General Litigation
| Judicial Conflicts of Interest |
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| Our legal system requires a fair and independent judiciary. In order to maintain public trust in our system of justice, judges must conduct themselves in an ethical manner. There are codes of conduct, which set standards of behavior for state and federal judges. These standards are aimed at assuring the impartiality of judges and reducing the possibility of conflicts of interest. More... |
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| Federal Rules of Civil Procedure |
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| The U.S. Congress passed a law authorizing the federal judiciary to adopt rules of practice and procedure for federal court proceedings. Congress also created a body called the Judicial Conference of the United States to administer the federal courts. The Supreme Court of the United States can prescribe federal procedural rules, and the Judicial Conference has authority to recommend changes to the rules. Any rules adopted by the Supreme Court are subject to congressional review. More... |
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| Judicial Immunity |
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| As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter. More... |
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| Opening Statements and Closing Arguments at Trial |
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| A trial begins with opening statements by the attorneys for the litigants (the parties in the lawsuit). The plaintiff (the party suing) has the burden of proof in the case. This means the plaintiff must prove the allegations in his/her complaint in order to win the case. The standard of proof in a civil lawsuit is a preponderance of the evidence (the facts are more in favor of the plaintiff than the defendant, the party being sued.) In a criminal prosecution, the government is the plaintiff. The government has to prove a criminal defendant's guilt beyond a reasonable doubt. More... |
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| Mandatory Arbitration Clauses |
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| Contracts often include arbitration clauses. Arbitration is a method of alternative dispute resolution. The arbitration process is less formal than a trial, and the dispute is resolved much more quickly than traditional litigation. Arbitration clauses require a dispute to be submitted to arbitration instead of filing a lawsuit. The arbitrator's decision is final and binding on the parties. Some legal commentators claim that mandatory arbitration clauses undermine consumer rights. This article discusses the impact of mandatory arbitration clauses on consumers. More... |
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