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How does a ‘private attorney general’ action differ from a class action?

A ‘private attorney general’ action is generally much simpler to pursue than a class action, because it does not require class certification or notice to absent parties. A ‘private attorney general’ action can be much more limited than a class action, because the Unfair Competition Act allows a more limited range of remedies. For instance, instead of monetary damages as in a class action, fines are collected under the Unfair Competition Law.

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How can I find an arbitrator?

In some instances, if you have signed an arbitration clause with a company, the contract will specify exactly who your arbitrator will be. In other instances, however, you may decide to arbitrate on your own, such as if you want to avoid divorce litigation. In such instances, there are some things you should consider before hiring an arbitrator claiming to be qualified.

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What types of cases do different state courts handle?

The kind of cases that a court gets to hear are determined by the ‘subject matter jurisdiction’ that the court has. A federal court has exclusive jurisdiction (i.e. is the only court that gets to hear) cases arising out of the US Constitution, as well as some other limited types of cases like bankruptcy cases and tax cases. Other than these limited excepts, state courts can handle pretty much everything else.

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How many judges hear an appeal in federal court?

Three judges normally are assigned to decide each federal appeal, except under certain circumstances. If two of the three judges agree on the decision on the appeal, that becomes the decision of the federal appeals court. Very rarely, the federal appeals court will grant a motion for rehearing the appeal (by the same three judges) or a rehearing ‘en banc’, by all or most of the active judges on that particular Circuit Court of Appeals.

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How do you appeal in federal court?

The very first step in appealing a federal district court decision is filing a notice of appeal with the clerk of the district court. Strict deadlines apply to the filing of the notice of appeal – usually 30 days for civil cases and just 10 for federal criminal cases. For some cases in which the federal government is a party, the deadline may be as much as 45 days, but make sure to check this requirement closely. The clock starts running on the day that the district court judge enters the final judgment in the district court trial.

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How does the Supreme Court decide to hear a case?

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.

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Can any lawyer argue a case before the U.S. Supreme Court?

Any U.S. lawyer who has been an active member of a state bar for three years and is currently in good standing with that state’s bar is eligible to apply for admission to the bar of the Supreme Court of the United States. Lawyers must fill out the application form and attach a certificate of good standing from a clerk or officer of the highest court in the state where the lawyer is admitted to the bar.

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What is the role of the United States Supreme Court?

The Supreme Court of the United States is the ‘highest’ court in the land. It has ultimate authority to hear appeals in nearly all cases decided in the federal court system. It can also hear certain ‘appeals’ from state high appellate courts that involve a ‘federal question,’ such as an issue involving a federal statute or arising under the Constitution of the United States. However, fewer than 100 cases are actually heard and decided by the Supreme Court in one year.

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Is a binding arbitration decision really binding?

Unlike the regular court system, binding arbitration does not provide for an appeal. Rather, the arbitrator simply hears the evidence and grants an award with an explanation, the arbitration decision. If the result of a binding arbitration is inaccurate and both parties are willing to acknowledge the inaccuracy, then the arbitration will no longer be binding. If only one party feels the decision is inaccurate, the arbitration decision will most likely still stand unless the opposing party takes further legal action.

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