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What Is a Subpoena Definition, Uses, Significance

In the American legal system, a subpoena  is a written court order that requires the production of documents or court testimony. The term is Latin for under penalty. A subpoena lists the name and address of the subject, the date and time of the appearance, and the request. There are two distinct types of subpoenas: a  subpoena ad testificandum for in-court testimony, and subpoena duces tecum for the production of  materials relevant to the case (documents, records, or any other type of physical evidence). Why Are Subpoenas Used? During the â€Å"discovery† or fact-finding phase of a trial, attorneys use subpoenas to gather evidence  or witness statements. Subpoenas compel individuals to provide evidence or testimony, which makes  them extremely valuable tools for the justice system. Placing enforceable, legal requirements on the gathering of evidence helps both sides in a legal case gather as much evidence as possible to help the judge or jury reach a fair verdict.   The two types of subpoenas are used for different reasons and to gain different types of information. For example, a  subpoena duces tecum  might compel a business to turn over records concerning an employee suspected of a crime. On the other hand, a  subpoena  ad  testificandum  might  order someone to appear in court and testify about a suspects location on the night that a crime occurred. Anyone who fails to respond to a subpoena is held in contempt of court.  Depending on the state, that individual may remain in contempt until they fulfill the terms of the subpoena. A contempt charge can result in fines or jail time. There are two types of contempt: Civil contempt: An individual  purposefully avoids the actions listed on the subpoena in an attempt to hinder the legal procedure.Criminal contempt: An individual  meaningfully disrupts the court, sometimes by being disrespectful while court is in session. Who Is in Charge of Issuing Subpoenas? Subpoenas may be issued on behalf of a court, a grand jury, a legislature, or an administrative agency. Subpoenas are signed and addressed by the issuer. They are often issued by an attorney if someone is being tried in a civil or criminal case. The issuer may be an administrative law judge if the subpoena compels a high ranking official to testify or produce physical evidence. How Subpoenas Are Served The subject of the subpoena must be served in order for them to appear in court. Though the legal requirement for service differs between states, the most common ways of serving a subpoena are in-person delivery or certified mail. Some states even allow subpoenas to be sent over email with an â€Å"acknowledgment of receipt† requested. A server must be over 18 years old and have no involvement with the case. No matter how the document is served, the server must sign to legally show that they delivered the document. Occasionally, a subpoena may be served by a police officer. In some jurisdictions, a police officer will deliver a second subpoena if the first one is ignored, then escort the subpoenaed party to court to testify. Subpoena vs. Summons Subupoenas and summons are easy to confuse because a subpoena summons a person to court. However, summons are entirely separate documents in civil proceedings. Prior to the court date, the plaintiff in a civil case is required to serve the defendant with a summons: a formal notice of a lawsuit. There are several key differences between a summons and a subpoena: A subpoena is a legally binding order, whereas  a summons is a notice of legal action.Subpoenas are served during the discovery phase of the trial. A summons is a notice that signals that a complaint has been filed in a civil proceeding.If someone  ignores a summons, they are not subject to contempt of court like a subpoena and face no legal charges. Instead, they risk losing the lawsuit because the judge may find in favor of the plaintiff if the defense is not present in court. Both a subpoena and a summons must be served. A summons can be served by a sheriff, a process server, or by certified mail. In most states, it must be served with a copy of the complaint. Just like a subpoena, a summons cannot be served by the issuer and must be served by someone over the age of 18. Subpoena Key Takeaways A  subpoena  is a written court order that requires  the production of documents or a court testimony.During the  Ã¢â‚¬Å"discovery†Ã‚  or fact-finding phase of a trial, attorneys use subpoenas to gather evidence  or witness statements.Subpoenas must be officially served, typically by in-person delivery or certified mail.  Anyone who fails to respond to a subpoena may be held in contempt of court.   Sources â€Å"How Courts Work: Discovery.†Ã‚  American Bar Association, www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html. â€Å"How Courts Work: Pre-Trial Procedures in Civil Cases.†Ã‚  American Bar Association, www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_pretrial.html.â€Å"Serving the Papers.†Ã‚  MassLegalHelp, www.masslegalhelp.org/domestic-violence/wdwgfh12/serving-papers.â€Å"Subpoena.†Ã‚  A Dictionary of Law, Edited by Jonathan Law, 8th ed., Oxford University Press, 2015.Subpoena.  Britannica Academic, Encyclopà ¦dia Britannica, 9 Apr. 2018.  Accessed 26 Jun. 2018.â€Å"Subpoena.†Ã‚  LawBrain, lawbrain.com/wiki/Subpoena.

The Effects of Video Games Free Essays

Video games effects on social life Many people have always been looking for some type of entertainment, and it has been through many forms, from playing with toys, to playing cards, to playing sports, and etc. However, nowadays with so much access to technology and everything that it offers. Various entertainments are way more exciting and sophisticated. We will write a custom essay sample on The Effects of Video Games or any similar topic only for you Order Now Among the new electronic inventions, the 21 the century has revealed video games, a new exhilaration creating a virtual word on computers, on TV and different platforms like smartness. Which can be very useful in a dull, vague or boring situation. Video games have turned to be an amazing source of entertainment because of their diversity, their innovation, and their capacity to be so close to the reality. It has been shown that video games were developing skills for gamers and were a great social instrument. Nevertheless, videotapes have always been a subject of controversy and seen by a lot of people/parent’s as dangerous and a bad influence, causing addiction, bad behaviors, or even violence, which is true! However there are many Positive effects as well. In this essay I will explain the causes and effects of video games on an individual such as myself; and how I tend to abuse good things without moderation. I state many opinions that embrace new technologies and see it as a great social instrument; But overall explaining how playing Video games can create and cause some positive and negative effects on my lifestyle. The usefulness of good things has always been a problem for me, causing me to drift and abuse certain things, which is becoming a self-disciplinary problem, not to mention creating dictions. An addiction can be defined by a physical or psychological need for a habit-forming substance. And that substance for me is playing video games, so in other words playing video games gives me the comfort and excitement that I need. But also distracting and causing me to develop badly habits but however, is that a good or bad thing? Many times it creates bad habits and causes me to develop laziness, affecting my schoolwork or work performance. Consequently, I tend to lack assignments and time management, for instance, turning in my assignments late or implementing them at the last minute because I’m up all night trying to complete a level on a certain game and when I start a new level I can’t sleep until its completed. So for several cases I would say it’s a bad thing. In some cases playing video games gets out of control because I tend avoid many social activities with my family and friends because it has most of my have my attention. Once I’m in my gaming habitat its hard to pull me away from it. It’s sort of like a drug. At times I feel as if I am in the game and I can’t get out. Sometime my family and friends don’t call me to do social activities because they think my answer is always going to be no! Although, Sometimes it aggravates me because there are times where I’m not playing video games and I want to go out and the times I call them to go out they say there busy. So avoid social activities; it creates a mental warfare and selfishness, affecting me in negative ways for to perform, succeed, pursue, and socialize. As a basketball player, I personally play a lot of video games to keep my mind â€Å"in the game† and still having a ay to practice while I am resting. Video games are a great entertainment source to me, it helps me learn and develop different skills. However some games are a great simulator of life and are really efficient for athletes with games like NAB K, FIFE, and Madden Football sometimes giving me the ability to learn and then go out there and practice. Because it creates self-motivation, causing an athlete like myself to get better. They develop notably a better hand/eye coordination, a high level of focus, repetition, and fundamentals Thus having some positive effects. In conclusion I say that I really enjoy playing video games and I definitely think it is an amazing creation, I am still wondering how people can be able to create such a sophisticated entertainment and I am also totally aware of the risks that I take. And I know the feeling of wanting to play a little bit more and ending going to bed at Sam while I have to wake up at 8 to go to school the same morning. I am learning to overcome my addictions and bad habits and evolve in the smart way and apply simple solutions that I intake and maybe help people with similar problems. How to cite The Effects of Video Games, Papers

The Wall by Pink Floyd free essay sample

The Wall Pink Floyd â€Å"The Wall† came out on November 30th in 1979; its a rock opera that explores abandonment and isolation, symbolized by a metaphorical wall. The songs create an approximate storyline of events in the life of the protagonist, Pink, a character based on Syd Barrett as well as Roger Waters. Pink is oppressed by his overprotective mother, and tormented at school by tyrannical, abusive teachers. All of these traumas become metaphorical bricks in the wall. The protagonist eventually becomes a rock star, his relationships marred by infidelity, drug use, and outbursts of violence. As his marriage crumbles, he finishes building his wall, completing his isolation from human contact. â€Å"Another Brick In The Wall† (part 1) is the third song on this album; Its about Pink being insulted by a teacher and then later he dreams that the children in his school begin to protest against their abusive teachers. We will write a custom essay sample on The Wall by Pink Floyd or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The song talks about how he had a personal wall around him from the rest of the world, the teachers were just â€Å"another brick in the wall.† â€Å"Empty Spaces† is the eighth song on this album and this song is about Pink being grown up and now married, but he and his wife are having relationship problems because of his distance and his nearly-complete emotional â€Å"wall†. Pink keeps asking himself how he should complete its construction. â€Å"Hey You† is the fourteenth song on this album; its the most mysterious song on the The Wall. The phrase â€Å"Hey You† is used to implies calling out to someone. This song is about his breakup of his first wife, all the misery and pain and being out on the road when the woman declares over the phone that shes fallen in love with someone else and that hes trying his best to regain contact with the outside world. â€Å"Comfortably Numb† is the nineteenth song on this album and many people thought this song was about drugs but this song compares Pink’s memories of being feverishly ill as a child and as an adult he got that feeling again. Dave Gilmour wrote the music while he was working on a solo album in 1978. Gilmour believes that this song can be divided into two sections, dark and light. The light are the parts that begin â€Å"When I was a child†¦Ã¢â‚¬  and the dark parts are the â€Å"Hello, is there anybody in there.† One of the best selling albums of 1980, â€Å"The Wall† had sold over 23 million by century’s end. It topped the charts in six different countries, including the United States, and reached the Top 10 in several more. â€Å"The Wall† followed as a major motion picture in 1982. The band followed the album with a highly theatrical tour which included building and tearing down a 40-foot high wall of cardboard bricks on the stage. This would be the last Pink Floyd tour to include Waters (who left the band in 1983).