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Litigation Newsletter
The United States Supreme Court and Judicial Review
 
The United States Constitution establishes three branches of government--the executive, the legislative, and the judicial. The executive branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws. More...
 
Diversity in the Courts
 
While great strides have been made in reducing racial and ethnic discrimination in all areas of society, the problem is not completely gone. It is essential to public confidence in the courts to assure a racial and ethnic neutral court system. Starting in 1988, task forces were implemented in many states to address racial and ethnic discrimination issues in the courts.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...
 
Mental Health Courts
 
Specialized courts, called mental health courts, have been set up to deal with individuals entering the criminal justice system who have mental illness or a mental disability. Currently, about 30 states have mental health courts in selected jurisdictions. Juvenile mental health courts, handling delinquency cases involving mentally ill juveniles, are planned in some states. More...
 
Statutes of Limitations and Statutes of Repose
 
Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations.More...
 
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