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Simple English definitions for legal terms

Securities dispute resolution: Hearings

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A quick definition of Securities dispute resolution: Hearings:

Hearings in securities dispute resolution are like a trial in a courtroom, but less formal. During a hearing, all parties meet to hear the case and present evidence. The claimant presents their case first, including evidence, witnesses, and experts. The opposing party then has a chance to cross-examine the witnesses. Then, the respondent presents their evidence and witnesses, and the claimant can cross-examine them. The panel of arbitrators may ask questions to clarify any issues. The hearing ends with closing statements from each party, and the panel goes into deliberations. Hearings are flexible and informal, but can be costly if they last longer than a week.

A more thorough explanation:

Definition: Arbitration hearings are a formal meeting where all parties involved in a securities dispute come together to present their case and supporting evidence. It is similar to a courtroom trial, but less formal.

During the hearing, the panel will begin with a brief statement, followed by opening statements from each party. The claimant will then present their case, including evidence, witness testimony, and experts. The opposing party will have the opportunity to cross-examine all witnesses presented. Then, the roles will reverse, and the respondent will present their evidence and witnesses, leaving the claimant a chance to cross-examine these witnesses. The panel may ask questions to clarify any issues at any point during the hearing.

Unlike in a trial, the rules of evidence that operate in the courtroom do not operate to the same extent in arbitration. Arbitrators tend to be much more flexible than judges in allowing evidence to come in.

For example, if a securities broker is accused of making unsuitable investments for a client, both parties will present their evidence and testimony during the hearing. The claimant may present statements from the broker, account statements, and expert testimony to support their claim. The respondent may present their own statements, account statements, and expert testimony to refute the claim. The panel will then deliberate and make a decision.

According to the Financial Industry Regulatory Authority (FINRA), most hearings tend to last between 3 days to a week. The length of the hearing can impact the cost, as hearing fees are calculated per day.

In summary, a securities dispute resolution hearing typically follows this timeline:

  1. Swearing in of arbitrators, parties, and witnesses
  2. Opening statement from each party
  3. Claimants’ presentation of facts of the case to arbitrators, including testimony
  4. Respondents’ presentation of facts of the case to arbitrators, including testimony
  5. Presentation of any counter-claims, cross-claims, or third-party claims
  6. Rebuttal evidence
  7. Closing statements
  8. Scheduling post-hearing submissions before closing the record
  9. Arbitration panel closes the record

Securities dispute resolution: Filing a complaint | Securities dispute resolution: Prehearing

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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
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