Search Site
Winston Churchill once famously said, “Democracy is the worst form of government, except for all the others.” Perhaps the worst form of ascertaining the truth is the American civil court system, except for all the others. I guess, all in all, it is pretty darn good. It may have its faults as Churchill thought about democracy but it is a system with an approach and a purpose and a pretty good track record.
In a recent blog, I wrote about cross-examination. There is a concept, culled from centuries of jurisprudence, that questioning and eliciting answers in a vigorous format helps to establish the facts. Also, an oath is a powerful tool in eliciting truth, although certainly not something that ensures or guarantees truth. Another concept behind witness testimony is that the trier-of-fact, usually a jury, can judge the demeanor of a witness. All of these reasons explain why hearsay is disfavored and often excluded from the courtroom. Of course, there are exceptions which have carefully evolved over centuries. Hearsay exceptions need some indication of reliability if the proffered evidence is to be admitted.
What does Churchill have to do with this? No one can guarantee that the truth wins out. Nevertheless, if you talk to seasoned court observers, you will find that juries “most often get it right.”
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
-
5.0/5.0
Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
-
5.0/5.0
My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
-
5.0/5.0
I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
-
5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
Awards & Affiliations
Contact us
