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.
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.
Finding out that someone is alleging that you didn't do a good job on a building project is enough to make a contractor or builder stop cold in their tracks. When that happens, one of the first things you might decide to do is seek representation to defend your good name. There are several different types of construction disputes we can help you with.
People in Oregon who are involved in a lawsuit may wonder what is meant by the term summary judgment. When a suit is initially filed, the plaintiff is filing a civil complaint, and through an attorney, he or she will assert various legal grounds and theories upon which his or her claims are based.
A court is a legal institution set up by the government that allows for a standard process to settle private disputes. The court abides by the adversarial process, which entails two sides presenting their case to a fact finder. In most cases, the fact finder is either the jury or a judge. The goal of each side is to emphasize the facts of their case while pointing out the flaws in the other side's argument.
Oregon litigants may appeal a decision made by a civil court judge or a judgement returned by a civil court jury. However, an appeal is not a second chance to argue their case, and they must be able to show that an error was made in applying the law for their appeal to be successful. The appeals process begins when attorneys file written arguments with the court called appellate briefs. After these written arguments have been reviewed, the attorneys may be asked to make oral arguments.
An Oregon resident who is faced with or considering civil litigation might wonder about the process. A civil case begins as an individual with a complaint files the appropriate paperwork with the court. This is followed by the serving of a copy of the complaint upon the defendant. The complaint provides a summary of the issue in question, describing the defendant's role in causing the injury or dispute in question. The complaint also requests that the court order relief in the case, which may take various forms, including monetary or legal declarations of rights.
As many Oregon residents know, the outcome of a civil case brought in federal court may be appealed by asking an appellate court to reverse or modify the lower court's decision. Either side may file an appeal in a civil case. The appellate court may also be asked to review decisions made by administrative agencies such as the Social Security Administration and bankruptcy courts.
As many businesses may know, a venture's competitive edge may rely on information that is protected from competitors. Many of these policies and procedures are designated as trade secrets, and some businesses ask that employees sign non-compete agreements in order to provide these secrets with added protection.
Readers who have been following our blog have likely heard the terms trial and appeal in some of the posts. For readers who are browsing through posts and those who find themselves in facing circumstances similar to those they read, knowing how an appeal differs from a trial might make understanding what is going on a lot easier.