How is civil procedure different from criminal procedure?
Use the information in this article to understand the difference between civil and criminal procedure....
Litigation
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How does a ‘private attorney general’ action differ from a class action?
A 'private attorney general' action is generally much simpler to pursue than a class action, because it does not require class certification or notice to absent parties. A 'private attorney general' a...
How can I find an arbitrator?
In some instances, if you have signed an arbitration clause with a company, the contract will specify exactly who your arbitrator will be. In other instances, however, you may decide to arbitrate on y...
What types of cases do different state courts handle?
The kind of cases that a court gets to hear are determined by the 'subject matter jurisdiction' that the court has. A federal court has exclusive jurisdiction (i.e. is the only court that gets to hear...
How many judges hear an appeal in federal court?
Three judges normally are assigned to decide each federal appeal, except under certain circumstances. If two of the three judges agree on the decision on the appeal, that becomes the decision of the f...
How do you appeal in federal court?
The very first step in appealing a federal district court decision is filing a notice of appeal with the clerk of the district court. Strict deadlines apply to the filing of the notice of appeal – u...
How does the Supreme Court decide to hear a case?
The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, t...
Can any lawyer argue a case before the U.S. Supreme Court?
Any U.S. lawyer who has been an active member of a state bar for three years and is currently in good standing with that state's bar is eligible to apply for admission to the bar of the Supreme Court ...
What is the role of the United States Supreme Court?
The Supreme Court of the United States is the 'highest' court in the land. It has ultimate authority to hear appeals in nearly all cases decided in the federal court system. It can also hear certain '...
Is a binding arbitration decision really binding?
Unlike the regular court system, binding arbitration does not provide for an appeal. Rather, the arbitrator simply hears the evidence and grants an award with an explanation, the arbitration decision....
Who can be an arbitrator?
With the increasing demand and credibility for alternative dispute methods such as arbitration, states are now requiring certain criteria to be met in order to practice as an arbitrator. The criteria ...
Can criminal cases be appealed?
Can criminal cases be appealed?...
Are there appeals in arbitration?
Find out when and how a party to an arbitration can successfully appeal a decision....
Can I oppose confirmation of an arbitration award?
See how a party losing an arbitration can attempt to prevent a court from legally enforcing the decision....
Can the outcome of a civil case be appealed?
A civil case is a noncriminal lawsuit usually involving private property rights. A civil lawsuit may involve any one of hundreds of circumstances, including breach of contract, probate, divorce, negli...
The other side is appealing, what does that mean?
An appeal means that one of the parties is requesting that the decision in your case be looked at again by a higher court. In other words, they are arguing that something went wrong with the first dec...
What are some factors that influence a decision to appeal?
The objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new...
Reasons to Appeal Your Court Decision
The first compelling reason that always justifies an appeal is a mistake with the gathering, use or acceptance of critical evidence. Secondly, if the judge gives the jury the wrong instructions and th...
Who can appeal in federal court? And when?
A basic tenet of the American legal system is that a losing party is always entitled to appeal the final decision of a federal district court. But from here it gets more complicated. First, simply bec...
What should I look for in an arbitrator?
What should I look for in an arbitrator?...
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