Cornell’s Legal Information Institute is celebrating Constitution Day by publishing the first publicly-available web version of the Congressional Research Service’s Constitution Annotated, a non-partisan publication that helps readers appreciate how Americans’ collective understanding of our governing principles has changed throughout our history on timely issues such as the scope of presidential power, limits on free speech, or the right to bear arms. Read More Here
Prior to the actual trial, a pretrial conference is usually held between the trial judge and counsel to determine if all discovery has been completed, what exhibits and witnesses each side might use during the trial, the approximate length of time that will be necessary for the trial, and what ground rules the judge will require before, during, and after the trial. After the conference, a pretrial order is usually prepared which sets out the above.
Also, I don’t know what this obligation is to give access to justice that is apparently on the shoulders of individual lawyers. I only know of the 6th Amendment right to an attorney for defendants in a criminal trial, in which case any lawyer could be appointed to represent a defendant; I know of no other obligation to make legal services available to everyone on demand. But you can’t seriously tell me that you don’t pit pro se litigants against lawyers and publish the articles you do. I know some lawyers who are pretty burnt out dealing with pro se nonsense, and I know some who are more generous to those who play lawyer for themselves, but when your opposing counsel is a pro se litigant who can’t distinguish you from your client, or doesn’t understand why you’re representing your client vigorously and then goes on the defense, you wish you could just tell them what is obvious to you: it’s not about them. For example, I might be hesitant to encourage Tanya here to represent herself since she doesn’t seem to understand the difference between pro bono and contingency and statutes and case law, and that she hasn’t actually found any case law yet before deciding to pursue her lawsuit on her own and presenting what may be a matter of first impression, but that’s not my business…
References to "Merrill Lynch" are references to any company in the Merrill Lynch, Pierce, Fenner & Smith Incorporated group of companies, which are wholly owned by Bank of America Corporation. Securities and Insurance Products: Are Not FDIC Insured • Are Not Bank Guaranteed • May Lose Value • Are Not a Bank Deposit • Are Not a Condition to Any Banking Service or Activity • Are Not Insured by Any Federal Government Agency
In order to overcome the limits of basic boolean searches, information systems have attempted to classify case laws and statutes into more computer friendly structures. Usually, this results in the creation of an ontology to classify the texts, based on the way a legal professional might think about them. These attempt to link texts on the basis of their type, their value, and/or their topic areas. Most major legal search providers now implement some sort of classification search, such as Westlaw's “Natural Language” or LexisNexis' Headnote searches. Additionally, both of these services allow browsing of their classifications, via Westlaw's West Key Numbers or Lexis' Headnotes. Though these two search algorithms are proprietary and secret, it is known that they employ manual classification of text (though this may be computer-assisted).
So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.
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4. Objections: During the examination of a witness, one side may “object” to the questioning or testimony of a witness or presentation of evidence if the attorney feels the testimony or evidence about to be given should be excluded. If the objection is sustained by the judge, that particular testimony or evidence is excluded. If the objection is overruled by the judge, the testimony or evidence may be given. A ruling on an objection may be the basis for appeal; however, in order to preserve the right to appeal, a party must ask the court recorder that that portion of the trial--the question/evidence, the objection, and the ruling-- be transcribed in order to preserve the record for later appeal.
1. Arbitration: A dispute resolution process in which one or more arbitrators issue a non-binding judgment on the merits after an expedited, adversarial hearing. The arbitrator’s non-binding decision addresses only the disputed legal issues and applies legal standards. Either party may reject the non-binding ruling and request a trial de novo in district court within 30 days of the arbitrator’s decision. If they do not request trial de novo and do not attempt settlement, the arbitrator’s decision becomes the final, non-appealable decision.
On Thursday, April 25, 2019, Facebook, Inc. and Instagram, LLC filed a lawsuit in the United States District Court for the Northern District of California against Social Media Series Limited, a New Zealand company, and three other individual defendants for selling fake engagement services to Instagram users. The complaint alleges that the defendants sold fake […] Read More.
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.
Kessler had alleged that the Duffer brothers stole his idea for the series after the trio got to talking at a reception for a 2014 screening of “Honeymoon” at the Tribeca Film Festival. Kessler said he pitched the brothers an idea for a project based on urban legends about a decommissioned military installation in Montauk, New York. He said he was stunned a year later when Netflix announced the Duffer brothers’ show, which contained similar themes and was originally titled “Montauk.”
Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with a trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment, lack of a valid claim, and other reasons.