The confidentiality of comparisons is controversial because it keeps harmful acts secret, as was the case in the scandal of sexual abuse committed by Catholics. [9] In response, some states have passed laws that restrict confidentiality. For example, in 1990, Florida passed a “Sunshine in Litigation” law that restricts the confidentiality of the concealment of public dangers. [10] In Washington, Texas, Arkansas and Louisiana, there are also laws restricting confidentiality, although judicial interpretation has weakened the application of such laws. [11] The U.S. Congress proposed a similar “Federal Sunshine” in the Litigation Act, but was not passed in 2009, 2011, 2014 and 2015. [12] Confidentiality agreements that hide the secrets of the authorities in matters of infringement are probably not applicable, but a specific carveout giving access to regulatory authorities is generally not included. [10] Cheap agreements are legal and applicable. However, there are limits to the nature of the agreements that can be concluded.

The role of a defence lawyer is to assess liability and decide with the client and the insurance whether an action should be defended or settled. Even if a decision is made to resolve the case, we can, for strategic reasons, continue the discovery until the count is possible. If a decision is made to defend the case, we will go with the discovery until the time of trial. In the decency of the trial, we will again be evaluated with the case to determine the chances of success. This assessment focuses not only on liability, but also on damage. If the case is presented with a strong defense of liability, but a sympathetic plaintiff and high damages, the concern is excessive judgment across political boundaries. The following case study serves as an example: to obtain a judgment in a case of assault, we must bring a civil action and bring your case to justice. In New York, civil trials are usually trials. This means that a judge hears the case and the verdict will be rendered without the jury`s opinion. Each party is entitled to a jury trial; However, this party will have to submit a jury opinion and pay a fee. Once jury selection is complete, the trial begins, with each page presenting testimony and evidence.

Once this is over, the judge will instruct the jury, known as the laying of a charge to the jury, and send it to deliberate. In New York, a civil trial usually has six jurors. The jury does not need a unanimous verdict, even if five of the six jurors must give their consent after a verdict. This is a less than unanimous judgment. Unlike a trial, a civil trial decision requires only an overload of evidence for the jury to reach a verdict – contrary to the “beyond a reasonable doubt” standard in criminal proceedings. As soon as the jury has a decision, they will deliver their verdict to the court.


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