Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

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Civil And Commercial Mediation Law - Legal Information and Resources

Civil And Commercial Mediation

Mediation and arbitration are in place to induce parties to settle their disputes prior to or instead of initiating any legal action as litigation is lengthy and costly and only adds to the swelling court docket. Both arbitration and mediation involve a neutral third party to help the disputing parties resolve their issues. In contrast to arbitration, mediation is less formal and the parties focus on negotiation rather on seeking the ruling of the neutral third-party. While the main goal of the ADR is to eliminate the need for litigation, ADR can also be used as a process of resolving a pending litigation, when courts require parties to submit to ADR prior to proceeding to trial.

Mediation is used to resolve both civil and commercial disputes. Mediation is not just limited to solving legal disputes. The process is also increasingly used in resolving administrative and community issues. Mediation law is a growing area of the law as studies show that parties who underwent mediation are more likely to be successful in resolving their disputes compared to parties who immediately went to litigation. Recognizing the usefulness of mediation in both court and non-court settings, the Uniform Mediation Act was enacted to be adopted by all American states to promote uniformity in the use of mediation law.

Not all states, however, adopted the UMA, so the procedures governing mediations still vary from state to state. This means that, despite the aim of mediation to eliminate litigation, there will be legal disputes arising from the process that will need the expertise of mediation law attorneys. For one, if there are no uniform rules on the language of settlement resulting from mediation, one party may choose to go to another state to have a court there interpret such settlement.

A mediator, who is a neutral third-party trained in negotiations, presides over mediations and assists the parties to come up with a settlement that is tailored to each of the parties' needs. Mediation is voluntary so that the parties are in control and in cooperation with each other. There instances though when a court will direct mediation. Civil and commercial mediation still require attorneys as not all mediators are familiar with the law. If the dispute is legal, the parties, including the mediator, may not be able to reach a settlement that will resolve the dispute without the help of expert mediation law attorneys.

The goal of mediation is negotiation to come to a voluntary settlement, but a settlement is not always the outcome of mediations. Parties who undergo mediation are not bound by the settlement reached, so any party can go to court and sue the other party, bringing their dispute back to square one. It is for this reason that civil and commercial mediation law attorneys are needed to help the parties reach a win-win resolution and avoid the costly, lengthy and burdensome litigation process that may not also result to the desired outcome of the parties. Success rates of mediation is high and, if successful, can save both parties huge amounts of money that will be drained when the disputes are taken to court.

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