participation that enables the onus of the argumentation to be explained. Ernesto de

Legal English Difficulties and Ways to Overcome

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
O Shkurat ◽  
◽  
L Gartsunova ◽  
Keyword(s):  
Credit Card ◽  
Nonnative Speakers ◽  
Movement Analysis ◽  
Professional Activity ◽  
Real Problem ◽  
Legal Professionals ◽  
Complex Sentences ◽  
Legal Writing ◽  
Jury Instructions ◽  
Major Factors

Abstract. This article is devoted to the study of legal English and its main characteristics. Legal language is the language used by legal professionals in their professional activity. That fact that historically legal English developed separately from the plain English made it difficult for understanding by laypeople. People find the traditional legal writing in such documents as jury instructions, security disclosures, credit card agreements, apartment leases, cell phone contract, promissory note etc. Even native English speakers often complain that they cannot fully understand the documents written to give them information. The understanding of legal English has been a problem for centuries. It was the cause why the plain English movement arose in the 1970s. The purpose of the movement was to simplify the legal writing, make it simple and clear for average people. This problem arises not only for those people whose native language is English. Nonnative speakers also struggle with the complexity of English legal writing. Ukrainian legal professionals that engaged in the area of international, business or corporate law, have to draft documents in English. Sometimes that could be a real problem because unlike English and American legal schools, the majority of ours don't provide the separate course of English legal writing. The purpose of this article is to give practical advice to Ukrainian lawyers and interpreters, how, taking into account the peculiarities of legal English discourse, to draft documents in clear, simple and understandable way. Results of research. A lot of English and American scientists, lawyers as well as linguists, devoted their studies to the plain English movement. Analysis of their works shows that four major factors had influenced on the development of legal English: historical, sociological, political and jurisprudential. Owing to them legal English is full of words of foreign origin, archaisms, argots and terms of art. These factors also caused the frequent usage of formal words, common usage of common words with uncommon meaning, deliberate ambiguity in legal writing. The studies of legal writing by lawyers have focused basically on vocabulary. Linguists in their researchers have identified some other features: overly complex sentences, passives, nominalizations, multiple negations, archaisms and jargon, inappropriate document design. Described ways of simplifying legal English are quite easy to use. Taking into account tips mentioned in the article, legal professionals will be able to draft documents that will be clear and understandable for general public.

‘[Expletive], that was confusing, wasn’t it?’ Defence lawyers’ and intermediaries’ assessment of the language used to question a child witness

2018 ◽  
Vol 22 (4) ◽  
pp. 411-427 ◽  
Author(s):  
Kirsten Hanna ◽  
Emily Henderson
Keyword(s):  
Developmentally Appropriate ◽  
Child Witnesses ◽  
Child Witness ◽  
Legal Professionals ◽  
Language Problems ◽  
Trial Transcript ◽  
Common Understanding

While language specialists and legal professionals have voiced concerns about the language used to question child witnesses in the Aotearoa/NZ courts, it is unclear whether both groups share a common understanding of what those language problems are. This study compares five Aotearoa/NZ defence lawyers’ and two England/Wales intermediaries’ perceptions of the developmental (in)appropriateness of the language used to question an 11-year-old witness, based on their assessment of the witness’ anonymised trial transcript. The comparison showed that both groups agreed on the categories of language features that might confuse children, however, intermediaries identified many more instances of problematic language within those categories than lawyers. Training on developmentally appropriate language and pre-trial preparation of questions would certainly help lawyers improve the comprehensibility of their questions. However, the implementation of a full intermediary scheme, such as that in England/Wales, probably offers the best prospects for a sustained sea change in questioning practices.

scholarly journals Corporate Law Reform and the Political Environment: An Empirical Analysis Employing Public-Comment Procedure Data in Japan

2017 ◽  
Vol 4 (2) ◽  
pp. 309-328
Author(s):  
Hatsuru MORITA
Keyword(s):  
Business Environment ◽  
Corporate Law ◽  
Law Reform ◽  
The Political ◽  
Political Environment ◽  
Reform Process ◽  
Corporate Managers ◽  
Legal Professionals ◽  
Public Comment ◽  
Technical Issues

AbstractCorporate law shapes the fundamental business environment and affects various stakeholders. It is possible to determine the behaviour of various stakeholders by examining the politics of the reform process of corporate law. In order to understand the process, this paper uses the notice-and-comment procedure (public-comment procedure). Under this procedure, people submit comments to the Ministry of Justice; some of the comments are reflected in the final Bill, while others are not. The paper performs a quantitative analysis of a hand-collected dataset from two recent public-comment procedures on corporate law reform. The results showed that the bureaucrats are rigid and not willing to take public comments seriously. However, on some technical issues, legal academics, and legal professionals influence the behaviour of the bureaucrats. In addition, the bureaucrats employed these comments to honour the technical views of professionals. In other cases, corporate managers significantly influence the reform process.

Sign in / Sign up

Export Citation Format

Share Document