Adjudication, the legal process of resolving a dispute

The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision was given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all the parties thereto have been considered and set at rest.Three types of disputes are resolved through adjudication: disputes between private parties, such as individuals or corporations; disputes between private parties and public officials; and disputes between public officials or public bodies. The requirements of full adjudication include notice to all interested parties (all parties with a legal interest in, or legal right affected by, the dispute) and an opportunity for all parties to present evidence and arguments. The adjudicative process is governed by formal rules of evidence and procedure. Its objective is to reach a reasonable settlement of the controversy at hand. A decision is rendered by an impartial, passive fact finder, usually a judge, jury, or administrative tribunal. The adjudication of a controversy involves the performance of several tasks. The trier must establish the facts in controversy, and define and interpret the applicable law, or, if no relevant law exists, fashion a new law to apply to the situation. Complex evidentiary rules limit the presentation of proofs, and the Anglo-American tradition of Stare Decisis, or following precedents, controls the outcome. However, the process of applying established rules of law is neither simple nor automatic. Judges have considerable latitude in interpreting the statutes or case law upon which they base their decisions.A hearing in which the parties are given an opportunity to present their evidence and arguments is essential to an adjudication. The Anglo-American law presumes that the parties to the dispute are in the best position to know the facts of their particular situations and develop their own proofs. If the hearing is before a court, formal rules of procedure and evidence govern; a hearing before an Administrative Agency is generally less structured.Following the hearing, the decision maker is expected to deliver a reasoned opinion. This opinion is the basis for review if the decision is appealed to a higher tribunal (a court of appeals). It also helps ensure that decisions are not reached arbitrarily. Finally, a well-reasoned opinion forces the judge to carefully think through his or her decision in order to be able to explain the process followed in reaching it. Adjudication of a controversy generally ensures a fair and equitable outcome. Because courts are governed by evidentiary and procedural rules, as well as by stare decisis, the adjudicative process assures litigants of some degree of efficiency, uniformity, and predictability of result.

Assignment Essay Example | Topics and Well Written Essays - 2500 words - 4

Assignment - Essay Example There is an established communication between Adam (man) and God (divine). Adam is seen stretching his hand reluctantly and loosely to receive what God is presenting to him. God is trying to transmit some sought of divinity to man. This is being attempted by bringing their fingers as close as possible but it is clear the fingers do not establish a contact. This could be the impossibility of God and man being into contact. The story is biblical though and it has it that after Creation of Adam, God breathed life into him. In the bible there is nowhere we are told that there was a lot of resistance in the process. However, in the creation of man, the work presents an interesting fact (Kleetus, 2005). God is seen trying to reach Adam with all his might. He is stretching his index finger to touch that of Adam. It seems there is a resistance in form of a wind, which is trying to deny him a chance to communicate to his creation. The presence of a wind-like force is depicted in the direction of God’s legs and those of the angels surrounding him. The implication from the figure here is that God is trying with all his might to touch and transmit his mightiness to hid creation amidst a strong opposing force. On the other hand, dam does not seem to have the energy and effort to reach to God. Adam is relaxed and while God is using his right hand to reach him, Adam is using his right hand to support his lazily leaning body and reluctantly uses his left hand to respond to God’s attempt to reach him. The left hand has to be supported by his left leg knee for that case. Adam’s body is leaning against God and it seems he is not willing enough or putting enough effort to make the divine connection with God. The body language of the two is totally different and while one is responding with strength to establish a connection, the receiver is not so much putting an effort to receive. A closer look at the index fingers of the two subjects in

Leadership Skills Personal Development Plan Essay

Leadership Skills Personal Development Plan - Essay Example a detailed analysis of my leadership style on the grounds of strength, weakness, opportunity, threats, along with discussion on improving them in order to be a more effective leader. I have also discussed the SMART(ER) goal setting technique to set the goals for my followers and for myself. All the discussions made in this study are backed up by relevant theories. According to my perception, the concept of leadership is based on the idea of how one individual can guide a group of people to follow his instruction so that they can be driven towards a common goal. At often times the term â€Å"leader† is used synonymous with the term â€Å"manager†. I think that a leader and a manager possess quite a different set of characters (Davis 8). A leader develops a new trend or a set of rules to follow, whereas a manager makes sure that the rules are properly being followed. Most importantly a manager controls his subordinates by relying on his power of authority, but a leader influences his followers by establishing a strong trust (The Wall Street Journal, â€Å"What is the Difference Between Management and Leadership?†). This makes me believe that a leader is a person who takes the right decisions and sets goals for himself and for his followers as well. I have followed a leadership style which binds my team in with strict rules and regulation. I thought that setting up straight forward rules are necessary in order to make sure that there is deviation from the goal. I laid down a series of strict rules for my team and instructed them to follow those rules down to every word. In order to avoid confusion in decision making, I took the responsibility of making all the major decisions myself. I commanded my team to abide by my decisions at all times, so it can be ensured that the progress is directed in the desired way. This style of leadership can be termed as the Autocratic leadership style (Johnson, â€Å"5 Different Types of Leadership Styles†). Strength: The autocratic