General Litigation Newsletters

Declaratory Judgments

Laws have been adopted that give both the state courts and the federal courts the power to declare or define the legal rights, duties, obligations, or status of the parties involved in a dispute. In a declaratory judgment suit, the court does not award any damages and does not order either party to do anything.

Factors to Consider Before Filing a Civil Lawsuit

An attorney has a role as an advisor and a counselor to his or her client. The attorney has a responsibility to explain the adversary process to the client. The American legal system is an adversarial one, meaning that the attorneys for disputing parties present their cases, and a judge or jury acts as the neutral decision-maker. The parties' attorneys are advocates for their clients' positions. The advocates use the facts of the case and the law to present their party's claims in the most favorable light. This article discusses the attorney's role in litigation planning. A reputable attorney will honestly review the facts of a client's case and help the client weigh each of the following considerations before deciding to file a lawsuit.

Guidance for a Defendant in Small Claims Court

Small claims courts resolve disputes involving smaller dollar amounts than regular trial courts. For example, small claims courts in Wisconsin decide contract disputes, property damage actions, personal injury suits, evictions, the return of earnest money, and repossessions of property when the amount claimed is $5000 or less.

Settlement Conferences in Federal Courts of Appeals

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.

The Office of the Independent Counsel

Following the Watergate scandal, Congress passed the Ethics in Government Act of 1978 (Ethics Act). The law created a Special Prosecutor (the name was later changed to Independent Counsel) to investigate possible crimes by high government officials. The Independent Counsel provision of the Ethics Act expired, and new Independent Counsel legislation that was passed in 1994 expired in 1999 and was not renewed. The Attorney General of the United States now has sole discretion to appoint an outside prosecutor.