If you have a legal dispute, you may well find yourself involved in an arbitration rather than a trial. One reason is that in many states, judges have the power to order you and your adversary to arbitrate certain kinds of disputes. Or you may have signed an agreement that provides for binding arbitration of all disputes arising under the agreement. For example, if you are an investor who believes a brokerage house violated securities laws while handling your account, a condominium owner who has filed suit against your condominium association for unreasonably restricting your right to remodel your unit, or a businessperson who wants to sue for breach of a written contract, you may have agreed in writing (in the broker’s agreement, the condominium association’s set of rules, or the business contract) to arbitrate all disputes.
The regression is run with five different sets of specifications. The first regresses outcomes against a dummy for whether the case took place with EDNY reform; the second model adds a dummy variable indicating whether each case took place in EDNY; the third model adds dummy variables indicating which district court each case was filed in; the fourth adds dummy variables for the year the case was filed (but removes the district dummy variables); and the fifth model includes dummy variables for both the year and district for each case.126
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
Amendments.15 The Sixth Amendment famously states that, “[i]n all criminal prosecutions, the accused shall enjoy the right to . . . the Assistance of Counsel for his defence.”16 The Supreme Court has clarified the scope of the right to counsel in criminal prosecutions through a series of landmark cases, gradually converting a guaranteed right to provide one’s own counsel into a right to
This is a nonprofit organization which provides low income people with representation in civil matters which constitute emergencies, such as loss of income, shelter, and medical care. In addition, this office has PA Legal Aid Network pamphlets which contain information on many legal situations such as divorce, custody, child support and foreclosure.
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
Some states have just one kind of trial court, which hears all sorts of cases. In Illinois, for example, circuit courts hear all kinds of disputes. In other states, by contrast, cases that involve less than a certain dollar amount may be tried in one type of court (municipal, city, or justice court, for example), while larger cases go to another type of court (superior, county, or circuit court, for example).
No Guidance on Timing or Parties. The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued. Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time. And there are limits on who can be named as a party in a case and when they have to be added. Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.