PROS AND CONS OF HIRING TRIAL CONSULTANTS

Introduction

Trial consultants are social scientists, economists, or communication experts who offer assistance to lawyers in their presentation of civil lawsuits or criminal trials. They may also be responsible for preparing witnesses, improving rhetoric and arguments in trials and selection of jurors. Other trial consultants have extended their work to include sessions of arbitration and mock mediation. This is why some of them are referring to themselves as litigation consultants. The main duties of trail consultants however, include witness preparation, mock trials, shadow juries, conducting surveys on community attitude as well as offering expert assistance in presentation of trials.

Majority of trial consults are people with background in law, sociology, psychology, marketing, private investigations, or linguistics. Although jury consultants may have expertise in his or her area of operation, the profession has by far not been regulated. Many scholars have been however, skeptical on the accuracy and the general efficacy by which trial consulting are effective in appraising jurors. This is despite the fact that these jury consultants have claimed accuracy and efficiency in these endeavors. Jury consulting has also been criticized for giving a wrong impression to the public that one can purchase a favorable verdict by selecting the right jury. It is in this perspective where some judges have taken the initiative in appointing consultants for defendants who are indigent. The main reason in seeking the services of a trial or jury consultant is to assist in uncovering the existing bias for potential jurors. Owing to limitation of per-emptory challenges, lawyers may not be so sure on those who are questioned. There role is to offer attorneys the necessary criteria in selecting the ideal jury for their customers and helping them to determine the biases that do not fit such criteria. This paper aims to identify the pros and cons of trial consulting.

Advantages

For lawyers and attorneys, the court is not the only place for relaying or finding the truth, rather they can also use the mock jury for the same. A mock jury with a trial consultant gives way for the attorney in uncovering the truth as well as in discovering the potential performance of the witnesses plus the efficiency of the exhibits presented. If the stakes of the trial are presumed to be high, then it becomes necessary to hire the services of trial consultants in assisting the attorney to measure accurately his or her performance and what can or cannot work through the use of mock trials. In essence, mock trials with trial consultants can be used to improve the trial performance as well as furthering the sense of reality.

Unlike the work of attorneys, trial consultants are more concerned on people and not the law. After all, these trial consultants are not lawyers and therefore, are not indirectly or directly influenced by matters which lawyers may take for granted or those which they may not be aware of because they are deeply entrenched in the technical aspects of the law. Trial consultants are majorly concerned on how to get into the heads of jurors. They are therefore, essential in offering a different perspective of the court which offers an insight and understanding that can make a significance between success and failure.

Another benefit of employing trial consultants is that trial and jury observations are construed from the patterns of behavior expressed which are relayed to these consultants visually, physically , verbally, graphically and or linguistically through handwritten samples obtained in mock trials, focus groups and the real courtroom settings.

Demerits of Hiring Trial Consultants

In most times, trial consulting have given the general public an impression that by using their services, one has great favorable chances of winning the trial although this is not always the case. It should be noted that the success of the trial is a contribution of many factors which are not easily quantified, measured or replicated. Although studies have supported the notion that trial consultants do help in improving the performance of court cases, it should also be noted that such cases are not similar as trial consultants are more essential in some cases and less essential in other cases. The case facts/ or evidence would be the best determinant on the effectiveness of a trial consultant in a particular case.

Since trial consultants are majorly concerned on how to persuade the reaction of the juror to evidence, there is no doubt that they are bound to offer a significant help especially in cases which can be openly interpreted. However, cases with strong evidence which is tilted in favor of one side (for instance, a criminal case with eye witnesses or DNA/ fingerprint evidence) outweighs the characteristics of the juror. In such situations, the choices in jury selections with or without trial consultants will have a lesser chance if any in changing the trial outcome.

Other arguments that have also been raised against jury consulting are those concerning equal access to services. According to these opponents, it is unjust and not fair at all when parties with sufficient financial resources resort to hiring experts in the form of handpicked jurors who become biased towards their client’s preposition. In this perspective, only elite people or large entities will access the services of these trail consultants which in most cases are costly. This leaves an average litigant with a justice system that can be categorized as second class.

Conclusion

In conclusion, it may be argued that trial consultants are most valuable in cases whose evidence are ambiguous, or those whose outcome is likely to be negative. However, it should be taken into consideration that the main goal in trial consulting is to limit the level of damages (and if the case was a criminal one, influence a judgment that is more favorable). There is no doubt that this profession have been successful in many instances, and this is the reason why they are thriving in the market. It is also the reason why they are being sought after by attorneys and litigants.

Apparently, trial consultants with enough experience and effectiveness would make the job of attorneys to appear very easy. Just like other professionals, their services can also be regarded as significant. Similar to other services in the market, the services driven offered by trial consultants are chiefly driven by client demands. This means that if there were no potential customers, trial consultants could not have been in the market today. For trial consultants, the customers are litigants and trial attorneys who were have a significant demand on them.

Abuse Allegations In Family Law

Manipulating The Courts Through Allegations

Falsely accusing your former spouse of abuse, whether domestic or child abuse, is a common tactic in the Family Court System. Don’t be surprised if your ex throws this one at you. Given the current political and social attitude towards child abusers. It has become a witch hunt to eradicate these animals from our society. Because you are going through a divorce the chances that this tactic will be used are very good. The reason is simple: “If you are accused of being an abuser, then the kids will go to mom and you will pay through the nose to support her.”

From The Dads House National Moderator:
Due to “unannounced” changes to Squidoo page designs, the Dads House Manual has been moved to http://www.DadsHouseEdCtr.org.

Approximately 28 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.1 In New York, Ohio, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State code.

Twenty States and the Virgin Islands classify false reporting as a misdemeanor or similar charge.2 In Florida, Tennessee, and Texas, false reporting is a felony, while in Arkansas, Illinois, Indiana, Missouri, and Virginia, second or subsequent offenses are upgraded to felonies.

In Michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. No criminal penalties are imposed in California, Maine, Montana, Minnesota, and Nebraska; however, immunity from civil or criminal action that is provided to reporters of abuse or neglect is not extended to those who make a false report.

Eleven States and the Virgin Islands specify the penalties for making a false report.3 Upon conviction, the reporter can face jail terms ranging from 30 days to 5 years or fines ranging from $200 to $5,000. Florida imposes the most severe penalties: In addition to a court sentence of 5 years and $5,000, the Department of Children and Family Services may fine the reporter up to $10,000. In six States the reporter may be civilly liable for any damages caused by the report.4

To access the statutes for a specific State or territory, visit the State Statutes Search.

Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wyoming.
Arizona, Arkansas, Colorado, Illinois (disorderly conduct), Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Virginia, Washington, and Wyoming.
Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, Rhode Island, South Carolina, Texas, Washington, and Wyoming.
California, Colorado, Idaho, Indiana, Minnesota, and North Dakota.

Dealing With Allegations
Of Sexual Abuse

Allegations that a parent or some other person has been sexually abusing a child should always be taken very seriously by that child’s parents. If allegations have been made concerning the sexual abuse of your child, here are some things that you should do.

Investigation Of The Abuse:
Have your child seen by an expert who is highly qualified to determine whether your child has been sexually abused. (See below on how to qualify an expert). Insist that all “counseling” or investigative session between your child and the expert be videotaped or at least recorded.

If your child underwent a medical examination concerning the abuse, make certain that the results were confirmed with a colposcopy examination by a pediatrician who is knowledgeable about child abuse issues. A colposcopy is a magnification and photographic device for examining the vagina and cervix.

Obtain copies of all records concerning the EARLIEST statements made by the child about the abuse. If there are no, records, get sworn affidavits from the persons to whom the earliest disclosures were made.

Investigate the background of all the persons having contact with the child – especially those persons living with the child. Divorce and custody actions, sexual relationship problems, abuse experienced by either parent, etc., may provide some insight for the claims of abuse.

READ, READ, READ, all the materials that you can concerning child sexual abuse.

Child Abuse Experts

Child abuse experts may be licensed psychologists, social workers, or psychiatrists. However, the expert should have specific training in child abuse matters. One of the first things you should do is get a copy of the expert’s resume and a list of any publications made by the expert.

You may wish to have the expert deposed to determine the extent of the expert’s experience in diagnosing and treating molested children and the extent of his or her ongoing education in the field. Find out what data the expert is relying upon and the names of the people the expert recognizes as leaders in the field.

The expert should have handled numerous cases in which he or she found that the child was molested as well as cases in which he or she found that the child was not molested. If the expert comes to the same conclusion in the vast majority of the cases he or she has handled this may be a clear sign that the expert has a bias.

The expert should be highly familiar with “peer-reviewed empirically based” literature in the field. It is a good idea to find an expert who is a member of multi-disciplinary organizations that are active in unbiased research on the area of child sexual abuse. Find out if the expert treats children, who have been molested, are molesters, or non-abusing parents of molested children.

Finally, you may wish to hire another expert to analyze the expert’s knowledge and abilities.
Your Child
You Think Someone Has Abused Your Child

Remember that revenge is not your primary goal. Keep your child’s best interests in mind at all time.

Get help from a therapist or support group to deal with your feelings. Do not feel hurt if your therapist or attorney questions your motives for making child abuse allegations.

It is in your child’s best interest to have your motivations thoroughly questioned. Quite often, children who misinterpret their parent’s actions can make allegations of abuse. Often these children make abuse allegations to make one parent “happy” without recognizing the consequences of the allegations. Once an allegation is made, children often undergo an investigation process that can create memories of abuse that never happened.

Do not discuss the allegations of abuse with friends or family. Do discuss your concerns with your attorney and your therapist – these conversations are privileged. Discussions with anyone else could get you sued for defamation of character.

If the other side seriously challenges your credibility, ask the court to appoint a Guardian Ad Litem to represent your child’s interests. Make certain that this attorney has specialized training in sexual abuse cases.

Discuss with your attorney and your child’s therapists about the pros and cons of allowing the other side to have supervised contact with your child during the investigation stages. If the accused molester is your child is the other parent, remember that children who lose total contact with one of their parents can be just as adversely affected.
If Accused Of Abuse

If the police question you, remember that you have the right to remain silent and the right to an attorney.

Discuss with your attorney whether you should talk to child abuse investigators without your attorney being present. If you do talk to the investigators make certain a recording is made of the conversation.

Keep focused on your child’s best interests. Many child abuse allegations are made in good faith. Understand that a parent who even suspects that sexually abuse of their child has a duty to investigate that allegation. Often these investigations will show that someone else is molesting your child.

If you have solid evidence that your accuser made up the abuse allegation, seriously consider suing that person (see below) for defamation of character or intentional infliction of emotional distress. Discuss these options with your attorney. Also, discuss with your attorney whether you should sue the other side’s expert for professional malpractice.

Strongly consider only having supervised visitations during the investigation stages of the allegation. The person who supervises the visitations may be your best witness in clearing you of the allegation.

Discuss with your attorney the pros and cons of taking a lie detector tests. More and more courts are admitting these tests. If you do decide to take the test, make certain that your attorney hires the person who will administer the test. That way the test results may be considered privileged if they are negative.
Defending Against

First, you must fully understand that when defending abuse cases the accused is guilty until proved innocent. It is arguably the one crime or tort where the accused must literally try to prove a negative. To do so, please know that most judges and juries will err on the side of caution – on the side of a woman’s or child’s abuse outcry.

There are three types of accusers:

Malicious
Mental
Mistaken

While only 2%-5% of abuse allegations are false; ones made in bad faith with malice aforethought, another 60% or more are unfounded, or without foundation. It is essential that your defense team be adept at adjoining science with the law.

In other words, your case will require an expert, or experts to work with your attorney because most attorneys do not understand what source misattributions are, or what other conditions could cause bilateral retinal hemorrhages, or the significance of male propensity testing in an abuse case.

It is essential you choose the correct attorney(s) to litigate (not mediate) your case(s) in juvenile, family, criminal, and/or administrative law court. You may also need a forensic trial expert consultant to work with your litigator(s) and help she/he/them with questions on Direct and Cross Examination of all witnesses, especially experts.

Impeaching a young child’s outcry of sexual abuse cannot be done alone by an attorney without an expert reviewing and critiquing the child’s forensic interview on DVD/Video/Audio/Transcript, therapists’ session progress notes, medical rape exam report, and CPS/Police Intake notes, reports, et al.

Lawyers can only conduct a cross-examination, and recross, of adverse witnesses in court. They cannot issue reports that can come into evidence on the record and cannot testify in court as experts to reasonable degrees of scientific certainty.

Make no mistake. In cases of, “he said” – “she said” – and/or what a young child said – with no proof or evidence, your win or loss in court may very well come down to a battle of the experts. Moreover, they are not all created equal. However, take solace in knowing that an aggressive and proactive defense team, and strategy, can intimidate and force the prosecution/plaintiff/petitioner into a settlement; one that not only can clear your good name, but also afford you normal parenting time with your child(ren).

You should realize the impact that child abuse allegations, and/or charges, may have on your life. As a suspect in an abuse case, you may:

Have your child or children removed from your care;
Lose custody or visitation rights;
Be arrested and jailed;
Have your future career prospects ruined; and
Have friends and/or relatives turn against you;

If it is a sexual abuse charge, add to the list having criminal charges filed against you, your name added to a Central Registry of potential child abusers, labeling you as a sex offender. In some states, even if innocent, your name can still be added to a list simply because of the allegation.

This is all before you have been convicted, possibly not even charged with anything, and is supposedly presumed innocent until proved guilty. You may find yourself fighting charges in civil, criminal, and juvenile court, sometimes all at the same time. If convicted, you may receive a sentence for up to life in prison depending on the charge and the state in which you are convicted.

To make matters worse, case law exist to allow hearsay evidence as admissible in cases of child abuse. What this means is that the standards of evidence required for common criminals may not apply to child abuse cases. It is important to deal with the issue of child abuse in our society. However, denying individuals their Constitutional rights and due process of law to that end is not the way.

What About The Children?

You should be aware of the problems the child in an abuse case may face. They may be separated from you for long periods, even years is not uncommon in these cases. They may also be subjected to various physical, and/or psychological examinations.

During the interview process, the children may be turned against you. Eventually come to believe that something really did happen. Note the 1980s McMartin Preschool case where the “ethical” professionals guided the interrogation of the children to build their case. These are the same tactics used in POW camps as psychological warfare. All in the “best interest of the child” mind you! Poorly trained interviewers often “coach” a child into giving the answers they want.

The child may become confused by the leading format of the questioning and try to give the answers they believe the authority figure wants to hear. The child becomes labeled as an “abused child” and may be subjected to psychological treatment, furthering their belief that something must have happened.

How to Have a Harmonious Relationship with Your Mother in Law

If you conduct a survey, most of the married men and women would keep the domestic harmony or peace in the house as one of the top five priorities, if not the top priority.

Everyone wants to come to home which has a peaceful and welcoming vibrations. It is the harmony in relationships among the family members which is one of the pillars of a good domestic life. It is the sweetness of the relationship which makes the house a home.

One of the important yet delicate relationships in a family is the mother in law and daughter in law relation, closely followed by mother in law and son in law relation. The next in hierarchy and perhaps less bothering are the relations with father in law. Naturally it is the relations with mother in law which needs to given more importance.
About the Author

Sundeep Kataria is a wellness consultant and astrologer. Till now he has counseled many individuals, couples and families in their general life improvement with his expert services like Astrology, Career Counseling and Executive Coaching.

His services are sought by people from all fields and from all over the word.

The contents of this hub are straight from his years of professional experience.
The secret to maintaining a sweet and harmonious relationship with Mother in Law

Remember that the mother in law is also a human being.

She too has her own set of strengths, tastes, preferences, weaknesses, likes and dislikes just like any common person. Any methods or techniques which you have been successful with while dealing with others can give you effective results if applied with a genuine approach and sincerity to deal with your mother in law.
Source
Praise her

It may sound like a tip straight from the book “How To Win Friends and Influence People” but it is effective and practical. No person can resist the magic of being praised and more so if it is done in the public.

But the trick is to be genuine in your praise rather than being artificial or mechanical.

How can you do that?

Well here is a tip. She being the elder than you definitely has more experience in life.

Any idea what you can praise her for?

Well if you watch her, talk to her or listen to her, there will be plenty of inputs. Her actions, thoughts and will have very genuine intentions, prudence and maturity. Your mother in law could be one who makes best pickle or has a secret mouth watering recipe. She has knitted a lovely sweater for your baby. All these and much more needs to be noticed and acknowledged by you.

The recognition of personality and respect accorded to her is one of the most important prerequisites to win her heart and ensure a harmonious relationship.
Consulting your mother in law leads to trust building
Consulting your mother in law leads to trust building | Source
Consult your Mother in Law

If consulted with respect, your mother in law will not only give you right advice but may even offer to do it for you (if case be). This will increase the mutual trust. She will always be around whenever you or the family needs it. Needless to say she can be most effective trouble shooter.

It pays to involve the elders such as parents and parents in law in major decisions of the family such as buying a property, settling abroad etc. This way not only you ensure a good rapport and good relations but also earn their support and blessings – which are so necessary.
Must Watch! The Mother in law and The Daughter in law
Give her time

In most of the households, at this stage, the elders have either played their career innings or are near the finish line. Whereas, you in sharp contrast, may be too busy building up your career and perhaps have little time even to be yourself alone. Thereby there are separate set of priorities with almost nothing in common between the two lists of priorities. This is the root cause of the trouble because there is basic difference in opinion.

The best solution is to consciously plan to spend some quality time with your mother in law every day, especially if you are a daughter in law and live in a joint family. In case you live separately then being with her at least once in a week should be must in your time management.

This will kill two birds with one stone. The mother in law will have no (or less now) complaint about you not giving time to her. Secondly, the time spent together will be well utilized to build the rapport, leading to good relations with her, especially if you practice the tips given here.
Don’t drag her into your fight with your spouse

The husband and wife fights are not uncommon. There would be many issues which are between two of you and no way have the parents in law had anything to do with it. Such situations should never be brought up with your mother in law as it would unnecessarily cause mental anguish.

I get cases for consultation where there are tiffs between husband and wife over very intimate issues and the parents of both sides are pulled in. This is not right!

Sort out your own issues wisely and amicably but don’t involve them please.
Learn to express yourself clearly but respectfully

At times you may find that your mother in law is speaking in favor of her daughter or son. Don’t react !

This is not an automatic license for you to be rude to her.

This is time to analyze that why she is doing so. Perhaps she does not have full or correct or complete information. You may like to explain the situation and facts to her which will help her see the things in the right perspective. Using harsh words or resorting to arguments will benefit no one.

Always keep in mind that the elders are very sensitive and even one small act from you can keep them very disturbed for long. Check out: Why it Hurts More When Harsh Words Come from the Loved One?

On the contrary, acknowledging her presence in the house, respecting her position in the family will be immediately noticed by the mother in law and it way go a long way to build up very good relations.
Know what she wants

The children are very spontaneous and clearly tell what they need or don’t need. But as we grow old we feel increasingly restricted to express ourselves clearly due to a number of factors.

So when you are with your parents in law and specially mother in law, it would be a good idea to ask if they need anything or they prefer something to be done in a particular fashion.

Believe you me, you will get tons of blessings from her for this act of yours. Once again it will build a strong bond between two of you.
Respect the elders in family
Respect the elders in family | Source
Small gestures go a long way

Small gestures like wishing your Mother in Law in the Morning, or saying things like:

“I am going to the market, do you need anything”

“Is the air conditioner in your room working alright?”

“I am sorry, I think I put some extra salt in the soup by mistake”

will go a long way in building an excellent rapport and harmonious environment. You will be amazed to see that what your mother in law can do for you now!
Must Watch! Why to respect elders?
Respect all elders

The nature seeks balance. Just like in a workout you give exercise to all parts of the body and not just your biceps or shoulders, similarly don’t aim to develop a harmonious relationship with your mother in law alone.

In fact, respect your father, mother, father in law and seek their blessings too. This tips is effective for building better relations with not only your mother in law but with all the elder members of the family.
Try these also:

Give your mother in law your company and be her friend.
Trust her
Respect her
Teach your children also to respect and love their grandparents
Be a good listener
Don’t argue when she is angry.
Don’t come in between her son or daughter ( your spouse)
Understand and appreciate and her point of view also
Don’t complain to her about her family of which you are a part now.
Don’t blame her for the family’s past

Parents Love Their Children …Always
Parents Love Their Children …Always | Source
Summary

To have a blissful family life you must succeed to develop a strong relationship orientation in your behavior. Gain the trust and a friendly rapport with not only your father in law and mother in law but also mother, father, spouse and children. Please see “I have wonderful parents, do I need to seek God?”

A Happy and Loving Family
Source
A check about your equation with your mother in law.
How would you see you relations with your mother in law?

Excellent, respectful.
Warm and friendly.
Not good but I think the relationship may be repairable.
Indifferent, I don’t care
Yes, I have had a bad relationship.

See results without voting
Other hubs which might interest you:

Roles and Responsibilities in the Family
There are primary and secondary roles and responsibilities within the family. Primary are biologically based according to male and female; whereas secondary are divided among family members.
The Role of Traditions in Establishing Family Unity
We often think of tradition in relationship to holiday celebrations. A tradition is also a regular practice we incorporate into our family life that promotes meaning, purpose, and unity.
Visits With Mom
A colorful description of my mom’s frequent visits. Don’t worry.She’s read this and has approved, probably because she knows it’s true. It’s a tribute to her-one that I think you’ll find comical.

Faxless Payday Loan Phone – Get Loan By Making A Simple Phone Call

The inventions of science have made the life of common man comfortable in every field of life. Whether it is a field of loan or any other, in the past there were no means of filling the application form online. The entire application form had to be filled up manually to the loan applicant. Moreover, the applicant had to stand in raw in waiting of his turn. The process of filling the application form did not finish here too, the applicants had to fax documents like, driving license, job proof, etc. In spite of having completed this boring process, the applicant had to wait for approval for many days.

But it is not so now, for faxless payday loan phone the applicant has a need to make a call only to the loan lender company. On the other hand, the applicants are to fill up an application form with few details about themselves like; name, address, contact number, account number and the list goes on. The loan approval comes in the minutes. After that, the accepted amount is deposited in to the bank account of the applicant on the sameday of applying. The applicants can take this amount out from their account and meet their urgent needs of household expenses, festival expenses, grocery store bills, buying new clothes, and the rest.

Ahead of going for the faxless payday loan phone, there are few preconditions to be qualified for all of you. That’s all you must be above 18 years old of age, you must be an employee in any organization or have a regular organ of revenue of at least $1000 or more and must be the citizen of U.S.A. and further more must have an active checking account f at least 6 months that is an essential quota of this loan process. Having all these criteria, the amount ranges from $100 to $1500 will be in your account spontaneously for a repayment period of 2-4 weeks. The rate of interest is bit higher due to its short-terms repayment duration or loan amount. The pay attention thing of this loan that is, borrowers must repay the amount on due time otherwise the rate of interest will be boosted further on their loan amount.

The Four Major Divisions Of Hinduism

The four Hindu denominations or divisions are the Saivism, Shaktism, Smartism, and Vaishnavism. Hinduism is a very rich and complex religion.

Each of its four denominations shares rituals, beliefs, traditions, and personal gods with one another, but each sect has a unique philosophy on how to achieve life’s ultimate goal, which is liberation and is also known as moksa. For example, a person can be a devotee to Shiva and a Vishnu devotee, but one can practice the Advaita Vedanta philosophy, which believes there is no difference between Brahman and a person’s individual soul.

Conversely, a Hindu may follow the Dvaita philosophy, which stresses that Brahman and the soul are not the same. However, each denomination fundamentally believes in different methods of self realization and in different aspects of the one supreme being. However, each denomination respects and accepts all others, and conflict of any kind is rare.

Vaishnavism, Saivism, and Shaktism, respectively believe in a monotheistic ideal of Vishnu, which is often as Krishna, Shiva, or Devi. This view does not exclude other personal gods, as they are understood to be aspects of the chosen ideal. For instance, to many devotees of Krishna, Shiva is seen as having sprung from Krishna’s creative force. Ganesha worshipers would connect themselves with Shiva as Shiva is the father of Ganesha, making him a Shaiv deity.

Often times, the monad Brahman is seen as the one source, with all other gods emanating from there. As a result, with all Hindus, there is a strong belief in all paths being true religions that lead to one God or source, whatever one chooses to call the ultimate truth. As the Vedas, which are the most important Hindu scriptures, state that truth is one, the wise call it by various names.

Smartism, is monist as well as a monotheist and understands different deities as representing the various aspects and principles of one supreme entity, Brahman or parabrahman. Teachers such as Swami Vivekananda, who brought Hinduism to the west, held beliefs like those found in Smartism, although he usually referred to his religion as Vedanta. Other denominations of Hinduism do not strictly hold this belief.

A Smartist would have no problem worshiping Shiva or Vishnu together as he views the different aspects of God as leading to the same One God. It is the Smarta view that dominates the view of Hinduism in the west, but in contrast, a Vaishnavite considers Vishnu as the one true God, worthy of worship and other forms as subordinate. Accordingly, many Vaishnavites, for example, believe that only Vishnu can grant moksha. Similarly, many Shaivites also hold similar beliefs for Shiva.

There are some Hindus who consider the various deities not as forms of the one Ishvara, but as independently existing entities, and may thus be properly considered polytheists. Although, the pantheistic tendency in Hinduism allowed only a subordinate rank to the old polytheistic gods, they continued to occupy an important place in the affections of individual Hindus and were still represented as exercising considerable influence on the destinies of man.

4 Signs You Need A Legal Nurse Consultant

There comes a time in every lawyer’s career who works on medical cases when he or she may need assistance with the case. A legal nursing consultant can be just the person. Here are 4 signs that you should hire one to help with your case:

1. Questioning Claims’ Merit
Before you even take a case, you need to know whether or not the claim has any merit. You need someone who can examine the case for fraud, abuse of Medicaid or Medicare, or potential misconduct. You don’t want to take a case only to figure out that your client’s claim was completely off base. Using a medical professional to review the case allows you to get an educated prospective, so you’ll know whether or not the case is worth your time and effort.

2. Understanding Medical Terminology
As you’re reviewing your client’s case, you’re going to run into medical terminology that you probably don’t know. How can you understand how the information pertains to your case if you don’t understand what is being said? A medical professional can interpret medical records and translate the terms for you. He or she can explain the diagnosis and treatment plan in a way that you understand. He or she can also complete research for you to find information that will build the case and help you determine the best way to proceed. Using this research, you can have the medical professional draft questions that you can ask during the trial and write reports that you can study to prepare for the case.

3. Requiring Medical Evidence
As you prepare to go to trial, you need to stack the deck in your direction. You need to have plenty of evidence to present to prove that your client’s claims are valid. You need to prepare a timeline of events, illustrations, and demonstrations. A medical professional can assist you with this using the research and personal experience and knowledge. He or she can also educate you on how to use these in court and explain it to the jury, so you can sound competent on the subject and build your credibility for the case. Your medical professional can also assist you with tracking down expert witnesses that can testify in court, and he or she can prepare them for trial so they will feel more comfortable on the stand.

4. Confused Clients
Is your client confused about the case? Does he or she understand what’s happening? If you’re unsure about medical terminology, it can be difficult to explain to someone else. A medical professional can interact with your client, helping him or her understand what’s going on throughout the legal process. Using this information, he or she can prepare your client for the deposition and trial. You’ll find that you can also get assistance during your preparation by preparing reports that you can refer to, so you feel comfortable moving forward. It would also be wise to have your medical professional attend the deposition, trial, mediation hearing, and other meetings. He or she will be able to explain anything that you and your client need clarification about, so you can make wise decisions in regards to the case.

When you notice one of these signs, you should hire a legal nursing consultant. Having someone on your team that has experience in the medical field, as well as the legal field will be an invaluable asset to help you prepare and win your case. Find someone who has the proper certification to ensure that he or she has the experience and training that you need to get the level of service that you expect to help you throughout your case.

Why Have an Expert Witness in a Personal Injury Case

— Why Witnesses Are Important to a Personal Injury Case —
Witnesses are often called to the stand in personal injury cases. They are utilized in order to provide clarity when aspects of the accident are contested. As an example, an eyewitness to the car wreck can recount their view of the accident’s occurrence from an objective position.

Expert witnesses play a different role than an eyewitness. Experts have extensive education or experience in matters related to the accident, such as technical knowledge in automotive mechanics. For a case related to a car accident, such expertise makes that witness an invaluable resource regarding details that must be proven to have occurred or played a significant role in the accident.

Expert witnesses have rarely been on the scene when an accident occurred. But they are able to provide testimony in regards to critical aspects of the claim. The expert witness’ role is key to determinations related to the case because he or she has expert knowledge that other parties in the case do not. This knowledge is needed to prove claims made based upon the findings of accident investigations.

Experts are in no way related to the parties in the case, so their testimony is objective and impartial, based only upon factual information and theories related to their area of knowledge.

— Types of Personal Injury Case Expert Witnesses —
Expert witnesses vary in type for personal injury cases. Two such types of expert witnesses are the consulting witness and testifying expert.

Consulting witnesses use their knowledge and experience to help parties in the case understand key issues and facts on which the case is based. Consulting witnesses do not appear in court or testify on the stand. But their role is very important because they are positioned to enable attorneys to clearly understand and relay complex and technical issues as part of the personal injury case.

Testifying experts do appear in court and testify on the stand in order to effectively communicate pertinent issues to the jury, judge and others in the case. This is the primary difference between consulting and testifying experts.

An expert may be categorized as both consulting and testifying. How the expert is designated plays a role in discovery and applicable rules. A consulting expert’s information used in litigation does not have to be discovered by the opposing parties, whereas a testifying expert’s information to be shared is able to be discovered.

— Specializations of Personal Injury Case Expert Witnesses —
In personal injury cases, there are common types of expert witnesses used to prove a case. Specialists from the healthcare and medical fields are commonly engaged as expert witnesses to testify about issues such as the injuries suffered by the victims, options for their recovery and information about required treatments.

Medical malpractice-related cases almost always necessitate medical experts. Such experts must provide testimony about healthcare standards and how the defendant did not meet this standard of care in regard to the claim. The medical expert’s testimony plays a significant role in a medical malpractice case.

Engineering experts are commonly utilized to testify in personal injury cases based upon premises liability. Engineering experts provide testimony in regard to building construction, structural issues or other topics such as improper roadway maintenance.

Common to auto accident claims are manufacturing experts. These experts provide testimony in regard to defective automotive parts or products. They can illustrate how the defective parts led to accident related injuries.

When an accident financially impacts an accident victim, economic experts can provide testimony about how the wreck has negatively affected the victim’s ability to earn an income. They may also provide expertise in financial valuation of losses related to the claim.

These fall under Rule 702 – Testimony by Expert Witness (source: Cornell LII)

— Significance of Personal Injury Case Expert Witnesses —
Expert witnesses are not required for all personal injury cases. But cases of motor vehicle accidents, slip and fall accidents, claims of product liability and other such cases often benefit from the information an expert witness can objectively provide.

Expert analysis of personal injury case information can clarify details of the case with impartiality. Using their special knowledge, training and education, these witnesses often shed light on issues affecting judge or jury decisions.

Victims are permitted to use experts for case investigation and review as needed. These witnesses are invaluable in proving claim credibility and explanation of difficult subject matter in ways that laymen can understand the issues. Victim case outcome is often related to expert witness testimony and how those experts relayed information to the judge and jury.

Personal injury attorneys help victims of personal injury claims decide when and how to use expert witnesses, before they are retained. These attorneys understand the important role the witnesses play and when they may be needed to gain a favorable outcome toward settlement or in court.

Article Source: http://EzineArticles.com/9456166

Discover Your Career Opportunities With a Law Degree

“I like to pursue a law degree, but I hate to become a lawyer. What else can I do with my law degree besides being a lawyer?” You may be frustrating with this question in deciding to take up a law degree program because you worry that the law degree can’t help you to find a career after graduation. Most often people with a law degree pursue careers as lawyers, but you are not limited to this career with a law degree. Law degree students find many career opportunities in other fields such as banks, real estates and factories and they also manage restaurants and hotels, and work as university’s administrator. This article will help you discover some of career opportunities with a law degree.

1. Legal Consultant

Do you know that many large organizations such as Intel Technology Corporation, the giant manufacturer for CPU and chipset have a legal department in the company? Corporations have a variety of problems that require them to have an attorney or a team of attorneys on staff. They provide legal consultancy to the company on labor negotiations, tax law, investment, public releases, product manuals, public announcement notes, public release news and other legal related activities. You can start you career as a legal consultant to a corporate with your law degree. If you want to involve in business field with a law degree, then, you should choose a law degree that consists of courses in management or business administration besides the major law’s courses.

2. Evidence Law Consultant

If you have knowledge or have working in medical genetic field, then a law degree could provides a great help in your career. You could work as an evidence law consultant in courtroom, when a jury is presented with DNA evidence, your legal expertise is needed to help those member in the jury in solving many legal questions.

3. Wills & Trusts Writer

Many people have started to realize the important of having a will & trust in their estate planning. It’s a booming field as the market is exploring and it creates a good career opportunity for those students who are taking a law degree that major in this area. Today, a will is no long just a piece of paper with directives from a decreased individual. A living will has gained it popularity in today society. Such new and emerging market needs have created new career opportunity for the law degree students.

4. IP Consultant

Since the mergence of Internet has given rise to the need for experts related to the intellectual property (IP). If you are earning a law degree that major in Intellectual Property Law, you may start your career as an IP consultant. Software companies and companies with new products & technologies development will need your service to protect their IP right and resolve any copyright issue.

In Summary

Although most law degree students are having their careers with a law related job, but their workplaces are not limited to legal firm. Many businesses and companies require law expertise or legal consultant on staff. Hence, with the unlimited career opportunities available for law degree students, you do not need to worry about your future. Go ahead to pursue your preference law degree as your career opportunities are waiting for you.

Article Source: http://EzineArticles.com/717750

Jo’burg Brain Food event

Meltwater will host the first Jo’burg Brain Food event at The Venue in Melrose Arch on 3 September from 5.30pm – 8pm…
Jo’burg Brain Food eventThe menu for this event is Digital Influence: the challenges of getting it, guiding it and growing it in today’s hyper-connected world. It is one of the biggest issues facing marketing teams, but the rules of the game have changed. Big brands, organisations and governments are now competing for share of influence alongside anyone with a Twitter handle. Engagement etiquette is different. Communications strategies can shift in minutes and, no amount of marketing spend can cut through if the influence strategy isn’t right.

Our headline speaker is Emma Sadleir a media law consultant and social media influencer – with a special focus on internet and digital related issues. A regular keynote and thought leader, Emma features regularly on radio, online and in magazines providing her specialist knowledge.

More speakers will follow, so don’t delay in claiming your seat (only 150 available). Click here for more information.

Entertainment law expert to share LA experience

South African actors, scriptwriters, musicians and producers are much in demand, what with all the full length feature films, television series and million dollar advertising campaigns being shot locally. Thus there is a critical need to understand entertainment law in order to protect creative property, and entertainment law consultant Deborah Lazarus is running a three-day course at the end of August 2007 in Cape Town.
Scriptwriter agreements, the rights of musicians who compose music for films and legal issues surrounding content development for television and film are just some of the areas in which disputes can arise.

Another key area that creatives need to keep in mind relates to rights acquisition and legal issues that arise in connection with content development for film and television.

On the production side, they need to educate themselves about “above-the-line” agreements entered into during pre-production and production stages including: scriptwriter agreements, director agreements, actor agreements, depiction releases and producer agreements.

Musicians hired to compose an original music score also need to be aware of their rights in terms of synchronisation licences and master use licences.

Expert in the field

Lazarus is a Capetonian who provides consulting services and strategic advice to corporations and individuals in the film and television industry. Her clients include actors, agents, composers, directors, models, musicians, producers, production companies, record labels and writers. She gained her knowledge of entertainment law and the business of film and television while working at a top entertainment law firm in Los Angeles

Lazarus, who was admitted as an Advocate of the Supreme Court of South Africa in 1996 and is also admitted to practice law in the State of California, is able to provide a broad overview of the film and television industry from a legal perspective, including copyright law, contract law, and contracts used in the development, pre-production and production stages of producing a film or television series.

Regarding copyright and intellectual property, Lazarus is an expert on such concepts as authorship, ownership, assignment of rights and licensing, moral rights and “chain-of-title.”