It does seem crazy, but when you read the cases and the opinions of the judges, including Republican judges, that’s what they found in so many instances. It’s hard to tell whether the agencies knew that they were out on a limb with so many of these decisions and went ahead anyway, or didn’t have competent legal advice. Some experts, as the article said, thought that the failure of some agencies to “do their homework” as they suspended or delayed regulations, for example, showed that they were more interested in making announcements of deregulatory change than in the change itself, so the risk of a judge blocking their actions didn’t concern them all that much. Of course, the agency spokespeople deny that. But lawyers know, for example, that the law sometimes requires public notice and comment when making regulatory change. It’s not hard. It just slows things down. But if they fail to do it, it’s almost a certainty that a judge will object. These are not close calls. Now some of the cases, like the census case (the Commerce Department’s decision to add a citizenship question to the census), are much more complex than what I’m describing and raise deeper issues, which we continue to pursue.
However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. Arkell v Pressdram). Where a legal proceeding does not have formally designated adverse parties, a form such as In re, Re or In the matter of is used (e.g. In re Gault). The "v" separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as "and" or "against" (as in, for example, Charles Dickens' Jarndyce and Jarndyce). Where it is considered necessary to protect the anonymity of a natural person, some cases may have one or both parties replaced by a standard pseudonym (Jane Roe in Roe v. Wade) or by an initial (D v D). In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin Rex or Regina, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award. His recent books include Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); and Represent Yourself In Court and The Criminal Law Handbook (both with Berman-Barrett, Nolo). He has also published numerous articles in law journals.
The Telephone Counseling Line provides education and information regarding residential tenant-landlord disputes. Lines are busy, and callers are encouraged to keep trying. Phones are answered by trained housing counselors who offer options, refer callers to other agencies, or suggest legal assistance through Legal Aid, lawyer referral services, etc. The counselors can discuss tenant-landlord rights and responsibilities as described in the Texas Property Code and other sources. However, no attorneys are on staff and ATC counselors cannot offer legal advice. Anyone needing legal advice should contact an attorney.
The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of the petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in the lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account.
Kill them with kindness. “Be nice to everyone in the courtroom. Kindness makes the world a better place, and it makes you a happier person. But if that’s not enough to convince you, consider this: Kindness makes you more likely to win your case. When jurors think you’re a good person, they’ll give you the benefit of the doubt and ascribe good motives to what you say. If they think you’re nasty or dishonest, they’ll discount everything that comes out of your mouth.
8. "Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgements and orders are regarded as nullities ; they are not voidable, but simply void, and this even prior to reversal." WILLIAMSON v. BERRY, 8 HOW. 945, 540 12 L. Ed. 1170, 1189 ( 1850 ).
The Las Vegas Municipal Court offers the Habitual Offender Prevention & Education (HOPE) Court. It is an alternative approach to sentencing that offers repeat offenders structured programs to try to help them rebuild their lives. The court has been featured in the local media because of its success. The target goal of HOPE Court is to decrease instances of criminal activity committed by an increasing large group of offenders who repeatedly consume large dollar amounts of city resources because they repeatedly end up back on the streets—loitering; being picked up again and again by police officers; back in city jail; back in court; and back in front of the judge. HOPE Court clients are indigent; they are not able to self-pay.
When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as:
At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses. The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.
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.