Traflet & Fabian
Litigation Newsletter
Finding Federal Regulations and Administrative Decisions
 
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...
 
Discretionary Review of a State Court Decision
 
Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court.More...
 
The Discovery Process in Civil Lawsuits
 
After a lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents. More...
 
Mandatory Arbitration Clauses
 
Contracts often include arbitration clauses. Arbitration is a method of alternative dispute resolution. The arbitration process is less formal than a trial, and the dispute is resolved much more quickly than traditional litigation. Arbitration clauses require a dispute to be submitted to arbitration instead of filing a lawsuit. The arbitrator's decision is final and binding on the parties. Some legal commentators claim that mandatory arbitration clauses undermine consumer rights. This article discusses the impact of mandatory arbitration clauses on consumers.More...
 
Special Rules of Evidence
 
The courts, federal and state, have rules of evidence, which determine what evidence will be admitted at civil and criminal trials. Generally, all evidence that is relevant, which means it tends to prove or disprove the factual matter being considered by the court, is admissible. The rules relating to privileges and hearsay, which are covered below, are special rules of evidence that control the admissibility of certain types of evidence. The rules relating to judicial notice and presumptions, which are also discussed below, are exceptions to the general rule that evidence must be introduced as formal proof of a factual matter. More...
 
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