| Discretionary Review of a State Court Decision |
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| 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... |
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| Preclusion and Effect of a Judgment in a Civil Lawsuit |
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| There are several doctrines of preclusion in civil procedure. Some of these doctrines are res judicata, collateral estoppel, judicial estoppel, full faith and credit and law of the case.
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| Is Judicial Independence in Jeopardy? |
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| Our governmental system contains checks and balances, which are designed to prevent any branch of government--executive, legislative, or judicial--from becoming too powerful. The independence of the judiciary is one of the central principles of a democracy. Judicial independence allows judges to make rulings that are based on legal principles instead of politics or public opinion. The independence of the court system assures fair and impartial rulings in legal matters. The Founding Fathers intentionally made the process of removing judges from office a difficult one, so that judges would be insulated from public pressure and could render decisions based on a careful analysis of the applicable law. More... |
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| Joinder of Parties in Civil Lawsuits |
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| A civil lawsuit is a legal action brought in a court by a person who is called the plaintiff. Generally, a lawsuit has one plaintiff who asserts one or more claims against one defendant. However, there are situations in which additional parties can be added to the lawsuit. More... |
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| Federal Appellate Procedure |
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| A litigant can file an appeal after a United States District Court, which is the federal trial court, enters a final judgment in the case. The person filing the appeal is called the appellant, and the other party is called the appellee. This article discusses the steps in the federal appellate procedural process when a case is appealed from the United States District Court to the United States Court of Appeals. More... |
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