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.
Litigation was the pathway to the freedom to marry in many states. It often takes a judge to challenge prevailing assumptions (and even prejudice) that political decision-makers such as legislators or voters may be more unwilling to overcome. Early on, we won in state courts, first in Hawaii in the 1990s, then in Massachusetts, California, Connecticut, and Iowa. Later, we won in federal court, first in California, then in Utah, Oklahoma, and beyond, all the way up to the Supreme Court. In total, 25 of our final state victories (aside from the 13 final states we won at the U.S. Supreme Court) came through judicial rulings – 5 in state court and the rest in federal court. Most of these court wins came through our movement’s legal arm – the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, and the National Center for Lesbian Rights – while a significant share were initiated by private attorneys and assisted by growing numbers of law firms eager to join in the progress. Several of these victories, though, were stripped away by political attack, and most of them would not have happened had we not built momentum in public understanding and even the politics of the marriage debate, creating the climate for the courts to rule in our favor and ensure that the public and elected officials would accept the outcome.
Industry, CA: Simon Chu and Charley Loh, part-owners and former executives of Chinese appliance manufacturer Gree Electric Appliances and a company that imported, distributed, and sold China-manufactured dehumidifiers to retailers, allegedly knew the dehumidifiers caught fire but failed to report and recall (too expensive) the defects for at least six months. According to the indictment, the two men “deliberately” withheld information about the defective dehumidifiers.
Tell the story behind the litigation: At the heart of litigation efforts are stories of injustice to real people. Our campaigns have sought to use the emotional resonance of the injustice of real stories as crucial ways to make our case and grow support. Edie Windsor in the DOMA case was a compelling figure – and with a smart media strategy behind her, her story became a face of the injustice of DOMA and the need to dismantle it once and for all. While the media loves covering the ins and outs of the court process and politics, what moves hearts and minds are people’s actual stories. It’s certainly wise to elevate the story that’s being discussed in the litigation. It’s also wise to identify and amplify similar stories of injustice in the state and across the country similar to the story being considered in court.
LII was established in 1992 at Cornell Law School by Professor Peter Martin and Tom Bruce with a $250,000 multi-year startup grant from the National Center for Automated Information Research. The LII was originally based on Gopher and provided access to United States Supreme Court decisions and the US Code. Its original mission included the intent to "carry out applied research on the use of digital information technology in the distribution of legal information,...[and t]o make law more accessible." In the early years of LII, Bruce developed Cello the first web browser for Microsoft Windows. Cello was released on 8 June 1993. In 1994 LII moved from Gopher to the Web. Since 2007 the IRS has distributed its IRS Tax Products DVD with LII's version of 26 USC (Internal Revenue Code).
Without responding to their vacuous arguments, I noticed the court of "Schultz vs. IRS", US Court of Appeals for the 2nd Circuit, wherein it was ruled that a "Notice of Lien or Levy" is NOT a lien or levy. I argued that a lawful lien or levy must have a federal property seizure warrant signed by a federal judge to be valid. The IRS routinely skips this step.
You won't win a lawsuit by simply striding into the courthouse and demanding money from your opponent. Each type oflegal claimhas a number of "elements" that you'll need to prove in order to win. For example, in a dispute over a contract, you must prove that a contract existed, that you held up your end of the bargain, that your opponent failed to meet his or her contractual obligations, and that you were harmed as a result. You'll want to plan ahead carefully to make sure that you can prove every element of your case -- or, if you are defending yourself against a lawsuit, to make sure that you can disprove at least one element of your opponent's case.
“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.
A federal judge struck down the Donald Trump administration’s plan to require some people to work for their Medicaid benefits. Another judge halted Trump’s plan to open Arctic waters to drilling. Yet another ordered an end to what critics said was the administration’s efforts to encourage an end run around the Affordable Care Act. All in the span of about a week.
Lethal Take of Sea Lions: One of the most frustrating things you can face when you have a salmon or steelhead on the line, is a sea lion taking your catch. We have been directly involved in a successful lawsuit against the U.S. Humane Society to support the ODFW plan to use force against these problem predators. This is both an ESA issue and a human safety issue for sport anglers.
Aimed at professionals active in the legal information community this topical journal provides invaluable information for all those involved in the provision of legal information in the academic and professional environments. Published quarterly, and with an extensive current awareness section, a regular international developments column and coverage of management issues, Legal Information Management is the international journal for legal information professionals everywhere.
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.