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
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Certain types of cases can only be heard by judges. In many cases, however,either party hasthe right to request that the case be heard by a jury. Most people representing themselves will do better in front of a judge than a jury -- jury trials are more complicated for a variety of reasons, and presenting your case to a judge will make your job quite a bit easier. However, if your opponent requests a jury trial, you will have to deal with a jury, whether you want one or not.
The second service of LII Bulletin is a preview and analysis service for upcoming Supreme Court cases. Subscribers to the Bulletin receive legal analysis of upcoming Supreme Court cases with the intention of providing sophisticated yet accessible previews of the cases. LII selectively recruits second- and third-year students of the Cornell Law School to comprise the LII Bulletin editorial board. The Bulletin editorial board is responsible for every aspect of the journal's management, from selecting decisions for commentary to researching, writing, editing, and producing the journal content in HTML.
Lawyers spend years learning how to question witnesses, present evidence, and make arguments in court. Before you make your courtroom debut, you should learn the basics abouthow to follow the procedures and rules of the courtroom and how to prove your case. First, ask the court clerk for a copy of your court's local rules, which may include everything from deadlines for various trial procedures to nitpicky restrictions on how small your font can be in documents you submit to the court. Second, read Represent Yourself in Court, by Paul Bergman and Sara Berman (Nolo), a great resource that explains how to handle every step in a civil trial.
I have represented myself in various state and federal courts for years and have experienced firsthand just how unfair our system of justice can be against a person who decides to represent himself. Not long ago a federal judge looked me in the eye and told me just before the trial that I wouldn’t win. The judge did a lot of things during the trial to make it unfair for me, but I did win.
A lawyer’s role in substantial assistance is brokering an agreement with law enforcement and/or the District Attorney to make sure you are getting the a good deal for the information you are going to provide. Unless there’s a deal in place of some sort, any information you provide may not be credited to you and you may receive no benefit, so it’s important that an attorney ensures an appropriate deal is agreed upon.
“Moreover, while he filed his lawsuit in the state of Virginia, California law applies to this case and it outlines steps to demand corrections for the benefit of any individual who feels he or she has been libeled. In the over 10 months since the winery article appeared, Mr. Nunes has not once availed himself of the statute by writing to the Fresno Bee to demand that it publish a correction to any statement made about him.
With mediation, you and the other party meet with a neutral third party, who facilitates discussion. The third-party neutral does not decide the case; however, he or she will help the parties find common ground. The mediator may also propose potential ways to resolve the dispute. Mediation can be a cost-effective way of resolving a dispute to your (and the other party’s) satisfaction.
Though the majority of lawsuits are settled before ever reaching a state of trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine, for example in the United States), or vice versa. It is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have the ability to even enforce a judgment if the defendant's assets are theoretically outside their reach.