Retributive justice, a fundamental principle in contemporary legal systems, posits that the punishment for an offense should correspond in scale to the crime itself. The idea is to ensure perpetrators experience their “just deserts,” balancing the scales of justice by receiving a penalty deemed appropriate for their wrongdoing. This concept anchors much of today’s criminal …
Emancipation in California is done through a comprehensive step-by-step process. In this article, we will describe the ways a minor can ask the courts to become legally emancipated and the ways that automatically grant a declaration of emancipation. What is the Emancipation of a Minor? Emancipation of a minor (CA Fam Code section 7002) refers …
What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources. We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …
What are the 5 Requirements for Adverse Possession? Adverse possession, often referred to as squatter’s rights, is a legal principle that includes 5 requirements that allow a person to claim ownership of a property if they have occupied it for a certain period without the true owner’s permission. Though laws can vary by jurisdiction, there …
Unless you are heavily invested in civil rights litigation or politically active, disparate impact may be a foreign concept. Many claims that are based on disparate impact are often brought against people and by people who may not have had exposure to the term before. However, civil rights advocates understand the impact of this type …
Who is a mediator? A mediator is a neutral third party who facilitates dialogue between conflicting parties to help them reach a resolution. This individual does not impose decisions but rather guides the conversation to enable the disputants to find their own solutions. The mediation process emphasizes collaboration, understanding, and agreement. A mediation session can …
How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …
It is essential to develop de-escalation strategies to help de-escalate a situation that may arise. No matter which profession you are a part of, you have likely come face-to-face with a customer’s complaint at some point. For many people, the first reaction when a person challenges their expertise or advice is to double down and …
In every area of life, whether it’s at home, school, or work, conflicts are inevitable, which is why conflict resolution skills are vital. They arise due to differences in perspectives and opinions or simply because of misunderstandings. While conflicts can seem daunting, they don’t have to be destructive. In fact, when handled properly, conflicts can …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …