Advocacy and notary office. Participation of a lawyer in evidence in a civil case (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Advocacy and notary office. Participation of a lawyer in evidence in a civil case (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

16. Participation of a lawyer in proving in a civil case

In science, there are different opinions regarding the status of a lawyer in civil proceedings. In particular, some scholars agree that a representative lawyer is an independent subject of proof, and not a person who does not participate in the case, has neither rights nor obligations to prove, does not have any independent powers.

The legislator also assigns the right to provide evidence to the parties and other participants in the process, to which he does not include a representative. However, by virtue of a power of attorney issued by the plaintiff or defendant, the lawyer has the right to represent the interests of the client, and, therefore, to take part in the proof as an independent subject expressing the opinion of one of the parties. At the same time, the lawyer has special knowledge that allows him to more professionally carry out the functions assigned to him.

Evidence in the case information about the facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances substantiating the claims and objections of the parties, other circumstances that are important for the correct consideration and resolution of the case.

The representative lawyer must follow the testimony of witnesses, ask questions aimed at extracting the necessary facts; participate in the study of written and material evidence. The study involves familiarization with these documents, their analysis, establishing links between individual evidence. A lawyer-representative participates in the interrogation of experts and specialists, if they were involved in the case. The court is obliged to directly examine the evidence. Therefore, if it is impossible to get acquainted with the evidence due to objective reasons in the courtroom, their examination and research is carried out at the location.

At the same time, the activities of the representative must comply with the requirements of the law, be professional and qualified, and not violate the norms of lawyer ethics. During interrogations, a lawyer is obliged to take an active position, but under no circumstances be rude to the interrogated person, show respect for his personality. You can not ask leading questions, as well as unplanned ones, the answer to which can harm the principal.

Examining the Evidence includes their evaluation. As part of the assessment of evidence, it is necessary to identify the relevance, admissibility of evidence, their reliability, sufficiency and the presence of interconnection. A representative lawyer, evaluating evidence in a civil case, is guided by his inner conviction, the basis of which is confidence in the need to fulfill his constitutional duty - to protect the rights and legitimate interests of the person who applied for legal assistance.

Authors: Nevskaya M.A., Shalagina M.A.

<< Back: Acting as a defense attorney in civil litigation

>> Forward: Conditions for the participation of a lawyer in appealing against decisions in civil cases

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Marketing. Crib

▪ Public relations. Crib

▪ Civil procedural law. Lecture notes

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Beats Electronics Powerbeats2 Wireless Headset 23.06.2014

Beats Electronics, which recently became part of Apple, announced the release of an updated headset for athletes called Powerbeats2 Wireless. This is the first wireless headset from Beats Electronics. Bluetooth is used to connect the headset to a mobile device. The headphones are connected to the remote control and the microphone with a flat cable.

Like the previous Powerbeats model, the novelty was created by the joint efforts of Beats specialists and the famous basketball player of the Miami Heat club LeBron James. The device is also made in the in-ear form factor with an adjustable rubberized earpiece for attaching behind the ear.

The headset is designed for fitness enthusiasts. The press release noted its resistance to moisture and sweat in accordance with the requirements of the IPX4 standard.

In addition to listening to music, Powerbeats2 can be used instead of a regular Bluetooth headset for telephone conversations. Unlike most Beats Electronics products, the novelty is lightweight. However, as the company assures, the device provides the same high quality sound as its predecessor Powerbeats. The headset has a volume control and a track switch button.

The Powerbeats2 has a battery life of around six hours, making it suitable for long-distance runners as well. It also reports the possibility of fast charging within 15 minutes, ensuring continuous operation of the device for an hour.

The Beats by Dre Powerbeats 2 Wireless goes on sale this month for $199,95.

Other interesting news:

▪ Noise canceling headphones with heart rate measurement

▪ The prosthesis grows with the patient

▪ Counting gazelles from space

▪ Cow with a methane tank

▪ ATSAMR34/35 - LoRa radio plus Cortex-M0+ MCU for IoT

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Winged words, phraseological units. Selection of articles

▪ article Recording music from a computer to a tape recorder. The art of audio

▪ article Why is there a sledgehammer at the combat post of the commander of the duty forces of the Strategic Missile Forces? Detailed answer

▪ article Loading wood with jaw loaders. Standard instruction on labor protection

▪ article Phase imbalance indicator. Encyclopedia of radio electronics and electrical engineering

▪ article Adjustable voltage stabilizers K1156ER2P and K1156ER2T. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews