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In other words, parties must present evidence to prove facts which go to each essential element to the satisfaction of the finder of fact (judge or jury). The parties' lawyers must work with imperfect information which may not evolve or develop as expected, and must be able to smoothly pivot between arguments and strategies as the record ...
More specifically, estimate your BATNA and how other parties see theirs (BATNA stands for “best alternative to a negotiated agreement”). Having a good alternative to agreement increases your power at the table. [7] [8] [9] At the same time, work to understand your own side’s interests as well as the interests of the other parties ...
The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute. Parties as a part of the mediation are encouraged to negotiate on the basis of interests rather than positions that they hold.
If the parties presented conflicting evidence, appellate courts applying a "substantial evidence" standard assume that the jury or administrative adjudicator resolved the conflict in favor of the prevailing party, and in turn, appellate courts must defer to such implicit findings about which side's witnesses or documents were more believable ...
If evidence of authenticity is lacking in a bench trial, the trial judge will simply dismiss the evidence as unpersuasive or irrelevant. Other kinds of evidence can be self-authenticating and require nothing to prove that the item is tangible evidence. Examples of self-authenticating evidence includes signed and certified public documents ...
To enter the drug treatment system, such as it is, requires a leap of faith. The system operates largely unmoved by the findings of medical science. Peer-reviewed data and evidence-based practices do not govern how rehabilitation facilities work. There are very few reassuring medical degrees adorning their walls.
In modern politics, "law and order" is an ideological approach focusing on harsher enforcement and penalties as ways to reduce crime. [1]Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws and even capital punishment in some countries.
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