General Litigation
| Judicial Precedent |
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| The doctrine of stare decisis (which means "stand by what has been decided") is the legal principle underlying judicial precedent. When a court lays down a principle of law as applying to a particular set of facts, the court will apply that principle to all future cases where the facts are substantially similar. Under stare decisis, a judicial decision made in one case is binding on all later cases with similar facts. More... |
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| Special Rules of Evidence |
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| 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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| Impaired Driving -- Fatigue, Cell Phone Use, And Telematics |
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| Impaired driving refers to anything that distracts a driver and interferes with his/her capable performance of the task of driving. Driving can be impaired by drug use, alcohol use, driver fatigue, cell phone use, and anything else that distracts the driver, such as eating food or putting on makeup. The use of computers and navigation devices in cars called telematics can also distract a driver. This article explores driver fatigue, cell phone use, and telematics.
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| Grand Juries |
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| A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses. More... |
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| Settlement Conferences in State Appellate Courts |
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| The increased volume of appeals in cases has led to significant delays in finalizing an appeal. This has prompted state appellate courts to re-evaluate their case management procedures and adopt methods that promote speedier resolution of appellate cases. This article focuses on the use of settlement conferences prior to oral argument to reduce the backlog of cases and accelerate the appeal process. The stated goals of settlement conference programs are to encourage the settlement of appeals, simplify the issues, expedite appeals, and reduce costs. More... |
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