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.
Protecting the interests of the environment is something that some conscionable citizens and government authorities take responsibility for. When these individuals take steps that corporations or other individuals don't particularly like, court battles can start. Civil cases and civil appeals for these environmental cases sometimes occur. One case regarding Ambre Energy seems like it might be heading toward an appeal.
The Oregon Court of Appeals might soon be hearing the case of a man who is facing a $75 fine for electioneering. The man who received the fine is the Albany City Manager, but he claims to have done nothing wrong.
Interpreting the law can be a complex project. A recent ruling by the Oregon Court of Appeals shows that interpretation of the law is often more complex than most people realize at first glance.