| Rules of Statutory Interpretation |
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| If the interpretation of a particular law becomes an issue in a case, the court must rely on rules of statutory interpretation or construction in deciding the law's meaning. This article discusses the main rules of statutory interpretation or construction. More... |
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| Restraining Orders to Protect the Victim of Abuse |
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| A restraining order is a court order that is issued to protect someone who is being harassed, abused, or threatened. Restraining orders protect battered spouses and their children. Restraining orders typically direct the alleged perpetrator to stop doing certain acts or to stay away from the victim's home or workplace. There are several types of restraining orders: domestic violence restraining orders, harassment restraining orders, and child abuse restraining orders. This article discusses each type of restraining order, how to obtain a restraining order, and the consequences for violating a restraining order. More... |
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| Jury Consultants |
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| The jury serves a vital function in the American legal system. The jury is the trier of fact in a civil jury trial. The jury's role is to weigh the evidence presented by both sides and reach a verdict. The United States Constitution guarantees a right to trial by jury in civil and criminal cases. The jury must be fair or impartial. The jury pool, the group of individuals from which a particular jury is selected, has to be representative of the community. Voir dire is the process of interviewing potential jurors to determine who will sit on the jury. The purpose of voir dire is to identify and remove individuals who cannot be fair and impartial. It is becoming more and more common for attorneys to hire jury consultants to assist in the selection of jurors, especially for high-profile cases. More... |
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| Settlement Conferences in Federal Courts of Appeals |
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| There are 13 judicial circuits, and each circuit has a court of appeals. The federal courts of appeals are intermediate appellate courts. They hear appeals from federal district courts, which are trial level courts. In response to the ever-increasing volume of cases, some federal courts of appeals have adopted settlement programs in an effort to reduce the backlog of cases and accelerate the appeal process. More... |
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| Removal of Cases from State Court to Federal Court |
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| Jurisdiction refers to the authority of a court to hear and decide a case. A federal court has subject matter jurisdiction in two broad categories of cases. The federal court has federal question jurisdiction, which is the authority to hear legal disputes involving the U.S. Constitution, federal laws, and treaties. The federal court also has diversity jurisdiction, which means lawsuits between two states or between citizens of two different states in a case in which at least $75,000 of damages is sought. More... |
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