| Factors to Consider Before Filing a Civil Lawsuit |
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| 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... |
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| Finding Federal Regulations and Administrative Decisions |
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| Over 50 federal agencies perform regulatory functions. Most aspects of everyday life are regulated by federal agencies, including the food we eat, the clothes we wear, and the air we breathe. The body of law created by federal agencies is called administrative law. Administrative law covers the rules, regulations, and decisions of federal, state, and municipal agencies. This article discusses how to find proposed and final federal regulations, as well as how to locate the administrative orders or decisions of various federal agencies. More... |
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| The Jury in a Civil Lawsuit |
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| There is a constitutional right to a jury trial in certain types of civil cases. The jury in a civil lawsuit usually contains 6 to 12 people. More... |
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| Grounds for Sanctioning State Judges |
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| Judges are subject to standards of judicial conduct. Their actions are required to conform to certain norms and standards that relate to impartiality and ethical behavior. There are codes of judicial conduct for both state and federal judges. This article discusses cases in which state judges have been sanctioned or removed for ethical violations. More... |
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| Standards for Admitting Expert Testimony |
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| In 1993, the United States Supreme Court established standards for admitting expert testimony when it decided Daubert v. Merrill Dow Pharmaceuticals. The Court held that for scientific evidence to be reliable, it has to be based on scientific validity. To be admissible at trial, a scientific theory has to have been tested and subjected to peer review and publication. The rate of error has to be shown, and there must be standards controlling any research on the theory. Finally, the theory has to be generally accepted in the scientific community. More... |
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