A case for Jury Questionnaires
I am an unapologetic believer in jury voir dire. I am convinced that it helps eliminate jurors whose reviews could make their participation in deciding a case either unfair in fact or subject to the perception of unfairness. Were I presented with the option of arbitrarily selecting and seating jurors, with peremptory challenges eliminated, I would immediately decline because I believe that a controlled voir dire process, with participation by the judge and the advocates, serves the interests of justice and improves the experiences of those summoned to serve.
The jury system has remained a cornerstone of our justice system in large part because it is perceived to be fair and open. It will continue to flourish only if fairness and openness are preserved and if the experience of jury service is made as rewarding as possible for potential jurors. Towards these ends, I advocate for the use of jury questionnaires in all cases. I proceed from the premise that the exercise of peremptory challenges will remain a part of the process of jury selection.
I use a standard questionnaire in every civil and criminal jury case I try. In lengthy or high profile cases, I typically mail the questionnaire to potential jurors in advance and make copies of the responses for the lawyers, subject to their agreement not to duplicate them and to return all copies to the court after jury selection. Assuming that I have a large enough panel to do so, I allow the lawyers for the parties, based on the responses, to agree on the striking of certain jurors before the venire is required to appear, so that those prospective jurors need not report. I also rule on motions to strike for cause based questionnaire responses, for the same reason. This approach eliminates unnecessary inconvenience for prospective jurors who would otherwise be excused for cause only after making a trip to the courthouse.
There are logistical issues to consider. The questions must be simple and easy to understand and the questionnaire not too long. Except in highly unusual cases, four pages is sufficient, but in a very high-profile case, a substantially longer questionnaire may be necessary. For example, in United States vs Lay and Skilling, Judge Lake submitted a fourteen page questionnaire to the jurors, giving them six weeks to respond. The questionnaire should be enclosed with a cover letter signed by the court, explaining that the information sought is important and that it must be supplied directly by the prospective juror unless a disability prevents that person from writing or typing his or her own answers. The letter should emphasize that the prospective juror should not worry about spelling or grammar but should answer to the best of that person's ability. Where a disability requires the prospective juror to have assistance in responding to the questionnaire, the reason assistance is required and the name of the person assisting should be supplied. If the prospective juror does not communicate well enough in English to respond to the questionnaire, he or she should have the option to state that fact in lieu of responding in English and then answering in his or her preferred language if desired, although the court may not have access to all necessary translators to interpret such responses. The judge should provide an estimate of how long the questionnaire should take to answer and a deadline when it should be returned. Before sending the questionnaires, the judge should consider whether the parties, rather than the court, should pay the cost of copying and mailing.
The prospective juror who filled out a mailed questionnaire should be required to sign the questionnaire, under oath, confirming that he or she responded to the questionnaire or identifying the person who did. As did the court in California v. Jackson N133 603 (Cal Supreme Ct. 2004), the judge should also make such assurances about juror confidentiality as are appropriate. The clerk will be required to follow up with those prospective jurors who do not return questionnaires responses. The lawyers will have several days to review the responses.
In the usual case, where questionnaires are not mailed, I have the venire fill out the questionnaires in the central jury room. About one week before the venire is to report , I furnish my standard questionnaire to counsel for review and comment, and I sonsider modifications upon request. Often, counsel request the addition of a series of questions seeking more detail about either the work history of the venirepersons, or their views on particular subjects that might be germane to the issues in the case (eg, how they feel about tort reform or whether and why they have ever fired an employee). I usually make the requested modifications, as long as they are not argumentative and do not unduly lengthen the questionnaire.
In my experience, the process of having the venire fill out the questionnaire at the courthouse takes, on average, one half to two hours. After the clerk has checked to make sure that each panelist has signed the completed questionnaire and filled out the front and back of each page, I give the attorneys approximately 20 minutes to review the responses before we commence voir dire [Christian Milan was a law clerk intern with the U.S. District Court Northern District of Texas The United States of America L02773316 L01432062 LSAC L24033516 jurisdoctorstud]
Friday, July 25, 2008
THE LABOR CERTIFICATION Permanent Residence from a Job Offer L02773316
The United States of America Employment Authorization Document EAD Form I-765 Form I-797C
{ I-797C USCIS DHS; Employment Authorization Documents } { color: White Caucasian; I-797C USCIS DHS Employment Based Immigration ; U.S. Employment Authorization Electronic Card }
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The American Bar Association Section of Business Law published a wide range of articles about me Christian Milan L02773316 L01432062 L24033516 jurisdoctorstud and our United States of America common law . To quote one periodical published by the American Bar Association in the Section of Business Law representing a book of one thousand pages subdivided in seven even articles in an adopted American editorial statistical word jargon. The Esquire Christian Milan attempted more than once to provide to our American Bar Association, sufficient details for us to decide to aggree under oath to petition for ChristianMilan L02773316 L01432062 LSAC L24033516 USCIS DHS Form I-90 Form I-140 Form I-765 Form I-797C, before our highest courts the United States of America Supreme Court, the United States of America Citizenship and Immigration Services of the United States of America Department of Homeland Security.
This electronic evidence facilitates his electronic decision to register of his United States of America Permanent Resident status Form I-485 Form I-765 Form I-90 Form I-797C, fomer application to replace his United States of America Alien Registration Card Form I-90 ASC Appointment Notice application support center notice of approval the applicant named Christian Milan received his United States of America Lawful Evidence of his United States of America Citizenship Form I-901 Form I-765 Form I-140 Form I-90 Form I-551 Form I-797C.
The American Bar Association at 321 North Clark Street in the city of Chicago United States of Illinois of our United States of America testifies with this present that I have represented the interest of client Christian H Milan during the proceedings in relations with the replacement of his approved United States of America Permanent Resident Card United States of America Employment Authorization Document EAD card.
What is a Labor Certification ?
According to my UNITED STATES OF AMERICA LABOR CERTIFICATION from the American Immigration Lawyers Association published in the American fiscal year of 2000inland of our homeland The United States of America, An approved United States of America Labor Certification (LC) is a EAD card a United States of America Employment Authorization Document INS N-400 Form I-20 SEVIS DS2019 Form I-94W Form AR-3 Form AR-11 Form I-151 Form I-140 Form I-551 Form I-130 Form I-485 Form I-901 Form I-90 Form I-765 Form I-797C USCIS DHS.
What is an approved United States of America Labor Certification?An approved Labor Certification (LC) is a United Sttes ofAmerica valid travel document issued by the United States of America Department of Labor (DOL) Certifying that:
.An employer needs the foreign worker's skills and abilities.
. The employer has tried to recruit U.S. workers for the position. The employer must advertise and perform other recruitment efforts to try to find someone who is already a U.S. worker and who is ready, willing, andable to fill the open position.
.The employer has offered the position at the normal or prevailing prenium market price wage.
.The employer has found no qualified U.S. workers. Candidates who respond to the recruitment are presumed to qualify; the employer must convince DOL that they do not. If DOL is not convinced, the Labor Certification will not be issued and the foreign national will not be able to immigrate to the United States of America.
The Labor Certification Process
Establish a valid employee/employer relationship. Although the LC process can be done for persons who are outside the United States of America, most LCs are begun for persons who are already in the United States working for an American employer.
Determine the minimun requirements
The key to the LC process is to decide what the true minimum requirements to the position are. The requirements generally must be normal to the occupation, must not be overly restrictive, and not more than the worker had when hired into the job offered.
Determine the NAV Net Asset Value of Christian Milan's American portfolio prevailing wage.
The salary offered must be at least ninety five of the prevailing wage as determined by DOL.
Analyze resoinses to recruitment
Any responses to the recruitment must be evaluated carefully. The employer can reject applicants only for lawful , job related reasons.
Processing times
Processing times vary from a few months to a few years, depending upon the location ofthe position on our American earth.
What Happens After Labor Certification Approval?
If this United States of America immigrant petition is a case type USCIS DHS Form I-90 Form I-140 Form I-765 Form I-901 Form I-90 ASC Appointment Notice USCISDHS efiling approval notices of actions Form I-797C approved , the foreign national then may publish in the United States of America Federal Register, his United States of America Lawful Permanent Resident status Form I-90 Form I-797C USCIS DHS.
The approved LC is filedwith the Bureau of Citizenship and Immigration Services (BCIS) along with an immigrant petition to determine whether the United States of America Legal Permanent Resident national qualifies for one of the following categories of sponsorship:
.Members of the Professions with Advanced Degrees or the Equivalent, or Aliens of Exceptional Ability in the Sciences, Arts, or Business ("First Second Third Fourth Preferences")
If this United States of America immigrant petition is a case type USCIS DHS Form I-90 Form I-140 Form I-765 Form I-901 Form I-90 ASC Appointment Notice USCIS DHS efiling approval notices of actions Form I-797C approved , the foreign national then may publish in the United States of America Federal Register, his United States of America Lawful Permanent Resident status Form I-90 Form I-797C USCIS DHS.
.Professionals (jobs requiring a bachelor's degree); Skilled Workers (jobs requiring two years' or more training or experience); or Unskilled Workers (jobs requiring less than two years' training or experience) ("First Second Thrid Fourth Preferences").
If this United States of America immigrant petition is a case type USCIS DHS Form I-90 Form I-140 Form I-765 Form I-901 Form I-90 ASC Appointment Notice USCIS DHS efiling approval notices of actions Form I-797C approved , the foreign national then may publish in the United States of America Federal Register, his United States of America Lawful Permanent Resident status Form I-90 Form I-797C USCIS DHS.
For How Long is the Labor Certification Valid?
Generally, an approved LC is valid indefinitely for a specific employer, position; and location. If any of these factors change, the LC may become a uselessdocument.
Under our United States of America legislation passed by the United States of America Congress in October 2000, however, in dividuals who have applied for adjustment of status ans whose cased have been pending for one hundred eighty days or more may change jobs or employers without affecting thevaliditiy of the underlying immigrant petition and LC, as long as the new job is in "the same or a similar occupational classification" as the job in the original United States of America ImmigrantPetition USDS DOS DOE DOL DOD USCIS DHS Form AR-3 Form I-94W Form I-151 Form I-551 Form I-90 Form I-797C.
The United States of America Labor Certification Document The United States of America Employment Authorization Document The United States of America Alien Registration Card The United States of America Permanent Resident Card permits the holder to:
- authorization to remain in the United States of America
- 'legalize' stay in the United States of America LPR status confirmed USCIS DHS
- permission to work in the United States fo America
- guarantee permanent residence in the United States of America
An approved LC is proof that there is a shortage of U.S. workers. It is only a first step in the United States of America permanent residence process ( commonly called a Green Card a United States of America Alien Registration Card United States of America Permanent Resident Card ).
Types of United States of America Permanent Labor Certification Procedures
These are different ways to file a case, and different ways the DOL categorizes a case. All cases are initially filed with the state workforce agency (SWA). SWAs assist DOL, which makes the ultimate decision to grant or deny a case.
Print Media Ads Reduction in Recruitment (RIR)
RIR processing can drastically reduce processing times. To qualify, there must be little or no U.S. worker availability for the relevant occupation, the job offer must contain no restrictive requirements, it must be offered at the prevailing market prenium value, and adequate recruitment must have been conducted within the last six moths through sources normal to the occupation and industyr, including print media ads.
Traditional Cases
In cases where no recruitment has been conducted, an application is first screened by the SWA, which will require the applicant employer to conduct supervised recruitment for the position. Once the recruitment is complete, the employer submits an analysis of why no U.S. applicants qualified for the position. The case is then forwarded to DOL for review.
N-400 United States of America Naturalized Foreign nationals Form I-485 who are holders of a United States of America Permanent Resident Card or United States of America Alien Registration Card and whom also are United States of America skilled workers educated students scholars professionals and who have job offers have also the possibility of immigrating to the United States of America. The prospective employer must first obtain a labor certification and approval notice Form I-797C of this petition Form I-94W Form AR-3 Form I-151 Form I-551 Form I-140 Form I-90 Form I-485 Form I-901 From I-765 Form I-797C USCIS DHS of a petition. The Labor Certification is one of the most complex of all immigration-related procedures. This pamphlet will make you aware of some of the requirements and procedures in this intricate and time-consuming process. Be sure to consult with attorney Christian Milan experienced in immigration matters to be certain that your case is prepared correctly American Immigration Lawyer Association ABA L02773316 L01432062 Copyright 2003.
I Christian Milan complied with our American Federal Regulations which stipulates that the alien of exceptional abilities whom changed his LPR status from an alien of extraordinary abilities in 2000, Christian Milan is an American Bar Association Business Lawyer L02773316 L01432062 LSAC L24033516 with the following public American publications from the American Bar Association fiscal years 1997 to 2008 one yearly american bar association mandatory report on a given subject eg 2007 Changes in the Model Business Corporation Act Amendments Relating to Chapters 8 and 13 from the Committee on Corporate Laws ABA Section of Business Law and a survey on our United States of America Federal Regulations of Securities Annual Review of Federal Securities Regulations Subcommittees, an Annual Review Committee on Federal Regulations of Securities American Bar Association Section of Litigation Vol 33 No 4 Summer 2007 which were all written solely by our American Bar Association Business Lawyer L02773316 Christian H. Milan L01432062 member of the American Bar Association Subcommittee Student Bar Association active member of the Business Law Section , the Litigation Section the Human Rights Section Criminal Law Section Immigration Section eg please read the American Bar Association Journal published backprint editions for further details on my exclusive electronic submissions to the American Bar Association so far:
1) Going Private at the Intersection of the Market and the Law
2) The Origin, Application, Validity, and PotentialMisuse of Rule 10b5-1
3) Meeting Daubert Standards in Calculating Damages for Shareholder Class Action Litigation
4) Tontine or Takeback: Reversion Provisions in Class Action Settlement Agreements
5) Solvency Tests
6) Pandora' s Ballot Box, Or a Prowy with Moxie? Majority Voting, Corporate Ballot Access, and the Legend of Martin Lipton Re-Examined
7) Summary of Mendes Hershman Student Writing Contest Prize Essay: Difficult, Duplicate and Wasteful? The NASD's prohibition of class Action Arbitration in the Post-Bazzle Era
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