If you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information. or retaliation, you first have to file a charge with the EEOC (except for lawsuits under the Equal Pay Act, see below).

Even though mediation is informal, to reach a successful result you will need to show your adversary that you have strong evidence to support your legal position—evidence that is admissible in court should mediation fail. Otherwise, your adversary may not be willing to settle the case on terms you think are fair. This book will help you represent your position effectively during mediation.
o Actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states; citizens of a state and foreign states or citizens or subjects thereof; or citizens of different states in which foreign states or citizens or subjects thereof are additional parties ("diversity" cases).
The Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". A Senior Assistant State's Attorney explained that the new standard essentially allows judges to consider whether the defendants are competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.[27][28]

The links in these areas will let you leave ESET’s sites. The linked sites are not under the control of ESET and ESET is not responsible of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ESET is not responsible for web casting or any other form of transmission received from any linked site. ESET is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESET of these sites or their content.

This is ClassAction.org's current list of open lawsuits and investigations. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The list is updated frequently, so check back soon for updates.
Authority is the information used to convince a court how to apply the law to the facts of a case. Legal authority is divided into two classes -- primary and secondary. There are two sources of primary authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases in other jurisdictions.
Nor do you need to be intimidated by the difficulty of the law or legal reasoning. Your trial will probably be concerned with facts, not abstract legal issues. For the most part, you can look up the law you need to know. (See Chapter 23 for information on how to do this.) Legal reasoning is not so different from everyday rational thinking. Forget the silly notion that you have to act or sound like an experienced lawyer to be successful in court. Both lawyers and nonlawyers with extremely varied personal styles can succeed in court. The advice to “be yourself” is as appropriate inside the courtroom as outside.
Just as there are certain standards of procedure for filing documents with the Clerk's office, there are certain standards for citing authority when applying the law to the facts of a certain case. The most common source of citation standards is A Uniform System of Citation, Fifteenth Edition, published and distributed by The Harvard Law Review Association, Cambridge, Massachusetts. It is more commonly referred to as "The Bluebook" and sometimes as the "The Harvard Citator." All of the information required for proper citation format can be found in this one text.
Overcoming these problems can be made more difficult because of the large number of cases available. The number of legal cases available via electronic means is constantly increasing (in 2003, US appellate courts handed down approximately 500 new cases per day[2]), meaning that an accurate legal information retrieval system must incorporate methods of both sorting past data and managing new data.[2][11]
- The United States Court of Appeals for the Federal Circuit hears appeals from final decisions of federal district courts for civil actions arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks, including claims of unfair competition when joined with substantial and related claims dealing with patents, copyrights, etc. as well as the final decisions of the district courts and the United States Claims Court where the United States is sued as defendant, and appeals from decisions of the United States Court of International Trade, and United States Patent and Trademark Office, the United States International Trade Commission relating to unfair import practices, and decisions by the Secretary of Commerce relating to import tariffs, among others.

If the ALJ rules against you, you typically can appeal within the agency. If the agency’s decision is still unfavorable, you have “exhausted your administrative remedies” and can go to court and file a pleading asking a judge to overturn it. However, the judge who reviews the case will decide it based on the information you provided at the hearing. You won’t be able to present new evidence in court.
The Judiciary Act of 1789, one of those laws, states that "in all courts of the United States, the parties may plead and manage their own causes personally." It follows that federal judges must respect the pro se litigants' right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.
Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.
The district chose not to renew Vukadinovich's contract soon after, and he blamed it on age discrimination and retaliation by the former Hammond principal. He also claimed Hanover violated his right to due process. Hanover Superintendent Tom Taylor, who was not in that position at the time of Vukadinovich's firing, could not be reached for comment.
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If you represent yourself in an admin­istrative hearing you should be as respect­ful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency’s action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.


If you have a legal dispute, you may well find yourself involved in an arbitration rather than a trial. One reason is that in many states, judges have the power to order you and your adversary to arbitrate certain kinds of disputes. Or you may have signed an agreement that provides for binding arbitration of all disputes arising under the agreement. For example, if you are an investor who believes a brokerage house violated securities laws while handling your account, a condominium owner who has filed suit against your ­condominium association for unreasonably restricting your right to remodel your unit, or a business­person who wants to sue for breach of a written contract, you may have agreed in writing (in the broker’s agreement, the condominium association’s set of rules, or the business contract) to arbitrate all ­disputes.
In October, 2018, the Trump administration filed another motion with the U.S. District Court for the District of Oregon to stay discovery and a third writ of mandamus petition with the Ninth Circuit Court of Appeals. U.S. District Court Judge Ann Aiken ruled on the Trump administration’s motion for judgment on the pleadings (“MJP”) and motion for summary judgment (“MSJ”), which were filed earlier this year. Judge Aiken denied the motions brought by the Trump administration, but granted the motions in part by limiting the scope of the plaintiffs’ claims and dismissing the President from the case. On October 18, 2018, the Trump administration filed a second writ of mandamus petition and application for stay with the U.S. Supreme Court, asking it to circumvent the ordinary procedures of federal litigation and stop the constitutional case Juliana v. United States. On October 19, 2018, the U.S. Supreme Court ordered a temporary, administrative stay while it considers the federal government’s petition and asked plaintiffs to respond to it. On October 22, 2018, attorneys for youth plaintiffs filed their response, requesting that the Court allow their trial to proceed on October 29 and pointing to numerous mischaracterizations of the lawsuit by the Trump administration in its recent filing with the Court.

The lack of civility among lawyers is a frequent topic at bar association meetings. Canon 7 of the American Bar Association Model Code states that a “lawyer should represent a client zealously within the bounds of the law.” Many lawyers blame an over-enthusiastic reliance on Canon 7 for what they consider a rising tide of lawyer incivility (or bullying) that characterizes modern litigation. Commonly-cited examples include:

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The information and opinions contained on this web site constitute neither a solicitation, nor a recommendation, nor an offer to buy or sell investment instruments, or to engage in any other kind of transaction. None of the products or services described on this web site are available, nor will any of the prospectuses about these products or services be distributed, to persons in the UK or any other jurisdiction where the provision of these products or services would run counter to local laws and regulation.
The judge in my case offered an angry and dismissive "Here we go!" when I argued that he must liberally construe the allegations in my complaint, as the 1972 Supreme Court precedent Haines v. Kerner dictates. He also disregarded the court's own local rules by denying my right to conduct my own voir dire of the prospective jurors, simply because I was proceeding pro se. He berated me in open court for my refusal to retain an attorney, and condescendingly informed me that he didn't think I would prevail at the trial. At various points, including when he urged me to accept the defendant's settlement offer, I felt he was trying to intimidate me simply because I chose to represent myself.
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.
Having said that, lawyers are trained and experienced in the fields of their practice. In litigation, a lawyer will know the rules of procedure, how things are customarily done in the particular court, the substantive laws that apply to the case, and appellate rulings that may be applicable. Lawyers also have the advantage of being able to give their clients an outside look at the case (clients usually are overly confident that they are correct and that they judge/jury will believe everything that they say and nothing that the other party says). And lawyers are usually much more skilled at negotiating settlements and have the benefit of experience to guide them on fair value of the case.
Allegations have surfaced that Allura’s fiber cement siding is defective and can begin cracking within five years of installation, which may include their MaxiTile products. A class action lawsuit has already been filed in South Carolina over the issue – but more people are needed to speak up to help strengthen the litigation and ensure as many people as possible are covered.
Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to a history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal.
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