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With the increasing demand and credibility for alternative dispute methods such as arbitration, states are now requiring certain criteria to be met in order to practice as an arbitrator. The criteria are different for each state, so you should contact your state’s bar association to find out the requirements for your area.
→ Read MoreCan criminal cases be appealed?
→ Read MoreFind out when and how a party to an arbitration can successfully appeal a decision.
→ Read MoreSee how a party losing an arbitration can attempt to prevent a court from legally enforcing the decision.
→ Read MoreA civil case is a noncriminal lawsuit usually involving private property rights. A civil lawsuit may involve any one of hundreds of circumstances, including breach of contract, probate, divorce, negligence, or copyright violations. A typical civil case will usually involve one ‘party’ suing another for money or other property. The term ‘party’ can include individuals, businesses, and government agencies. A civil case or civil lawsuit may also be filed to force a party to cease a course of conduct or refrain from committing a certain act such as picketing or disclosing confidential information.
→ Read MoreAn appeal means that one of the parties is requesting that the decision in your case be looked at again by a higher court. In other words, they are arguing that something went wrong with the first decision and that it should be changed. In most cases, the appeals process is somewhat limited; you probably aren’t going to have to go to court again, and the appellate court (the one reviewing the decision) is probably going to give a lot of deference to the trial court decision.
→ Read MoreThe objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new legal principle? Or, are you seeking leverage for some compromise or settlement arrangement? As it is quite common for the winning party to discount slightly a judgment or to agree not to collect court costs in order to persuade the loser not to appeal, you may be able to benefit should you negotiate not to appeal.
→ Read MoreThe first compelling reason that always justifies an appeal is a mistake with the gathering, use or acceptance of critical evidence. Secondly, if the judge gives the jury the wrong instructions and the jury brings back a verdict based on those wrong instructions, then it is essential that you appeal. Third, if the verdict awarded is inequitably large and impossible for you as the defendant to pay, then you should appeal.
→ Read MoreA basic tenet of the American legal system is that a losing party is always entitled to appeal the final decision of a federal district court. But from here it gets more complicated. First, simply because a party has a right to appeal a final decision does not mean that the appeal will actually be heard. In fact, most appeals that are filed never make it far enough to be heard by an appeals court.
→ Read MoreWhat should I look for in an arbitrator?
→ Read MoreFind the right lawyer for your legal issue.
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