| Dismissals and Reinstatements of Civil Lawsuits |
| |
| The law allows the plaintiff (the person suing) to dismiss his/her lawsuit after it has been filed. In addition, the court has authority to order dismissal of a lawsuit under certain circumstances. This article discusses voluntary dismissals by the plaintiff, involuntary dismissals by the court, and the circumstances under which a lawsuit can be reinstated. More... |
| |
| Appeal Bonds |
| |
| 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... |
| |
| The Courts and Community Relations |
| |
| A 1999 national survey conducted by the National Center for States Courts in Williamsburg, Virginia, revealed that almost half of all American citizens thought the courts were out of touch with the surrounding community. This number increased to two-thirds among African-Americans who were surveyed. As a result, collaborative programs between the community and state courts are becoming more common. The goal is to foster the average citizen's understanding of the judiciary and to build public trust in the court system.
More... |
| |
| Factors to Consider Before Filing a Civil Lawsuit |
| |
| 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... |
| |
| Statutes of Limitations and Statutes of Repose |
| |
| Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations.More... |
| |
