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Portland Environmental and Real Estate Law Blog

Important litigation tips

Are you involved in civil litigation in Oregon, and are you about to go before the court? If so, you should take a look at the following tips, which can help you work quickly and effectively through this process. These are especially important if you have never been to court before.

1. Don't look for revenge.

Personal injury cases deserve aggressive representation

In our most recent blog posts, we have discussed personal injury cases. In one, we discussed the importance of taking action after you are injured because of another person's negligence. In the other, we discussed how personal injury cases sometimes go through the appeal process. One factor that remains constant is that you will need someone familiar with the applicable laws so that you can ensure your rights are respected.

We understand that you might not feel up to having to wage a legal battle while you are trying to heal after a catastrophic injury. We can handle the legal work so that you can place your focus on healing.

Personal injury cases sometimes require an appeal

In our previous blog, we discussed how victims who are injured during an accident have the right to seek compensation for their injuries. This process is handled through the civil court system. In some cases, a settlement is reached through negotiation. In other cases, a judge or jury decides how the case should be resolved. If a judge or jury decides your case, you have the right to appeal if it doesn't resolve the way you think it should.

A civil appeal is initiated to look into errors of the law, which means that if something didn't occur as it should have from a legal standpoint, the appeal will be granted. If no error of law is found, the appeal is denied. Once a case is decided by an appeals court, the ability to further appeal is very limited.

Take action after being injured in an accident

Truck accidents, car accidents and other accidents can often lead to injuries. Those injuries are sometimes serious and require ongoing medical care. For people who are injured in an accident that was caused by the negligence of another person, it is often possible to seek compensation for those injuries.

If you have been injured in an accident, your first priority should be to get the medical care you need. In order to have a valid claim for compensation, you have to do what is necessary to heal from your injury. This is the premise of mitigating the damages.

Improper construction claims require serious representation

Construction litigation is a serious matter. For the property owner, the claim means that there is something seriously wrong with the structure that needs to be corrected. For the contractor, it means a client is calling the quality of their work into question. Both sides have to prove their side of the case effectively or they risk losing the case.

There are several problems that can creep up with construction litigation. The property owner might find that there are defects with the construction. Those defects might not be the fault of the contractor; however, some property owners might assert that the contractor should have noticed the defect during the course of working on the home. That might not necessarily be true if the defect was hidden within the material. Still, it is important for both sides to get an answer as to who is liable for the issue.

Does the Supreme Court have to take your case?

You know that you have a right to a fair trial in any case, as all citizens of Oregon do. You also know that you have a right to appeal, and the appellate court then has to go over the decision to see if it was made in error. However, what if things go past that point? What if you want to appeal the appellate court's decision and take things all the way to the Supreme Court?

It's good to know that the Supreme Court is the last stop for a case. They get the final say as the most important court in the country. Whatever they say stands, and they can overturn appellate courts and trial courts.

An appeal searches for errors

If you're thinking of starting an appeal after a decision has been handed down by a trial court, you may think that you need to bring in some new evidence that will change the case. However, more often than not, this is not actually going to happen. Rather than operating like a trial, an appeal is typically about searching for errors in the first decision and the way that the law was applied in order to have the aforementioned decision overturned.

You're going to need to prepare what is known as a brief. This simply lays out your point of view and your argument, telling the court why you think that the lower court got the verdict wrong. This generally means that you believe that court made a mistake, and this is your chance to tell the appellate court what that error was.

Contesting a will is difficult, but sometimes necessary

When a loved one passes away, family members who are left behind might end up looking for a will or an estate plan. While that is one way that people can leave instructions for their estate after they are gone, not all family members will always agree with the will. When family members don't agree with the will, they might decide to contest it.

Contesting a will is something that can lead to serious strife in the family. When anyone contests a will, the case has to go through the probate court, which can mean a lengthy court battle that involves a considerable financial expense. Even with those points in mind, there are still some circumstances that might mean you need to contest the will in order to ensure that your loved one's assets are properly distributed.

What are common terms used in a civil appeal?

In the civil court system, there is a system that allows either the complainant or defendant to file an appeal if they don't agree with the outcome of the case. When either party files an appeal, it is vital for them to understand some basic terms that are associated with civil appeals.

What are the terms used to differentiate the parties?

Antitrust laws cover a variety of business transactions

In last week's post, we discussed how San Jose has filed an appeal to the United States Supreme Court regarding Major League Baseball and antitrust laws. The antitrust laws in this country are meant to help stop illegal mergers and business practices. There are three core antitrust laws on the federal level: the Sherman Act, the Federal Trade Commission Act and the Clayton Act.

The Sherman Act prohibits monopolization and several aspects of potential monopolization. It also prohibits contracts, combinations or conspiracies that lead to trade restraint. This act has very severe penalties for entities that violate the law. Criminal penalties of up to $1 million for individuals or $100 million for corporations are possible. Those amounts might be increased in some cases. Along with those penalties, up to 10 years in prison is possible.

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