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 Stress On Our Daily Lives - 1511 Words

1. Executive Summary Stress is the condition or way of responding to any kind of demand in animal body [1]. Stress is a common problem that we all have to deal with in our daily lives, some more than others. It plays a critical role in lives. Generally, stress induces negative associations in human body such as heart disease, headaches, weakness, immune system, and sleepless nights. Stress is also associated with mental health problems. There is considerable evidence that cognitive performance changes when people are under stress []. In the short-term, acute stress can serve to enhance some types of mental functioning. However, chronic stress can produce deleterious cognitive changes including problems with thinking, memory, and behavior. These changes can influence our daily lives such as ability to work or complete everyday tasks (i.e. driving, cooking, studying, taking care of kids etc.). Stress can directly affect both body and mind which leads to decreased human performance. Therefore, it is very im portant to decrease the stress levels and enhance the performance levels. Evidence has accumulated that regular exercise helps reduce and manage stress levels. There is also a class of cognitive supplements that improve one or more aspects of mental function, that are used to decrease the levels of stress while improving cognitive function. 2. Stress and Human Performance This report briefly describes the effects of stressors on human performance. This report also focusesShow MoreRelatedEssay on Factors Leading to Stress and How It Can Be Avoided1451 Words   |  6 PagesFactors Leading to Stress and How It Can Be Avoided Stress is an unavoidable consequence of life. However, just as distress can cause disease, it seems plausible that there are good stresses that promote wellness. The objective of this research paper is to examine some of the common causes of stress, its effect on our physical body, our mind, emotions and our behavior. 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Reflection on Project Human Resource Report

Question: Discuss about the Reflection on Project Human Resource Report. Answer: Introduction: With the flow of the course of my industry project, I must mention that I have an opportunity to learn a lot regarding my research topic. I must say that conducting this research work not only gave me the opportunity to gain knowledge about the research topic and some related topics, I am lucky that I have been able to analyze things from different perspectives. This valuable experience has helped me to gain enough practical knowledge to grow as a staff member as well as an individual in the workplace (Hollensen, 2015). In order to carry on the entire research work, I have selected Palmers Garden Centre at Remuera, Auckland (New Zealand). My entire research work was to investigate the ways through which customer relationship gets strengthen. At the time of carrying out the research work, my focus was on analyzing those factors that are capable enough to leave impact on customer relationships at the business organizations. In order to identify these factors, I have tried to examine those factors that have assisted this organization to build a long-running relationship with the customers (Trainor et al., 2014). My focus was to investigate those factors that might benefit this organization to enhance the present situation at Palmers Garden Centre at Remuera, Auckland (New Zealand) (Palmers Remuera, 2015). There were ample reasons behind the selection of this organization to carry on the entire research works and I would like to state the background of this organization. From the company profile, I have found that Palmers Garden Centre Remuera has successfully retained all those qualities that go hand in hand with its present status being one of the oldest formed garden centers in New Zealand. The special qualities that have made this organization identical are its outstanding customer service, presence of highly skilled and knowledgeable employees along with a wide range of plants second to none. Moreover, at the time of carrying out the research work, I have found that it has kept strong pace with every contemporary augmentation in order to make sure at the forefront of the horticulture vending service (Trainor et al., 2014). I have found that the company has recently gone through a corporate change and this has left impact on the organizational operations of this corporation. After several years of corporate ownership, recently Palmers Garden Centre Remuera has become a family-owned business. This corporate change is about to bring several changes to the entire organization, as the management and the owners are highly passionate as well as professional regarding everything they do for the further development of this business. Most interesting thing I have found that specifically the planet section of Palmers Garden Centre Remuera has always been one of the most extensive in the country as well as countries to be so (Nguyen Mutum, 2012). Besides this extensive garden landscaping services, I have found that the Green Fingers Caf of Garden Centre is there to provide the customers a refreshing as well as delightful experience. In this part, it is required to mention from my part that conducting this research work has enhanced my knowledge of searching detail data that are highly useful for the research work to carry on. The caf offer their valuable guests a wide range of delicious foods and make all the necessary arrangements, so that the customers can have an enjoyable break from their shopping. I have recently found that the management and the marketing team of Palmers Garden Centre at Remuera, Auckland has introduced a loyalty program for their valuable customers named the Customer Palmers Rewards. I have analyzed that the authority of this company has introduced this loyalty program for enhancing the relationship with their customers (Khodakarami Chan, 2014). However, it is necessary to mention that I have conducted this research work to critically understand the factors that are responsible enough to strengthen the customer relationship at Palmers Garden Centre Remuera. Apart from that, I must say that to carry on the entire research work, I have gained an in-depth knowledge about the factors that tends to create a strong and long-lasting consumer relationship. In order to gain practical knowledge beside theoretical knowledge, I have been in Palmer Garden Centre many times and the visits have helped me to gain enough practical experience. These experiences were highly helpful for me, as at the time of making the research work, I focused more on my personal experience besides gaining information about the research topic from the eminent researchers (Kumar Reinartz, 2012). Queenslands family-owned nurseries have shown a gradual recovery signs after tough decade and this operational change as well have brought several changes in the custom er relationship. From the news, I have found that the New Palmers Garden Center in Yeovil has successfully appointed Kristen Brown as the retail operations manager and Lesley Booth as the assistant buyer as well as Mdervyn Down as the planteria supervisor. Situational Reflection I have always seen in the research papers of the eminent professors and writers that learning is one of the significant parts of the entire journey of the industry report research work. At the time of preparing this research work, I have found that conducting the research work has not only allowed me to learn the procedure of conducting a research work, but also a great opportunity to assemble practical and theoretical knowledge. I have leant to analyze the situations from different perspectives and this has made me understand the situation differently (Song, Hur, Kim, 2012). Conducting the research work and at the same time carrying on the university study is no doubt one of the tough jobs and I have successfully maintained the balance. This balance has helped me to grow as a professional and will be helpful always. I have been in Palmer Garden Centre many times and every time I have found this place as one of the interesting places to visit due to their warm customer greetings. I have witnessed that the management and service providing team are always there to attain the customers in all possible ways. Though, I have found that Palmer Garden Centre lacks somewhere in customer relation and thus I have made a thorough research work on Palmer Garden Centre (Muther, 2012). This research work has helped me to grow some major qualities and these have been mentioned here in details: Effective time management For conducting the entire research work, I had limited time in my hand and thus I am grateful to my professors who have given me the golden opportunity to carry on the research work. I have learnt that time management is one of the factors that determines success of the research work to some extent. Jones and George (2012) have described time management as one of the procedures of competently applying time for concluding a definite commotion with the time restraint. Time management has enabled me to learn the below mentioned activities and these are: effectual setting up Clearly setting the objectives and purposes Setting the time limit designation of responsibilities Prioritizing the actions based on their significance and consequence Spending the exact time on the appropriate activity Therefore, it can be stated that time management is one of the major and essential skills that I have learnt at the time of working on the project. At any caf or restaurant, the customers expect to get their ordered foods within a minimum time and the management required making this time minimum. If the customers need to wait for a long time, they perceive a wrong impression about the restaurant or caf. Therefore, it is understood that speed is one of the major aspects that the members need to master and this would be possible only due to proper time management. At the time of conducting the research work, I have focused on different parts within short time and this has helped me to finish the entire research work within the mentioned time frame (Sexton, Thomas Helmreich, 2012). Importance of customer service I have seen that many small and medium sized businesses have failed to stay in the long-run, as they fail to realize the importance of customer services for sustainability. Besides the good tastes of foods, people remember the customer service of the restaurant. Therefore, the customer service is required to be in such a way that the customers remember the restaurant and recommend others. I have seen many who wonder thinking why people remember customer service so vividly. For those, the answer is clear and fairly obvious that the customers in the caf and restaurants interact with them directly. The customers do not look at the products only; they rather speak and work with someone who is supposed to represent the company (Leonard, Graham Bonacum, 2014). Apart from that, it can be mentioned that the people who have positive experience with the customer service of the company are likely to share their experience with others and this indirectly enhances the sell of the business. Adams and Jex (2013) have mentioned that customer service is highly significant for an organization, as this specific feature differentiate an organization from its competitors. Many reports have examined that there are some customers who spend thousands of dollars per year with a company and thus the customers would focus on this part sincerely. Consequently, when the people have any question regarding any product or service, the customer service department of the company is expected to resolve the issue on an early basis. Therefore, I have found from both my in-depth knowledge and practical experience that customer service is the major determinant of corporation success as well as sustainability (Edmondson McManus, S2014). Team work I have found at the time of conducting the research work that team work is one of the major aspects that help to complete a task successfully. All my teammates help me largely and without their assistance, it would be tough for me to complete the research work. They suggested me the good books and peer reviewed journals for gaining in-depth knowledge of the research topic. This team work is equally important for the restaurants and without team work; it is tough to maintain company reputation in the highly competitive marketplace. Apart from that, it is necessary to mention that I have learnt that how the leaders are required to build the clear purpose of the team (Allen et al., 2014). Development of soft skills and hard skills I have developed some soft skills as well and have found that soft skills are more general and intangible qualities as well as attributes that we posses for enhancing our interactions with others. Conducting the research work has enhanced my attitude, personality, emotions, and style of communication as well as social manners. I have analyzed that successful development of skills takes place during my interaction with others and these are fundamental to how well we build as well as manage our relationships (Cohen Bailey, 2014). On the other hand to soft skills, I have developed some hard skills as well. Wilson et al. (2012) have stated that hard skills are more particular and are often linked with a task or particular activity and these are mostly job-related. This takes into account some certain potentialities as well as knowledge regarding an area of focus and can be easily quantified as well as evaluated. My team mates and I have found out that the hard skills are mostly learned through the education system, training procedure, editing as well as proficiency in a foreign language. Therefore, it can be seen that these qualities make us employable and at the same time tackle our job responsibility. Now, I must mention that both the soft skill and hard skills complement each other and make up our arsenal of personal skills that properly demonstrate our capabilities (Batt, 2014). Personal Growth Conduction of the research work has stated that the entire journey has made me strong enough as a person as well as professional. This entire journey has made me strong enough to analyze things from different perspectives and this is helpful for my future carrier as well. Since my practical knowledge has given me exposure in the professional field and I believe that it is important for someone who has the plan to pursuit in this specific industry. This industry project has been a systematic approach and had helped me to grow step by step. For this particular procedure, it was highly essential to determine what my goals and objectives are and I successfully achieved this through discussion with my team mates (Cohen Bailey, 2014). I would be always grateful to my academic supervisors, as they directed me the right path and advised me to put all my energy into proper channel. Through the preparation of this project, I was successful a devise a proper plan like how would I proceed with the task, what research method would I select for this task and some others. The time plan has helped me to do the entire task within time and my advisers were helpful in designing this time frame. However, it is required to mention that the allocated money for the research work was little and thus I had to plan to complete the entire research work within that. Therefore, it is regardless to mention that this research work was no doubt a lesson for me (Muther, 2012). I have already mentioned that my selected organization has recently gone through an organizational change and thus there were some confusion regarding the selection of this organization. My academic adviser came whole heartedly to assist me and talked to the management of the company, so that I can carry on the research work there. Therefore, I would always be thankful to my advisers, as without them it would be impossible to finish the research work. Beside this, I am thankful to them, as they helped me to determine my research topic, which is the central most important thing for the success of the research work (Jones George, 2012). With every stage of research procedure, they extended their hands to me and helped me to prepare the questionnaire in such a way that I obtain the best possible answers from them. With the development of several abilities and skills, I was able to create the best suited sample questionnaire and then conducted the survey in the systematic manner. Apart from that, I analyzed the data findings and this helped me to reach the conclusion properly. From the entire research work, I have found that Palmer Garden Centre is required to immediately reduce its customer attrition rate in order to maximize the profitability because high attrition rate is helpful in increasing the operational costs in case of developing the new customer base. After completing the entire research work, now I can say that in future, I would be able to conduct a research work on my own experience, as my team mates and the academic advisors have helped me to gain enough confidence. References Adams, G. A., Jex, S. M. (2013). Relationships between time management, control, workfamily conflict, and strain.Journal of Occupational Health Psychology,4(1), 72. Allen, T. D., Herst, D. E., Bruck, C. S., Sutton, M. (2014). Consequences associated with work-to-family conflict: a review and agenda for future research.Journal of occupational health psychology,5(2), 278. Batt, R. (2014). Managing customer services: Human resource practices, quit rates, and sales growth.Academy of management Journal,45(3), 587-597. Cohen, S. G., Bailey, D. E. (2014). What makes teams work: Group effectiveness research from the shop floor to the executive suite.Journal of management,23(3), 239-290. Edmondson, A. C., McManus, S. E. (2014). Methodological fit in management field research. Academy of management review, 32(4), 1246-1264. Hollensen, S. (2015).Marketing management: A relationship approach. Pearson Education. Jones, G. R., George, J. M. (2012). The experience and evolution of trust: Implications for cooperation and teamwork.Academy of management review,23(3), 531-546. Khodakarami, F., Chan, Y. E. (2014). Exploring the role of customer relationship management (CRM) systems in customer knowledge creation.Information Management,51(1), 27-42. Kumar, V., Reinartz, W. (2012).Customer relationship management: Concept, strategy, and tools. Springer Science Business Media. Leonard, M., Graham, S., Bonacum, D. (2014). The human factor: the critical importance of effective teamwork and communication in providing safe care.Quality and Safety in Health Care,13(suppl 1), i85-i90. Muther, A. (2012).Customer relationship management: electronic customer care in the new economy. Springer. Nguyen, B., Mutum, D. S. (2012). A review of customer relationship management: successes, advances, pitfalls and futures.Business Process Management Journal,18(3), 400-419. Palmers Garden Centre. (2015). Retrieved September 6, 2016, from https://www.palmersplanet.co.nz/about/ Palmers Remuera. (2015). Retrieved September 6, 2016, from https://www.palmers.co.nz/palmers-remuera/ Sexton, J. B., Thomas, E. J., Helmreich, R. L. (2012). Error, stress, and teamwork in medicine and aviation: cross sectional surveys.Bmj,320(7237), 745-749. Song, Y., Hur, W. M., Kim, M. (2012). Brand trust and affect in the luxury brandcustomer relationship.Social Behavior and Personality: an international journal,40(2), 331-338. Trainor, K. J., Andzulis, J. M., Rapp, A., Agnihotri, R. (2014). Social media technology usage and customer relationship performance: A capabilities-based examination of social CRM.Journal of Business Research,67(6), 1201-1208. Wang, Y., Feng, H. (2012). Customer relationship management capabilities: Measurement, antecedents and consequences.Management Decision,50(1), 115-129. Wilson, A., Zeithaml, V. A., Bitner, M. J., Gremler, D. D. (2012).Services marketing: Integrating customer focus across the firm. McGraw Hill.

Stephen F Austin free essay sample

Cantrell began his career in the field of history as a lecturer at TAMU in ’86, then spent 15 years working as an assistant and later an associate professor at a variety of notable universities around Texas. In 2001, Cantrell got his first job as a professor. Cantrell currently resides in Fort Worth where he works as a history professor at TCU. Cantrell is a well-rounded historian. Besides spreading his knowledge through teaching, Cantrell is a published author of articles, essays and books, belongs to a number of organizations and committees, and serves as a speaker at conferences around Texas. Stephen Fuller Austin was a strong believer in Manifest Destiny. It was his duty to expand Texas westward and bring Anglo-Americans into Mexican Texas. In 1821, the young empresario set out to Americanize and expand the region between the Brazos and Colorado River, which entailed serving as a middleman (mediator) between the Anglos and the Mexicans. We will write a custom essay sample on Stephen F Austin or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page His first step in accomplishing this daunting task was to act as a liaison and learn to communicate efficiently between the two groups. Austin had responsibilities aside from acting as a liaison, â€Å"he was responsible for recruiting settlers, surveying and issuing land titles, enforcing laws†¦Ã¢â‚¬  (106) Austin began his work immediately both culturally and politically. As a cultural mediator, Austin’s first plan of action was to learn and master the Spanish language. The language barrier would prevent him form conducting necessary business and building relationships with the Mexican government. In 1822, Austin traveled to Mexico City where he fully submerged himself in the language and was nearly fluent within weeks. Austin’s next duty as a cultural mediator began the following year upon arriving back in Texas. Austin preached to the newly settled Anglos the importance of the Roman Catholic religion. Austin enforced the religion by reminding the people to â€Å"respect the Catholic religion with all that attention due to its sacredness and to the laws of the land. Politically, Austin, despite his reserved nature, made it a priority to build relationships among the Tejanos. He developed an especially personal bond with Jose Antonio Navarro after Brown, Austin’s youngest brother passed away due to yellow fever, and later with Erasmo Seguin during the 1835 Revolution. Austin’s most prominent moment as a political mediator occurred during the Fredonian Rebellion. In 1825, Austin and his militia joined forces with chief Jose Antonio Saucedo as they marched to Nacogdoches. Together, they put an end to the rebellion that began when Haden Edwards received the go ahead to bring 800 settlers into the Nacogdoches area that was already occupied by Anglo and Tejano settlers. Many years later, on April 6, 1830, Austin did more work as a mediator. After a shady law was passed that stirred up conflicts between the Tejanos and Anglos of Texas, Austin â€Å"counseled calmness and continued loyalty toward Mexico,† (108) which in turn landed him a spot in prison. By this point, Austin was begging for peace in Texas. Stephen F. Austin earned his nickname â€Å"Father of Texas† by playing a major role in the colonization and â€Å"invasion† of Anglo-American Texas. Austin’s loyalty, dedication and desire for peace made his invasion possible. Austin’s powerful skills as a mediator drove him to success; â€Å"Austin’s career demonstrates the very real potential for political, economic, and social cooperation across racial and cultural lines. † (105) Austin will always be remembered in Texas’ history for the great work he did for our state.