What is the best forum to resolve disputes? With the rise of alternative dispute resolution options, parties to a legal dispute are no longer limited to dispute resolutions such as an openly public and expensive traditional court system (litigation). Modernly, parties can also choose from options such as mediation and arbitration for dispute resolution. → Read More
Why should a will go through probate? Probate is the process that transfers legal title of property from the estate of the person who has died (the decedent) to his or her proper beneficiaries. The term probate refers to a proving of the existence of a valid will, or determining and proving one’s legal heirs if there is no will. Since the deceased can’t retain property, probate is the process that determines who gets his or her property. → Read More
Does probate court handle more than just probate? When we think of probate court, most of us think of the court that handles the settlement of an estate when someone dies. You hear about executors and will contests; and while there is certainly a lot of that, many probate courts handle much more. → Read More
In which courts can a decision be appealed? Both the federal and state court systems generally have three levels: trial courts, an intermediate appellate court, and a highest court (i.e. the Supreme Court). Appeals are made to the court at the next highest level, so a decision from a trial court will be appealed to the intermediate appellate court level, and so forth. → Read More
Can I always appeal my court decision? As a general rule, every case can be appealed. However, within that rule there are some definitions and explanations that guide the appeal process and weed out those who should never have appealed in the first place. The appeals court exists to review decisions of law and determine if the law was accurately and impartially interpreted. If your trial was a jury trial, the person that the appeals court evaluates is the judge, not the jury. The appeals court cannot determine the credibility of a witness or make a decision as to whether or not someone was lying in their testimony. Instead, the appellate court determines whether the judge made all of their decisions based on the law. → Read More
What is judicial arbitration? Judicial arbitration was adopted by the court system as a means of ending filed disputes more quickly and less expensively. Judicial arbitration programs exist at both the state and federal level and even federal agencies such as the IRS have arbitration programs in place for evaluating certain fact-based disputes. In order to qualify for judicial arbitration, you must already have a filed lawsuit. In most cases, it is the responsibility of the parties to request the arbitration. → Read More
What is the difference between an arbitration and a trial? Arbitration and trial proceedings are two options that parties may choose when they cannot resolve disputes on their own. Before deciding whether arbitration or a trial is the best method to resolve your dispute, it is important to understand what they mean and the ramifications of each. → Read More
Can an arbitration award be overturned by a court? Arbitration awards can be challenged in court, but these awards will only be overturned by the court in rare and limited cases. Courts will vacate, or refuse to confirm an arbitration award if the award is the product of fraud, corruption, or serious misconduct by the arbitrator. → Read More
My Legal Rights as a Subpoenaed Witness A subpoena compels the person served to comply with whatever is requested in the subpoena. If a person is compelled to appear and testify in court or other legal proceeding, they are under a legal obligation to do so. If a subpoena requires that a person produce certain documents or other items, they are legally required to do that as well. Failure to comply with a subpoena is a criminal matter. At a judge’s discretion, failure to comply can result in a contempt of court charges for which there are penalties including fines and jail time. → Read More
What is litigation? Litigation is a controversy between two parties brought before a court. Litigation is most commonly settled by the parties before reaching trial. Read on for more information about litigation. → Read More
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