News Legal Systems and Technology in the 21st Century 2022
Technology has connected its way to almost every aspect of human lifestyle. For your improvement, this follow-up discussion, as well as additional previous study formats. In offering this piece of information, the legal system is just another profession that technology has conquered.
We know the court and PC stenographs that record and track our legal system, but what about the CGA System? Computer Generated Animated Presentations are acceptable in our American Court System. Admissible Evidence in criminal trials has been recorded as a precedent case decided by the Supreme Court. As reported by Asher Hawkins, of Legal Intelligencer, the differing arguments of the six Pennsylvania Supreme Court Justices concluded that Public Appeal Judge Lackawana rightly acknowledged the use of CGA during a first-degree murder case in 2002. CGA has been depicted on various television shows such as CSI Investigations and Crime 360.
Judge Sandra Schultz Newman wrote, “Society is becoming more and more reliant on computers in our business and personal lives…” She continued, “With each advance in technology, the practice of law becomes more sophisticated and commensurate with the need to give up any technophobia and become more willing to embrace progress that has the ability to increase the efficiency of the legal system.”
The prosecution team, including a Forensic Pathologist and a Crime Scene Reconstructor, presented the homicide case to the jury; prosecutor’s version…the defendant did not have and/or had access to this tool. One argument against this procedure in court was that the defendant, a poor man, could commission the equivalent production. In other words, can the defense match the costs associated with presenting the prosecution to court? Another court suggested it would be prudent to exclude CGA evidence if an incapacitated or impoverished defendant could not afford the costs of “equivalent production.” The base fee can be more than $20,000.00. Other legal professionals comment on whether the CGA’s fees are worth the expense. The judges also took note of the fact that CGAs were becoming increasingly cheap to manufacture and could be a vital tool in the rapid expedition of court cases. However, pre-trial motions that include evidence of CGA should be treated with respect. Instructions for judges and defendants who are incapacitated (lack of food, clothing, and other necessities of life due to poverty; needy; poor; poor, destitute) are required with the permission of the court to present such evidence.
The judge’s position is to ensure that the Computer Generated Animation is fair and accurate while giving the defendants an opportunity to challenge his foundation. It has also been emphasized by the judge, to explain to the jury that it was not intended as a re-enactment or simulation, but merely an expression of an opinion formulated by an expert witness. Another judge stated his position. “I think it’s a valuable tool, but a tool that needs to be used sparingly. I don’t think it’s necessary in every case.” Newman also writes, “The difference is one way, the law doesn’t, and shouldn’t; prohibits the proficient professional use of new technology in the courtroom. After all, this is the 21st century.”
Each state has its own court system. There is also a federal court system. Decisions made during adjudication by federal administrative agencies may be appealed to a federal court. Similarly, decisions made by state administrative agencies can be appealed to state courts. The definition of adjudication is to give a court decision. In administrative proceedings, a court in which administrative law judges hear and decide matters that arise when an administrative body indicts a person or a company for violating the laws or regulations imposed by the agency. An administrative body is a state or federal government agency established to perform a specific function. Administrative bodies are empowered by legislative acts to make and enforce rules to administer and enforce those acts.
Typically, a state court system will include multiple levels, or tiers, of courts – (a) courts of limited jurisdiction, (b) trail courts of general jurisdiction, (c) courts of appeals, and (d) state supreme courts (often referred to as as the State Supreme Court). Every person who is a party to a lawsuit has the opportunity and/or the right to file his case before a court hearing and then if he loses, before at least one level of an appeals court. Furthermore, if federal laws of federal constitutional matters are implicated in a State Supreme Court decision, that decision may be further appealed to the United States Supreme Court.
Have you ever wondered, with all the jurisprudence activities (science or philosophy of law, legal bodies or systems, legal departments, Civil Law, court decisions, especially judicial review) flooding this country, how is this possible? function of the legal system without technology?
Monica Bay, of Law Technology News, reports that attorneys at small firms, especially solo practitioners, have resisted adopting practice/case management software (CMS) – although there is no doubt that it can help companies provide faster, better, and more affordable services. cheaper for their clients. Some observers suggest that the initial threshold for establishing a management system is intimidating for companies. Software consultant Tom O’Connor said, “Everyone loves technology but hates installing it.”
Project Management is not yet a stressed topic in many schools, according to an independent IT consultant from Minneapolis. A successful project management depends on a large network of personnel. An effective Electronic Data Discovery Project (EDD) network includes: clients, partners, legal IT staff, partners, paralegals, insider advisors, service providers and technical experts. Undoubtedly, the use of Project Management (PM) to reduce risk while providing consistent and quality results represents a significant benchmark in the process of maturing the EDD environment.
Used in many companies to increase productivity, quality control programs such as Sigma Six, have generated interest. Understanding why and where problems occur has a huge impact on reducing errors. The application of these principles and practices to the Electronic Data Discovery process improves attorney outcomes with increased quality and reduced costs. The reason for the increasing interest in Project Management is the recognition that success depends on effective management.
Reducing risk and lowering costs by implementing “Electronic Discovery Techniques” offers a myriad of considerations, for example, matching time tables, securing outside IT experts, proposing and following “E-Discovery” protocols, involvement of specialized masters to monitor compliance and dispute resolution, use of checklists which contains critical steps and reminders for each step in and project, service providers who work, work with lawyers to find answers to the right questions, because managing vendors require special attention to service level agreements (SLAs’).
Meanwhile, find the following legal jargon definitions/terms that can help you in your study of administration, business, everyday life, and technology:
Subrogation – any rights that the creditor has over the debtor are now the rights of the guarantor. Included are the creditor’s right in bankruptcy, the right to ownership of the collateral by the creditor, and the right to valuation guaranteed by the creditor – the guarantor now stands in the creditor’s position against the debtor.
compensation – Right to claim reimbursement/guaranteed payment to directors for legal fees, costs, and/or judgments involved in defending the corporation – (client) related lawsuits. In simple terms, the right to compensation for services as directors (representatives/lawyers).
Habeas corpus – against your will – against your constitutional rights, a warrant that requires someone to be brought before a judge or court, in particular. for investigations into the restraint of a person’s liberty, used as protection against illegal imprisonment, one of the various warrants that may be issued to bring a party to a court or judge, the function of which is to free a party from unlawful restraint.
Warrant – legal orders, court documents.
Loss – personal injury, civil wrongdoing that does not arise from a breach of contract … breach of a legal obligation that directly causes harm or injury to another person.
Grandchild – descendants from one ancestor to the most distant generations; descendants; all future generations; successors or future generations collectively; The judgment of this age must be left to posterity; all descended from one person.
HIPPA – The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to ensure that personal information stored, accessed or processed complies with a set of guidelines or “security rules”. These rules outline the security measures that must be implemented to secure all adequately protected electronic health information (EPHI). LogRhythm directly meets some HIPAA requirements, reduces the cost of complying with others, and features out-of-the-box HIPAA reporting packages.
SOX – requires public companies to establish, monitor and maintain control over many aspects of their financial reporting. Some companies have found that such transparency does not come easily. Rules require not only new processes, but also new tools that can determine whether reporting systems and standards are appropriate. In general, SOX applications can be classified into three main market segments, according to Forrester Research. Those in the enterprise application space include Oracle and SAP; IBM and Stellent come under the title enterprise-content management (ECM); and OpenPages and Paisley Consulting are considered specialists, competing with Certus, HandySoft, and other pure-play vendors.
Where is the unreached technology? Are courtrooms really out of technology? Are they out of the loop like many “non-techies” or poor people? “Great Technical Split”…go figure!
After all, this is the 21st century.
Until next time…
by
Gregory V. Boulware
3.16.10
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