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
ESET, ESET software, ESET logo, ESET.com, NOD, NOD32, AMON, PERSPEKT, VIRUS RADAR, VÍRUSOVÝ RADAR, VIROVÝ RADAR, ThreatSense, ThreatSense.Net®, AntiThreat and/or other products or services of ESET mentioned here, are trademarks and registered trademarks of ESET Other product and company names mentioned herein may be trademarks or trade names of their respective owners.
The recall and precision rates of these searches vary depending on the implementation and searches analyzed. One study found a basic boolean search's recall rate to be roughly 20%, and its precision rate to be roughly 79%.[3] Another study implemented a generic search (that is, not designed for legal uses) and found a recall rate of 56% and a precision rate of 72% among legal professionals. Both numbers increased when searches were run by non-legal professionals, to a 68% recall rate and 77% precision rate. This is likely explained because of the use of complex legal terms by the legal professionals.[12]
A new United Nations report tells us that human activity is basically slaughtering the wildlife out there, killing off the species upon which our own existence is reliant. We should stop doing that, and I assume that you're with me, because we'd like a world for our grandchildren to live in so we probably should stop doing that. The thing is, to do so we should stop doing pretty much every thing it is that this report and environmentalists tell us to do.
You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view."  "That is A defense" versus "They don't have a defense."  Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom.  Opposing side is supposed to have a view, defense or assertion.  Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.

Knowing ahead of time that you may encounter a hostile attitude is the best weapon against it. Read and study this book and other legal resources, many of which are available free online or in your local library. Learn how to prepare and present a persuasive case and follow the proper procedures for the Clerk’s Office and the courtroom. If you believe that court personnel at any level are being rude to you, be courteous and professional in ­return, even as you insist upon fair treatment. By knowing and following court rules and courtroom techniques, you can often earn the respect of the judge and the others who work in the courtroom. As a result, you may well find that they will go out of their way to help you.
Unless you are in court regularly, you may not know how a case proceeds from initial filing through trial. Therefore, this book also provides you with background information about what you will see—and what you need to do—when you enter the courtroom where your case will be heard. You will learn where to file your court papers; how to subpoena witnesses (order witnesses to come to court and testify); the functions of a courthouse Clerk’s Office and a courtroom clerk; and the powers and duties of all the personnel who typically carry out courthouse business, including bailiffs, court reporters, interpreters, attorneys, jurors, and judges.
All judges are subject to the Code of Conduct for United States Judges. The Clerk of Court and Clerk's Office staff members are subject to the Code of Conduct for Judicial Employees. Part of the codes of conduct prohibit Clerk's Office employees from accepting any gift, without exception, from anyone seeking official action from or doing business with the court or from anyone whose interests may be substantially affected by the performance or nonperformance of official duties. This prohibition includes accepting any sort of holiday gift, whether intended for the Clerk's Office as a whole or for a specific individual.
Legal information systems must also be programmed to deal with law-specific words and phrases. Though this is less problematic in the context of words which exist solely in law, legal texts also frequently use polysemes, words may have different meanings when used in a legal or common-speech manner, potentially both within the same document. The legal meanings may be dependent on the area of law in which it is applied. For example, in the context of European Union legislation, the term "worker" has four different meanings:[9]

Legal information retrieval is the science of information retrieval applied to legal text, including legislation, case law, and scholarly works.[1] Accurate legal information retrieval is important to provide access to the law to laymen and legal professionals. Its importance has increased because of the vast and quickly increasing amount of legal documents available through electronic means.[2] Legal information retrieval is a part of the growing field of legal informatics.


Consumers have tried to convince courts to set aside arbitration provisions on the grounds that they are unconscionable and deprive them of their day in court. However, these challenges are not usually successful. For example, under the Federal Arbitration Act, arbitration provisions can trump consumers’ rights to file class action lawsuits. (AT&T Mobility LLC v. Conception, 131 S.Ct. 1740 (2011)).


This material provides general information only. Neither the information nor any views expressed constitutes an offer or an invitation to make an offer, to buy or sell any securities or other investment or any options, futures or derivatives related to such securities or investments. It is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and the particular needs of any specific person who may receive this material. Investors should seek financial advice regarding the appropriateness of investing in any securities, other investment or investment strategies discussed in this report and should understand that statements regarding future prospects may not be realized. Investors should note that income from securities or other investments, if any, may fluctuate and that price or value of such securities and investments may rise or fall. Accordingly, investors may receive back less than originally invested. Past performance is not necessarily a guide to future performance. Any information relating to the tax status of financial instruments discussed herein is not intended to provide tax advice or to be used by anyone to provide tax advice. Investors are urged to seek tax advice based on their particular circumstances from an independent tax professional.
American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision and participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit.
3. Motion for Mistrial: Either party can move for a mistrial if, for example, during the course of the trial certain matters which are not admissible such as those mentioned in a motion for limine are presented by any witness either purposely or unintentionally in the presence of the jury. If the jury grants the motion for mistrial, the trial is immediately ended and the jury is dismissed.

Conversely, pro se litigants who make mistakes lose day in and day out, even with minor infractions. This is most often due to lack of knowledge, but judicial bias and lawyer tricks add another layer of peril. Lawyers know how to avoid default judgments, dismissals, and summary judgments. Pro se litigants rarely do. Lawyers skillfully “handle” pro se opposition. Most pro se litigants don’t handle lawyers or their own cases. In the end, most lose and they do so very quickly.
Jurisdiction is the authority given a court to hear and decide certain cases. For a court to render a valid judgment, it must have both jurisdiction over the subject matter of the controversy and jurisdiction over the persons or entities involved. The court system is described more fully in Chapter IV of this handbook; however, to file a case in federal court, you must meet at least one of two important criteria:
Pro se representation presents unique but not insurmountable challenges for claimants and the legal system. In Louisiana, for instance, the Louisiana Court of Appeals tracks the results of pro se appeals against represented appeals. In 2000, 7% of writs in civil appeals submitted to the court pro se were granted, compared to 46% of writs submitted by counsel. In criminal cases the ratio is closer - 34% of pro se writs were granted, compared with 45% of writs submitted by counsel.[38] According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision and participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit.
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance;[62] public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help[citation needed], and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, the Self-Represented Litigation Network (SRLN) is an organization whose web site, srln.org, is dedicated to issues related to self-represented litigation and offers a curated resource library for legal professionals (courts, lawyers, and allies) engaged in pro se litigation. The organization provides no assistance with particular complaints.[63] "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.[64]
After the jury is empanelled, each side may present an opening statement. Local Rule 39.1. The plaintiff has the burden of proving that plaintiff was wronged and suffered damages from such wrong and that the defendant caused such damages; the plaintiff is therefore allowed to present his statement first. This may be followed by a statement by the defendant.
I finally decided to invest in the program and start to learn "How to Win in Court"! Your program saved me. Learning the rules of court make a difference! The HOA dropped the case. Thank you for everything! I now can start my life over after 10 years of unfounded harassment from greedy people who don't care! The only regret is I did not order your program sooner. ... Becca C.

Volunteer attorneys keep the calls as short as possible so that LegalLine can help as many people as possible. However, the length of calls varies depending on complexity. If you cannot get through due to high call volume, please be patient. You might hang up and call later in the evening. If you end up in the voicemail system, we will try to have a lawyer call you back that evening.

Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where the members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs.
If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.
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