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An appeal is formal request to reopen or reexamine an official judgment or judicial decision. The specific process for appealing a decision or judgment can vary by jurisdiction or Court. Regardless of the Court or jurisdiction, an appeal is started when the party filing the appeal or the appellant files a notice of appeal with the appropriate Appellate Court, Courts of Appeals, or Appeals Court. The notice may also have to be filed with the original lower Court. Any party of the original dispute (plaintiff,
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The United States Courts of Appeals, are also referred to as Circuit Courts, are the first step in any case that is being appealed. A case that is appealed is a case where the final verdict is being challenged by either the plaintiff or the defendant of the original case. The individual who file for an appeal is the appellant and the opposing party is the appellee. The Circuit Court of Appeals decides whether they will hear the case, refuse to hear the case, or return it to the lower Court or Dist
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What is arbitration? Arbitration is a legal mechanism used to resolve disputes through the aid of a neutral third-party who is given the authority to make a legally binding decision. The weight of this decision is what distinguishes arbitration from mediation. The parties are not obligated to follow a mediator's decision. In arbitration, both parties must agree to be bound by the arbitrator's decision before entering into the process. The arbitration process consists of written submissions from each party and an evidentiary hearing to establish the facts of the case.
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Though it may seem complicated, the arbitration process is actually much less complex and much more inexpensive than the common litigation process, which is typically held in a courtroom setting. Both parties agree on a neutral third party and a set of rules to determine a resolution to the outstanding matter being disputed. The neutral third party, also known as the arbitrator, will then issue a legally enforceable ruling regarding the dispute, which must be abided by both parties.
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The Federal Trade Commission (FTC) is the government agency assigned to protect the rights of consumers in the U.S. The Bureau of Consumer Protection (BCP or the Bureau) is the department within the FTC that is in charge with protecting the public from unfair, deceptive, or fraudulent business and commercial practices in the commerce industry. The FTC and the Bureau protect the interests
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A lawyer may be needed if you think fraud has occured or basic rights or laws were not followed.The following consumer areas are highly monitored for service and fraud problems.If some of the tips below have been violated or you feel you were defrauded, contact our lawyers for legal help.
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There are two main types of litigation: Criminal or civil. Criminal proceedings are used when a person commits a violation of a state or federal law. The two parties in a criminal litigation are the government and the accused person. The accused person is presumed innocent until the government is able to prove them guilty beyond a reasonable doubt. Because criminal cases usually involve the loss of a person's freedom, this required standard of proof is higher than that of a civil proceeding. Both types of litigation may be settled by the parties before the case ever reaches a
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Should I hire an attorney for my case? A. There is an old saying that the man who represents himself has a fool for an attorney. The truth is that attorneys are versed in particular areas of law and because it is their day to day job, they know the intricacies of these laws... Is mediation covered under litigation law? A. In some cases, yes. Mediation is when two parties decide to try and settle things outside of the court room, even though the court will have to approve the decisions and legally record those decisions... How do I know when to hire an attorney? A. The best time to speak with an attorney is as soon as you feel that you may have a case against someone. Your attorney should be hired in plenty of time to understand the details of the case before court...
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When you enter into a law suit, there are generally a set pattern of steps that are taken between when you seek the counsel of an attorney and when your case comes to resolution. It is important to understand and follow those steps, per the advice of your counsel, in order to come to adequate legal remedy for the loss that you have suffered.
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What is a Class Action Lawsuit?
Class action lawsuits allow a large group of people to be covered by one claim filed on their behalf. All plaintiffs in a class action suit must have a similar claim for damages. This is generally most effective when there are too many people involved in a claim for them to each file an individual lawsuit. The most common uses of class action lawsuits include securities fraud issues, hazardous products such as tobacco or asbestos, or mass violations of employment law. The plaintiff who files the case and represents the group is known as the Lead Plaintiff.
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Choosing the Right Lawyer for Your Case
Legal problems can be overwhelming and confusing. Lawyers attend law school to learn to negotiate and understand the laws, rules and regulations that make up our complex legal system. Although some...
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8 Things Most Lawyers Won't Tell You
We've all heard horror stories from the legal trenches.... Your lawyer fails to show up, he doesn't make an objection when it's the most important moment, he or she loses your big case for you. The list...