General Litigation
| Independence of the Judiciary |
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| An independent judiciary is a fundamental principle of our democracy. The founding fathers assured the independence of federal judges by giving them tenure for life. The United States Constitution also prevents the reduction of a federal judge's salary while he/she is in office. The founding fathers also specified that federal judges could only be impeached and removed from office for committing treason, bribery, or other high crimes and misdemeanors.
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| Appeal Bonds |
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| In the federal courts and most state courts, the defendant has a right to appeal the judgment. In most jurisdictions, it is necessary to give a bond when appealing a case. More... |
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| Judicial Accountability |
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| Judges take an oath of office to follow and apply the law faithfully. In certain cases, judges find themselves in a dilemma--that of faithfully applying a law that conflicts with the judge's own beliefs, principles, or sense of justice. In addition to taking an oath to uphold the law, judicial ethics and judicial precedent require a judge to follow prior case law on matters that have been decided by higher courts. More... |
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| State Court System Overview |
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| Each of the 50 states has its own court system. Each state system has three levels: the lowest level (generally called trial court), an appellate level (generally called a court of appeal), and the highest level (generally called a supreme court). More... |
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| Factors to Consider Before Filing a Civil Lawsuit |
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| An attorney has a role as an advisor and a counselor to his or her client. The attorney has a responsibility to explain the adversary process to the client. The American legal system is an adversarial one, meaning that the attorneys for disputing parties present their cases, and a judge or jury acts as the neutral decision-maker. The parties' attorneys are advocates for their clients' positions. The advocates use the facts of the case and the law to present their party's claims in the most favorable light. This article discusses the attorney's role in litigation planning. A reputable attorney will honestly review the facts of a client's case and help the client weigh each of the following considerations before deciding to file a lawsuit. More... |
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