| Guardianship |
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| A guardian is a person appointed by the court to act on behalf of a person who is considered legally incompetent. A person is presumed to be competent. However, someone can file a petition for guardianship with the court detailing why the person needs a guardian. If the court finds that the person is incapable of making health, personal, or financial decisions due to illness or disability, the court will appoint a guardian. The incompetent person is called a ward. More... |
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| Hiring An Attorney |
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| If you are stuck with a car that is a lemon or if an electronics store won't repair the big screen television that you bought from it, you may need to hire an attorney to help resolve the dispute. Legal advice is also helpful if you are buying or selling a home or starting a new business. Attorneys can provide valuable advice on estate planning, tax matters, and marital issues. More... |
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| Factors to Consider Before Filing a Civil Lawsuit |
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| 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. More... |
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| Scientific Evidence |
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| Scientific evidence is demonstrative evidence or evidence that is introduced to prove a fact by some mode other than oral testimony. Scientific evidence is obtained by using the scientific method, a process of scientifically investigating physical evidence. The information obtained is considered valid since it has been tested. Any scientific evidence that is admitted during a trial must be both relevant (tends to prove or disprove the factual matter being considered by the court) and reliable or trustworthy. Handwriting analysis, fingerprint and footprint analysis, DNA analysis, and lie detector test results are all examples of scientific evidence. Generally, an expert witness is called to testify about the reliability of the scientific evidence sought to be introduced at trial. More... |
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| Judicial Ethics |
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| One of the cornerstones of our American judicial system is the impartial administration of justice. It is crucial that a judge act fairly and impartially, avoiding any appearance of impropriety. Every state has adopted a code of judicial conduct that sets ethical guidelines for judges. All states also have judicial conduct commissions with the power to investigate, prosecute, and decide cases of judicial misconduct. There is also a code of conduct for federal judges. More... |
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