Introduction to Civil Litigation

Introduction to Civil LitigationIntroduction to Civil LitigationWhat Is Civil Litigation? When two or more parties become embroiled in a legal dispute seeking money or another specific performance rather than criminal sanctions, civil litigation is the result. They must instead head to the courtroom for trial so a judge or jury can decide the matter. A lawyer who specializes in civil litigation is known as a litigator or a trial lawyer. He represents clients across a broad spectrum of associated proceedings, including pretrial hearings and depositions, as well as arbitration or mediation before administrative agencies or court personnel. Arbitration and mediation are processes that attempt to guide the parties toward settlement without the time and expense of going to court. Types of Civil Litigation Civil litigation encompasses a broad range of disputes, and litigators generally specialize in one or two specific practice areas. Several common areas include Environmental lawLandl ord/tenant disputesProduct liabilitylawsuitsPersonal injuryclaimsIntellectual propertydisputesConstruction liability lawsuitsMedical malpractice claimsEmployment and labordisputesReal estate lawsuitsAnti-trust litigationWorkers compensation claimsEducation lawdisputesDivorce lawsuits Civil litigation can be loosely defined as a legal process in which criminal charges and penalties are not at issue. The Role of a Civil Litigation Lawyer The role and responsibilities of a civil litigation attorney can be challenging and diverse. It is an adversarial process with two or more parties pitted against each other. The attorney is his clients advocate, obligated to fight for him to achieve the best possible outcome on the clients behalf. Lawyersspecializing in this field must be willing to assume oppositional positions, to embrace conflict and controversy, and to effectively act as human pit bulls in defense of their clients. Attorneys and litigation paralegals in this field often work l ong hours, especially during a trial. Certain skills and knowledge are essential tolitigation practice.Key legal skillsinclude Knowledge of substantive and procedural lawStrong written and oral advocacy skillsAnalytical and logical reasoning abilitiesAbility to synthesize complex legal and factual materialsSuperior interpersonal skillsKnowledge of legal research techniques and softwareClient development skillsNegotiation skills The Life Cycle of a Typical Civil Litigation Case Civil litigation can be divided into several stages, including investigation, pleadings, discovery, pretrial proceedings, potential settlement or trial, and even appeal.Discovery is typically the longest and most labor-intensive stage of a case. Unlike the way theyre often portrayed on television, civil attorneys spend comparatively little time in the trial. Much of their time is devoted to the discovery stage the exchange of information pertinent to the case through depositions, interrogatories, and sub poenas. The latter are demands for information or documents from third parties. Depositions and interrogatories involve questions posed under penalty of perjury to the parties in a lawsuit. Deposition questions are posed orally under oath. Interrogatories are written questions. Not every lawsuit passes through each stage in fact, most dont. The majority of lawsuits are settled by agreement of the parties and never reach the courtroom. Parties can settle during a trial, even after a jury has begun deliberating or has delivered a verdict. They can settle or stipulate to some aspects of the lawsuit, leaving others in the hands of the judge or jury. When a case does go all the way to trial, the entire process, from filing documents with the court to initiate the case through resolution, can take anywhere from a few months toseveral years.

Executives and integrity (according to their assistants)

Executives and integrity (according to their assistants)Executives and integrity (according to their assistants)The Secret Power In The Office is a collection of responses from 200 executive assistants regarding the questionable behavior theyve witnessed over the course of their careers.An alarming 48% expressed a first hand-account of serious misconduct within the last year alone. Abuse of company resources, sexual assault, mishandling of confidential information, and operations that pose a conflict of interests made up the majority of the breaches indexed.Young professionals and consumers, in parteicular, were found to hold their respective firms to high standards as far as integrity is concerned. This means, in a bid to ensure a healthy pool of potential employees and acquired targets, employers purport a degree of ethical behavior that they rarely observe.The report states that 30% of upper management never, seldom, or occasionally upheld to the ethical standards they professed, with a little less than 20% claiming to abide faithfully. These reports speak to a developing enmity between workers and CEOs leading to a depletion of faith in leadership and decreased productivity.According to the report, the pervasive failure to properly abide by certain policies is fueled by a fear of not meeting fiscal expectations and buttressed by a lack of concrete understanding of what ethical standards actually are.Many of the instances of misconduct mentioned were believed by many to be par for the course for the corporate world 13% of executive assistants stated that lying and cheating is simply part of the culture.What can be done?The report used the data to attempt to conjecture several methods of remedying the ethical challenges plaguing the economic community.One of the things proposed was eradicating the link between compensation and targets. Many have suggested in the past that incentive-driven targeting adversely impacts value creation. Additionally, key perform ance indicators seem to be the nucleus of much of the misconduct detailed.Accounting for every conceivable form of misconduct by creating policies for all of them obscures the aim.As the report states Ahigher number of policies produces more incentive to bend the rules or find loopholes. It also takes away peoples own responsibility.Lastly, the report suggests all firms exercise muscles of discussion. Instead of excessive reprimanding and surveillance, habitual discussion on the topic of ethics and integrity with executive consultants should be a preferred method in order to change the culture from within.

The History of the Borders Group

The History of the Borders GroupThe History of the Borders GroupThe Borders Group, Inc. welches a publicly held bookstore chain that closed its doors in September 2011. After Barnes Noble, it welches the second largest bricks-and-mortar US bookstore chain, known for the innovation of creating the first superstore. The groupincluded Borders superstores, Waldenbooks, Borders Express and Borders airport stores.Where many booksellers - even other publicly-held bookstore chains - are closely identified with one owner, the Borders Group came together through corporate acquisitions. Brentanos, Walden and Borders The Borders Group owes its history to several separate chains - Borders, Waldenbooks and Brentanos. Brentanos was the longest-lived of the three bookstore chains that eventually made up the Borders Group. The original Brentanos store was founded in 1853 in New York City, by August Brentano, a newspaperman. The second oldest of the three, Waldenbooks, was founded by Lawrence Hoyt, a rental library entrepreneur. Hoyt opened the first Walden Book Store in 1962 in Pittsburgh, Pennsylvania he named the bookstore for Henry David Thoreaus Walden. Over the years they were in business, Brentanos and Waldenbooks expanded their establishments into multiple-bookstore chains. In 1984, Kmart purchased Waldenbooks Waldenbooks then purchased Brentanos.Brothers Tom and Louis Borders opened their first bookstore in Ann Arbor in 1971, while they were students at the University of Michigan (Ann Arbor continues to be Borders Groups headquarters). The Borders brothers opened additional stores in Michigan, Atlanta, and Indianapolis, and developed a sophisticated system that enabled them to track bookstore sales and inventory. In addition to using it in their bookstores, they sold their Book Inventory Systems (BIS) to other booksellers, as well. In 1985, they opened their first superstore, a large-scale bookstore (with a coffee bar) that was to become the prototype of many t hat came afterward. In 1988, they hired Robert DiRomualdo, a Harvard MBA with retail experience, to help expand the business. Under his leadership, the Borders bookstore chain grew rapidly in the next four years. Kmart, then Borders IPO In 1992, with the bookstore business booming, Kmart purchased Borders and created the Borders-Walden Group. But book profits proved not to be as robust as anticipated and Kmart was having its retail troubles so, in 1995, they divested themselves of the chain of bookstores, spinning off the Borders Group with an initial public offering. The Borders Group expanded internationally beginning with a store in Singapore 1997, then opening more than 40 stores in Europe, Asia, and Australia/New Zealand and buying a 35-store chain called, appropriately, Books. Online Bookselling Threatens Borders Business Model As it became clear that zugnglich book retailing, begun by Amazon.com, was rapidly and dramatically changing the bookselling business, Borders created their online presence. But after their initial e-retail efforts resulted in short-term losses for investors, in what was in retrospecta short-sighted move, Borders scrapped its website. Due to less-than-expected profits overall, some of the booksellers private equity investors agitated about poor decisions and poor management and in 2001 DiRomualdo was replaced as CEO.

Common Cover Letter Mistakes

Common Cover Letter MistakesCommon Cover Letter MistakesAs a leading provider of professional resumes and cover letters, the team at Resume Spice has landseen it all.The only thing worse than a bad cover letter is a perfectly qualified individual whose chances at an interview are shot by a few easily avoidable errors. We dont like to see that happen.Review the list below and see if you can make any of these small, but important changes that just might help you land your next opportunity.Repeating your resume.Your cover letter is not the place to rehash your resume. Instead, its an opportunity for you to rouse the employers interest. Focus on showing why you want the job and what qualities you bring to the table.Writing too much.Its okay to write a lot when youre drafting your cover letter. But before you send it to a hiring manager, spend some time thoughtfully editing the message youre trying to convey. You want to demonstrate that youre concise, can organize your thoughts, and can communicate well.Focus on keeping your cover letter under one page. Typically, 2-3 paragraphs will do the trick.Sending the same cover letter to every company.Every job youre applying to will have its own unique requirements, so youll need to customize each of your cover letters to showcase why youre the best fit for those requirements.notlage proofreading.Read your cover letter at least three times aloud. Sometimes your eyes will skip something incorrect, but if you read it aloud, your ears will pick up on anything that doesnt sound quite right.Just to make sure youre sending a cover letter that reads well and sounds credible, send it to a trusted friend or colleague for a quick review.Bringing it togetherTweaking each cover letter is going to take some time, but no detail should be overlooked when youre trying to find your next opportunity.Let us helpIf you need a little help getting started on your cover letter or want to talk to a career consultant about how to ahem spice up y our cover letter, give Resume Spice a call or contact us to chat with one of our consultants about how our professional services can help you.

The Problem with Personal Branding

The Problem with Personal Branding The Problem with Personal Branding The last time I wrote a post about the concept of personal branding, I received several comments from people who disagreed with my point of view. Some commenters assured me that personal branding isnt about making up an image, but is about communicating who you authentically are. And I think communicating who you authentically are is really important too, so it seems were in agreement about that. But still, day-after-day I see examples of people distorting that idea in the name of personal branding. Take this post, titled Personal Branding is for EveryonePersonal branding is for your mom who wants to find a new job, and she is really talented at arranging flowers, but has never worked in a flower shop. If they could only see her designs, they would hire her instantly.OK, so far so good. Mom needs to communicate her value proposition (that shes great at arranging flowers) so she can get hired. If you want to call t hat personal branding, thats fine with me.But then we get to thisPersonal branding is for the band at the local dive bar who plays every Thursday night. Their music is amazing, but when looking at them on the stage, all the guys wear totally different clothes. They dont seem to match in any way they seem like they were pulled out from bands they were kicked out of. They dont even have a website, or a Myspace, no one knows about them. And you dont want to tell anyone about them because you are embarrassed by their appearance.OK. Changing the way they look to fit some music industry idea of a brand is not about authenticity Its about manufacturing something that doesnt exist. If their music is so fantastic, then get them the website and the MySpace page and forget about changing the way they look. The way they look is who they are (Just ask Fall Out Boy if a makeover is necessary to success). If you want to change that, dont call it personal branding call it image-making.I dont mean to single out this particular writer, but this is the common misconception that bothers me about personal branding as a concept. Too many people hear those words and, instead of hearing communicate what makes you unique and valuable, they hear create an image you think will sell.One is authentic and one isnt. One results in genuine success based on who you really are, and one results (maybe) in fleeting success for the period during which you manage to maintain the facade.At this time of all times, when so many companies are struggling just to stay afloat, can we put the emphasis on adding value rather than personal branding? Words matter and this is a term that doesnt confuse anyone. Its also the right focus, because a person who communicates an authentic homilie about how she is uniquely able to add value will succeed, even in a down market.

Top Experienced Teacher Resume Choices

Top Experienced Teacher Resume Choices Achievements are the absolute most important portion of a resume, so make certain to include them in your elementary teacher resume. Turning into a teacher may be a noble profession. If this Elementary School Teacher resume example was not sufficient for you, youre absolutely free to review various other samples and templates from our website. The resume objective is among the most crucial paragraphs in a teachers resumeif not the most essential. Nobody would like to employ a messy teacher. Superior teachers are famous for their vivacity and sunny disposition. In a globalized world, its inevitable that schools accept a growing number of students coming from several nations and cultural backgrounds. Employers often wish to know youre a well-rounded person with different activities outside work. You shouldnt underestimate the importance of resumes. Should you need an example to take a look at, make sure that you have a look at the sam ple teacher resume at the close of the write-up Perhaps while looking for examples you noticed poor samples throughout the internet. If you would like to have mora samples of Teacher Resume templates, kindly pay a visit to the archives on our site. To find some formatting suggestions for your resume, have a look at our samples. The Secret to Experienced Teacher Resume In writing resumes, youve got to take into consideration every facet of it. Writing a strong application is a difficult procedure and we would like to make it simpler. Moving to the employment section of the resume, if youre employing a combination or chronological format, you might want to include things like a short, introductory paragraph to demonstrate the reach of the position and the skills essential to perform the necessary duties. Professional teacher resumes are the documents that may be compared to observe the benefits and disadvantages of candidates from one another. Ideas, Formulas and Shortcuts for Experienced Teacher Resume More so, our Teacher Assistant Resumes might also be helpful in your present undertaking. Job seekers deserve to discover decent content quickly. Resumes can be quite vital since it will help your employers find out more about your backgroundthe skills youve got, educational attainments, and previous work experiences. An expert teacher resume is used by means of a job applicant whod love to practice her or his teaching expertise in the geschftsleben of academics. List experience based on the way that it is going to be absolutely the most impactful. If you have little teaching experience, include volunteer positions and co-curricular pursuits that involve teaching in some manner. Looking to get a job in a reliable school located in Seattle. The Unexposed Secret of Experienced Teacher Resume So long as you include all the appropriate info, sometimes a different look can be what makes you stick out from the remaining portion of the applicants. There are a few unexpected things that can occur sometimes that could distract you and have you find yourself getting late for your interview. Your resume should look to be an effortless read. A perfect selection for candidates with plenty of experience who desire to have a really good one-page resume template. With a proper resume made, your odds of getting work in teaching increases. An acceptable allotment of admonition is you dont accept to accept a work action to acquire your career started. Not locating a job according to your expectation will cause frustration. Finally, be sure to conclude the interview by thanking your interviewer for her or his time. Get the Scoop on Experienced Teacher Resume Before Youre Too Late The area of information technology grows more important every single day. Possessing a crystal clear and professional resume is important in the medical field. Find out more about the school and its culture so that you understand their expectations and uti lize certain examples to explain why youre a superior fit. Understanding how to tailor your resume will obviously provide you an advantage. The education business is flourishing globally, and people have begun understanding the worth of excellent education for their kids. Teaching jobs usually need specific degrees and certifications, so be certain to highlight your education. Most teachers should list all their certifications, or whenever they anticipate receiving them. Even experienced teachers need to renew their licenses every certain number of years, and several enroll in supplementary training or greater education programs to advance their career. Zetys resume templates are made with the aid of recruiters and adhere to the best practices in HR. If you chance to be interested in more resumes, then take a look at this fine collection of sales resumes. No matter what type of industry youre aiming to land work in, you want to personalize your list of skills for the posit ion. Various kinds of work in the food tafelgeschirr industry require resumes with several of the exact same skills. A well-crafted CV will fetch you the correct job in the most suitable university or institution. Resumes are important for the primary goal of being in a position to supply your work experience, skills, and other valuable info to be eligible for a particular job position. They are always used for applicants who want to apply for specific jobs in a company where resumes are the key item they would need.

Ask These 4 Questions to Clarify Your Purpose in the World

Ask These 4 Questions to Clarify Your Purpose in the World Article by Barry StilesBy the time I welches diagnosed with stage 4 neck and throat krebs, I had thought I welches done with life-changing experiences for a while. In fact, I had been running the company that my previous life-changing experience inspired me to found for only six months when I got the call.What happened was this Five years before my own diagnosis, my then 4-year-old son was battling a rare form of lymphoma. I was witness to our beautiful boys extraordinary bravery as he endured spinal taps and an extremely aggressive chemo treatment.During this time, I occasionally escaped for a short run around Rice University to clear my head. During one run around the decomposed granite track that circles the campus, as I was looking for answers to questions that had none, I realized how I could combine my skills and passions to make a tangible difference in the world.I saw clearly that I co uld meld my skill set as an engineer and entrepreneur with my passion for family to help create a cleaner, less toxic environment for our kids. I envisioned a company that would keep plastic out of the oceans and landfills by using 100 percent post-consumer plastic, reduce carbon dioxide emissions by offering an eco-friendly alternative to concrete and asphalt, and cleanse toxic automobile pollutants through natural filtration of storm water. I wanted to make a real contribution toward a safer environment, and my sons bravery was the deep well from which I could draw inspiration.Years later, my own cancer treatment and recovery, coupled with the unending support of my team and our clients, sharpened the clarity of purpose I had found. No one person and no one company can eradicate cancer, but making strides in that direction has imbued our companys mission to improve our environment and communities by eliminating toxins and carcinogens that are present in our everyday lives with u rgency and intention.I encourage you entrepreneurs, geschftsleben owners, and dreamers to find fuel in your life challenges. The most trying times can clarify what motivates, inspires, and challenges you. When you see what lights your fire, go for it.You dont need a traumatic experience to take steps to clarify your purpose.Successful entrepreneurs rise, grind, stretch, and strive every day. They listen to clients, customers, and the marketplace and to their guts. They ignore the voices that tell them business is just business, that its not personal. Successful entrepreneurs know that if you make your business personal in a positive way, you can be a powerful agent for change.To clarify your purpose in the world, start by asking yourself these four questions1. Am I Happy?Are you passionate about what youre doing? Does it fulfill you? If you answered no, take some timetoconsider what you really love to do. What excites you so much that you lose track of time while doing it? What do you find yourself reading about or doing when youre off the clock? When I reflected on this question, my passion was easy to name my kids.When you figure out whatyour passion is, ask yourself Is this a hobby or a business? If its something just for you, it may be a hobby. If it solves a problem, makes something easier for other people, or improves a product or a service, then it may just be a business you can commit to in the long term. Equally important, make sure there is a market or an audience who will find value in your offering. If it fits these criteria and makes the world a better place, youll have a clear purpose going forward.2. What Do I Want?What do you want to achieve so much that you will be motivated to learn, work, and sacrifice more than anyone to reach that goal? Overnight successes are illusory.What the world sees as sudden is in fact backed by years of work and dedication. Ask yourself whether your passion is strong enough and your goal is clear enough.One way t o figure out whether this passion will stay with you for any length of time is to write it down, put it aside, and come back to it in a month. For me, the drive to work toward a safer, cleaner, less toxic environment for my own kids and children everywhere was persistent and unflagging.3. What Do I Know?Once youve defined what you want to do, take inventory. Do you have the necessary skills? The appropriate education? The funds to get started? If not, map out a path to attaining what you need.As you make a plan, incorporate the ways your existing skill set will help you achieve your larger goal. The business I developedbrought together my skills product design, invention, engineering and my passions for manufacturing in the US and cleaning the environment. My primary taskat the start wasto shore up the capital and the material resources to begin my journey.4. Can I Solve a Problem?What is the gap between what exists and what is needed? Is your solution new or different? Search t he internet and scour retail to find out. Do a patent search, either on your own or with a patent attorney. Talk (and listen) to your potential customers.Having done this research, build a prototype of your product or write a detailed plan for your service. Assess the market potential for what you offer and once again consider whether you have something that solves a problem, improves someones health, or makes a process easier or better. This due diligence will help you determine just how the purpose you have found contributes to the greater social good. It will also show you whether you can be the best at doing it and find a place for yourself in the market.Finally, ask yourself Will it be fun to do this work? My research showed me that the solutions I proposed werent already in the marketplace. This freed me to anticipate how much fun I would have making permeable paving surfaces that snap together, like playing with Legos in the real world.Having a child with cancer was a bracing wake-up call for me about what really matters in this life. The surreality of the whole experience forced me to stop and listen, pause my entrepreneurial ambitions, and find a deeper purpose. Because I did, I was given the gift of making a difference.Yes, there are many inspirational stories of people who find clarity because of traumas that wipe away the fog of the busyness of life, but its not necessary to experience trauma to find clarity for yourself. Just slow down, listen to your inner voice, and commit to change. When you clarify your purpose, it will be fun to go to work and your business will benefit exponentially.A version of this article originally appeared on SUCCESS.com.Barry Stiles is the founder and CEO of TRUEGRID Pavers, the 100 percent permeable paving alternative to concrete and asphalt that instantly absorbs stormwater and detains water below the surface. TRUEGRID is a green, permeable, Lego-like paver system for the real world, made in the US from 100 percent post-consumer recycled plastic and filled with gravel or grass for a natural aesthetic. As an engineer and as a dad, Barry is passionate about TRUEGRIDs mission to provide green paving solutions to build a safer and cleaner environment for our kids. To learn more about TRUEGRID, follow along on the companysblog.