Tuesday, January 29, 2013

Laws and More Laws - Is it Too Much?

The United States is run under the concept of the rule of law. The process involves various government bodies issuing laws, which are then hashed out in courts in relation to whether they are both valid and clarified sufficiently to actually mean something that can be used in every day life. The system is set up to continually create laws, which is a questionable proposition to some extent.

The recent health care reform debate was a hotly contested one. Either you thought the reform effort was a great idea or you thought it was a terrible one. I'm not particularly interested in your views and am sure you couldn't care too much about mine, but the politicians were raising some very blunt assessments that were incredibly interesting. These assessments dealt with the issue of the establishment of a law as a foothold in the legal arena.

The health care reform debate boiled down to a political brawl that neither side was happy with. The far left was angry that Congress members were giving up the public option and so on. The far right assaulted any Republican that contemplated any variation of reform. Why? The answer is simple. Once a law is established, the system is setup to add on to it. It is a rare event [prohibition] where a law passed is actually repealed. While it does happen, it is exceedingly rare compared to the vast number of laws that are passed. The strategy of the Democrats in this case was and is to just get something passed that they could then build on later.

Politicians are elected to pass laws. This is what they do. For all the passion surrounding politics, both parties do exactly the same thing when in power. President Obama is on the spot with health care reform, but President Bush was no different with the Prescription bill which is an economic disaster. The question is whether we are going to start or already have started suffocating from too many laws. Where common sense should prevail, we have laws that are interpreted by regulations and then courts.

The law has become an area where the lawyers are even baffled a bit. It is very rare to see a lawyer that practices general law any longer. The areas of law are just too complex. If the lawyers have to do this, what about the rest of us?

Deposition Reporters and the Discovery Process

Before attorneys in the U.S. begin arguing a court case, they rely on deposition reporters to gather statements from witnesses that support and strengthen the case. Depositions offer a variety of practical benefits to court proceedings. For one, they can reduce the time that a case spends in court by allowing attorneys to begin their cases from a formal standpoint. For another, they allow attorneys to insure that witness' testimony remains consistent by providing a basis of truth. Yet another benefit of court depositions is that they allow attorneys to review the criteria that a case is founded on without having to wade through court transcripts that can soon become voluminous. Deposition reporters create depositions during the discovery phase of a court proceeding by applying certain methods of discovery.

Numerous laws govern the discovery process, establishing what kind of information an attorney is privy to and what methods can be used to extract it. One commonly used method of discovery is known as an interrogatory. Attorneys send interrogatories to those who have information that may strengthen a case as well as to those who have information that may weaken a case. While responding to an interrogatory does not place a person under oath, respondents can still be charged with perjury if they respond untruthfully to the questions that an interrogatory poses.

While films and television dramas that focus on the legal process often make it seem that attorneys have never spoken to witnesses prior to their entering the courtroom, interrogatories establish a relationship between attorneys and witnesses in order that attorneys might anticipate witness testimony and prepare responses that further elucidate or challenge the testimony. In addition to providing witnesses with interrogatories, attorneys also interview witnesses and video record the interviews. At the conclusion of the interview, attorneys have a deposition reporter create an interview transcript for the purpose of challenging a witness who alters his or her testimony or encouraging a friendly witness to remember testimony. Depositions can also be used in place of witness testimony if a witness cannot be present.

Because deposition reporting is just as crucial legal cases as in court reporting, retaining the best deposition reporters can be key to the life of a case. The ideal deposition reporter is one who exhibits impartiality to witness testimony, refrains from poor personal habits like gossip and dramatic emotional responses and possesses proficiency in the form of depositing reporting than an attorney desires. Because attorneys rarely have time to screen deposition reporters on their own, they commonly turn to independent litigation services providers that put their reporters through a refined screening process to determine whether reporters possess subtle, yet detrimental qualities like the ones mentioned above.


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