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Gideon vs Wainwright Landmark.

In: Other Topics

Submitted By almazen
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Pages 14
The good aspects of relying on precedent to decide current cases is that people will know what can happen if it is same type of case. It will lead to same outcome to all, with no exceptions.

The bad aspects of relying on precedent are that if there is a wrong precedent it will keep for a very long time, making it very rigid and with no exceptions.

In the case I chose as a landmark in previous assignment: Gideon vs. Wainwright.
Gideon was an indigent and he was not given a counsel appointed by the court when he asked for it, because his case was a noncapital case. He was sued for robbery and as a result he got in jail. He took a long time until the Supreme Court saw the case, during his stay in jail. Finally the 9 judges allowed him to have a lawyer who defended him and had a fairer trial (equal conditions) where a lawyer defended him and set up a landmark and precedent for the future. During the new trial it was shown that he was not who commit the robbery.

ADR means “Alternative Dispute Resolution”. These are: negotiation, arbitration, mediation, mini-trial, fact-finding and judicial referee. Usually litigation is more expensive because of the legal fees and expenses and also it can take years for the court system to resolve disputes.

The elements of a negligence claim are: -Duty of care -Breach of duty -Injury to plaintiff -Actual cause -Proximate cause

The difference between intentional tort and negligence is the intention. In negligence claims it refers to “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do”. In the case of the intentional tort “it is required that the defendant possessed the intent to do the act that caused the plaintiff´s injuries”.
For example, I leave the door open and my neighbor got robbed (negligence) or same example but I leave

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