which of the following may be issued by an attorney?

What are the different types of lawyers in government?

Subdivision (a) is amended to provide that a search warrant may be issued only upon the request of a federal law enforcement officer or an attorney for the government. The phrase “federal law enforcement officer” is defined in subdivision (h) in a way which will allow the Attorney General to designate the category of officers who are authorized to make application for a search warrant.

Who is the lawyer representing the defendant?

Jan 26, 2021 · Now consider the following issue: May a lawyer continue to represent both a corporation and its majority shareholder and CEO in a derivative suit over the objection of a minority shareholder? Argue in support of the issue and in opposition of the issue. Cite the appropriate Model Rules and Rules of Professional Conduct.

What is the prosecutor called in a criminal case?

public prosecutors. Individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people. attorney general. The chief law officer of a state; also, the chief law officer of the nation. defense attorney. The lawyer representing the defendant. public defenders.

Can a court order a lawyer to provide copies of documents?

The questioning of the opposing attorney's witnesses after the first attorney has had the opportunity to question them. ... All of the following may occur in the defendant's case-in-chief except: ... Which of the following documents will be issued following the notice of appeal, setting out specific dates for supplementing the record, and ...

Can an attorney issue a subpoena?

It can be issued by any attorney, a self-represented individual, or a service hired by an attorney, using court-supplied forms.

Can an attorney issue a subpoena in California?

An attorney can issue a signed subpoena on behalf of the court in which the attorney is authorized to practice law. Individuals acting “In Pro Per” can also issue a signed subpoena upon a party in a legal proceeding.Jun 16, 2014

What are 5 responsibilities of a lawyer?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

Who can issue subpoena Philippines?

Further, the President or the Secretary of Justice may direct the NBI to undertake the investigation of any crime when public interest so requires (Section 5, Republic Act 10867). For those enumerated crimes, the NBI can issue subpoenas to investigate and require procurement of documents.Oct 30, 2020

How is a subpoena issued?

A subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena compels a person to produce documents or give evidence at a hearing or trial.

How is a subpoena legally served in California?

Serve the Subpoena. Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a “reasonable time” in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

What are the roles of an attorney?

Attorneys advise clients on various legal strategies and ongoing litigations, research various aspects of their cases to support their clients' claims, create case strategies that best meet the client's goals and appear in court before a jury or judge to defend a client's interests and rights.

What are the duty of a lawyer?

Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal ...

What are lawyers responsibilities?

A lawyer provides counsel and represents businesses, individuals, and government agencies in legal matters and disputes. ... Lawyers advise, research, and collect evidence or information, draft legal documents such as contracts, divorces, or real estate transactions, and defend or prosecute in court.

What is an example of a subpoena?

To subpoena is to require someone to come to court. An example of to subpoena is when a lawyer petitions the court to ask their witness to come to court. An example of to subpoena is when the judge issues an order for someone to come to court. The most common type of subpoena, ordering a witness to testify.

What are the two types of subpoena?

In this jurisdiction, there are two (2) kinds of subpoena, to wit: subpoena ad testificandum and subpoena duces tecum. The first is used to compel a person to testify, while the second is used to compel the production of books, records, things or documents therein specified.Jun 28, 2005

What is Republic 10867?

10867 an act reorganizing and modernizing the NBI. Its primary function is to investigate crimes and other offenses against the laws of the Philippines, both at its own initiative or when the public interest may require.

What is the duty of an officer during the execution of a warrant?

An officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken.

What is the purpose of the amendment to Rule 41 C (2) A?

The amendment to Rule 41 (c) (2) (A) is intended to expand the authority of magistrates and judges in considering oral requests for search warrants. It also recognizes the value of, and the public's increased dependence on facsimile machines to transmit written information efficiently and accurately. As amended, the Rule should thus encourage law enforcement officers to seek a warrant, especially when it is necessary, or desirable, to supplement oral telephonic communications by written materials which may now be transmitted electronically as well. The magistrate issuing the warrant may require that the original affidavit be ultimately filed. The Committee considered, but rejected, amendments to the Rule which would have permitted other means of electronic transmission, such as the use of computer modems. In its view, facsimile transmissions provide some method of assuring the authenticity of the writing transmitted by the affiant.

What is the rule for a search warrant?

Rule 41 (c) (2) is added to establish a procedure for the issuance of a search warrant when it is not reasonably practicable for the person obtaining the warrant to present a written affidavit to a magistrate or a state judge as required by subdivision (c) (1). At least two states have adopted a similar procedure, Ariz.Rev.Stat. Ann. §§13–1444 (c)–1445 (c) (Supp. 1973); Cal.Pen. Code §§1526 (b), 1528 (b) (West Supp. 1974), and comparable amendments are under consideration in other jurisdictions. See Israel, Legislative Regulation of Searches and Seizures: The Michigan Proposals, 73 Mich.L.Rev. 221, 258–63 (1975); Nakell, Proposed Revisions of North Carolina's Search and Seizure Law, 52 N.Car.L.Rev. 277, 306–11 (1973). It has been strongly recommended that “every State enact legislation that provides for the issuance of search warrants pursuant to telephoned petitions and affidavits from police officers.” National Advisory Commission on Criminal Justice Standards and Goals, Report on Police 95 (1973). Experience with the procedure has been most favorable. Miller, Telephonic Search Warrants: The San Diego Experience, 9 The Prosecutor 385 (1974).

What is a warrant for a person?

(4) a person to be arrested or a person who is unlawfully restrained.

What is Rule 41?

Rule 41. Search and Seizure. Primary tabs. (a) Scope and Definitions. (1) Scope. This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances. (2) Definitions.

What is the purpose of Rule 41 E?

The amendment to Rule 41 (e) conforms the rule to the practice in most districts and eliminates language that is somewhat confusing. The Supreme Court has upheld warrants for the search and seizure of property in the possession of persons who are not suspected of criminal activity. See, e.g., Zurcher v. Stanford Daily, 436 U.S. 547 (1978). Before the amendment, Rule 41 (e) permitted such persons to seek return of their property if they were aggrieved by an unlawful search and seizure. But, the rule failed to address the harm that may result from the interference with the lawful use of property by persons who are not suspected of wrongdoing. Courts have recognized that once the government no longer has a need to use evidence, it should be returned. See, e.g., United States v. Wilson, 540 F.2d 1100 (D.C. Cir. 1976). Prior to the amendment, Rule 41 (e) did not explicitly recognize a right of a property owner to obtain return of lawfully seized property even though the government might be able to protect its legitimate law enforcement interests in the property despite its return—e.g., by copying documents or by conditioning the return on government access to the property at a future time. As amended, Rule 41 (e) provides that an aggrieved person may seek return of property that has been unlawfully seized, and a person whose property has been lawfully seized may seek return of property when aggrieved by the government's continued possession of it.

What is subdivision a?

Subdivision (a) is amended to provide that a search warrant may be issued only upon the request of a federal law enforcement officer or an attorney for the government. The phrase “federal law enforcement officer” is defined in subdivision (h) in a way which will allow the Attorney General to designate the category of officers who are authorized to make application for a search warrant. The phrase “attorney for the government” is defined in rule 54.

What is the most important responsibility of a defense attorney?

In our adversary system, the most important responsibility of a defense attorney is to be an advocate for her or his client. This means ensuring that the client's constitutional rights are protected during criminal justice proceedings, regardless of whether the client is guilty or innocent.

What is the term for a charge against the accused issued by the prosecutor after a preliminary hearing has found probable

The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause. indictment. A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime. case attrition.

What is bail agent?

bail bond agent. A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered.

Why do prosecutors and defense attorneys agree to plea bargains?

For prosecutors, a plea bargain removes the risk of losing the case at trial, particularly if the evidence against the defendant is weak.

What is the role of a prosecutor?

Prosecutors in general have the power to decide when and how the state will pursue an individual suspected of criminal wrongdoing.

What are the influences on a judge's decision to set bail?

Uncertainty about the character and past criminal history of the defendant; the risk that the defendant will commit another crime if out on bail; and overcrowded jails, which may influence a judge to release a defendant on bail.

What does "I will not contest it" mean?

Latin for "I will not contest it.". A criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government. Plea bargaining. The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval.

What does "venire" mean in Mississippi?

A juror in Mississippi must be: Venire means: The jury pool. true. When selecting a 12 man jury in state court, each side is limited to 4 peremptory challenges. A challenge for cause is a challenge with a reason made by the attorney. These challenges are unlimited. Premptory challenges are for no reason in particular.

Can a pre-emptory challenge be used for racism?

Premptory challenges cannot be used for obvious racism or discrimination. Explain the difference between a challenge for cause and a peremptory challenge, pointing out the limitations on the use of each type. Questioning the witnesses at trial. Which of the following tasks is a paralegal NOT allowed to perform:

Can you be excused from jury duty?

You may be excused for jury duty if you have to work. You may be excused from jury duty if you have served within the last two years. An organized binder consisting of everything an attorney needs at trial. When selecting a 12 man jury in state court, each side is limited to 4 peremptory challenges.