In legal terms, a âbad lawyerâ is an attorney who has been disciplined for violations of the ethical rules governing the practice of law. Breaking these rules can include a range of offenses, from unethical or incompetent behavior to breaking the law or being convicted by a court.
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Badgers were given some limited protection in 1973 but weaknesses in the law meant that badger setts were still being dug, bulldozed, blocked or the animals cruelly killed.
The badger is described as biting all he meets. Perhaps unsurprisingly having been baited all day. And drives the rebels to their very door. When badgers fight, then everyoneâs a foe. The badger turns and drives them all away. He fights with dogs for bones and beats them all. Lies down and licks his feet and turns away.
Badgers are protected and so are the setts (burrows) they live in. Under the Protection of Badgers Act 1992, in England and Wales ( the law is different in Scotland) it is an offence to: Wilfully kill, injure or take a badger (or attempt to do so).
Badgering the witness is an objection that counsel can make during a cross-examination of a witness where opposing counsel becomes hostile or asks argumentative questions.
For years lawyers have been celebrated for aggressive and often times, unreasonable negotiations and fighting no matter the cost. âSharksâ used to be equated to a person who refuses to back down, and most likely to hurt the other side in a divorce.
"Badgering the witness" is the proper objection for a lawyer who is antagonizing or mocking a witness by asking insulting or derisive questions, perhaps in an attempt to provoke an emotional response.
It means that the attorney is asking hostile questions and is likely arguing with the witness.
1. a person who victimizes others, as by swindling or cheating. US, Slang. a person with great ability in a given activity; adept; expert. verb transitive, verb intransitive.
When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.
Can a lawyer object to their own question? Not really; they can withdraw the question or âstrikeâ the verbiage. An attorney may ask an inartful question, realize it's flawed, and say âStrike that.
to pester someoneIt means to pester someone. When you 'badger someone into doing something', you keep annoying or bothering the person till he becomes frustrated and agrees to do what you want him to. *The children badgered their father into taking them to a movie. The idiom comes from the cruel sport of badger baiting.
Generally speaking the phrase 'permission to treat a witness as hostile' is a cue to both the judge and the jury that a witness is not cooperating with the judicial process and/or is not being honest with their answers.
Definition of cross-examination : the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility â compare direct examination.
Hostile witness is said to be when a party calls in a witness to depose in its own favor, instead the witness goes against the party calling him. This situation arises in many of the cases where witnesses do not give answers in favor of the party calling the person as a witness.
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Remember, you are the one who is a legal professional, meaning that you need to have the ability to communicate complicated legal concepts in simplified terms. Your communication skills can help you ensure your client and the jury understand what you are trying to tell them. Likewise, much of this role involves written correspondence, meaning you need to be an effective writer.
Lawyer qualities are the skills and characteristics you need to become a successful legal professional. In order to help your clients and provide quality legal services, you need to possess a certain set of qualities. This challenging yet rewarding career is more ideal for some individuals than others. Along with being intelligent, successful lawyers need to have the ability to be persuasive in the courtroom. You need to be someone who is confident in yourself and your ability to represent a client or business entity.
Rather than giving in to what the other side of the courtroom is saying, you need to be the kind of person who is willing to argue for what you believe in. You need to think of arguments that are going to be favorable for your client and ways to present them in a persuasive way.
Even if your client doesn't claim innocence, your persuasive skills can help you get them a better plea bargain. The way you present evidence can drastically alter the way a case concludes. If you are a strong negotiator, you can help your client leave the courtroom in a favorable position.
Lawyers need to stay driven throughout the entire process to ensure they are serving their clients to the best of their ability. This drive can help you look at a case in a new way and find better outcomes.
Although it's important to show you are passionate about a case, you still need to keep your composure in the courtroom. Showing a sense of respect and professionalism to the judge and other individuals involved in a case can help your client's position and improve your reputation as a lawyer.
As a lawyer, you are working with all kinds of evidence and sensitive information. Your organization skills can help you ensure only the right people are getting access to these materials. Likewise, being organized can help you ensure you are keeping all of your legal documents in order. This is important when you need to reference them for a case.
The badger baitersâ behavior is described in a way that makes it appear like they are euphoric as a result of their actions. They are accused of âlaughing and shoutingâ and the given image is one of merriment on the part of the baiters which gives them a mob-like quality. In fact, their actions are so cruel as to make the predatory fox, drop his prey. The badger is described as biting all he meets. Perhaps unsurprisingly having been baited all day.
The bulldog knows his match and waxes cold, The badger grins and never leaves his hold. He drives the crowd and follows at their heels. And bites them through â the drunkard swears and reels. In this stanza, the badger is shown to actually be fighting.
In this classic poem, The Badger, Clare shows his mastery of meter and rhyme to make a compelling piece. The poem is ostensibly about animal cruelty, a topic covered often by Clare. In specific this one is about badger baiting. It is of its time and whilst not as âcleverâ as some of its more contemporary counterparts it ...
But sticks and cudgels quickly stop the chace.
We see the beastâs ferocious side, but this is portrayed as an iron will, as despite the dog attacks and the constant kicks from the onlooking humans the badger still managers to drive at his aggressors before finally lying down and accepting his death. It is hard not to feel a sense of relief on behalf of the badger that his ordeal is over, The list of punishments the animal has to endure is horrific.
About John Clare. John Clare is a British poet who died in 1864 at the age of 70. His poetry was influenced massively by nature, making him a classic example of a romantic poet. This is perhaps unsurprisingly given as he was the son of a farmer. He was known as the âpeasant poetâ due to his lowly class.
A cruel blood sport where a badger is pulled from its home and repeatedly attacked by large dogs is a practice that, whilst illegal, is still occasionally practiced today.
A lawyer is someone who is learned and trained in law. Yet, they may not actually practice law. They often give legal advice. By attending law school in the United States, one can be considered a lawyer. A student of law must pass the bar exam in their particular jurisdiction in order to practice law by providing legal representation. Otherwise, the opportunities to use their law education are limited. There are many different types of lawyers with many different specializations within the industry.
The terms attorney and lawyer are often used interchangeably in the United States. There is very little distinction made between the two. This difficulty to differentiate is a result of the fact that in the United States, unlike in other countries, this distinction is not made. However, a slight one does exist.
This phrase I just mentioned, 'badgering the witness', simply indicates the perception that the attorney is creating a hostile environment for the witness, is being argumentative and being obnoxious.
The problem with a defense lawyer standing up and objecting and basically whining to the judge that the plaintiff's attorney is badgering his witness, is nothing more than whining and complaining to the judge for help. It would appear that the defense attorney feels helpless and his witness is being attacked on the witness stand.
Why? Because when you pushi it too far, you might generate sympathy for the hostile witness.
It would appear that the defense attorney feels helpless and his witness is being attacked on the witness stand. In an attempt to divert the attorney's attention, he interrupts the attack and objects.
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I will share with you that I've been in practice for more than 26 years here in New York handling accident cases and medical malpractice cases and have never seen an attorney with a live badger hitting a witness with it during a trial. It simply doesn't happen.
All the jurors acknowledge and recognize the importance of asking opposing witnesses questions that can in fact get hostile.