Dale M. Smith
Litigation Newsletter
Quo Warranto
 
A writ in quo warranto, which is Latin for "by what warrant," is an extraordinary legal remedy. It requires a person to show his/her authority for holding an office or challenges the wrongful exercise of powers. A common quo warranto claim is that a government or corporate officer was not validly elected to office or is exercising powers in excess of his/her authority. A state might bring a suit in quo warranto demanding a person or corporation to show the authority for exercising some franchise or privilege granted to it by the state. More...
 
Legal Aid Societies and Offices of the Public Defender
 
Most states have legal aid societies, which are non-profit organizations that provide free legal assistance to indigents in civil matters. States also have public defenders who provide free legal representation to low income persons in criminal, juvenile, mental health, and dependency cases. More...
 
The Practice of Law By Out of State Lawyers
 
After graduating from law school, a graduate is required to pass a state bar examination before he/she can be admitted to the state bar. A lawyer is not permitted to practice law in a state where he/she is not licensed. To do so would be considered the unauthorized practice of law.More...
 
Criminal Cases
 
A criminal case begins when the prosecutor files criminal charges against a person, a person is arrested, or the grand jury returns an indictment against a person. Criminal offenses are either misdemeanors or felonies. A misdemeanor is a crime that is punishable by jail time of up to one year. A felony is a more serious crime, which is punishable by prison time of more than one year.More...
 
Mandatory Arbitration Clauses
 
Contracts often include arbitration clauses. Arbitration is a method of alternative dispute resolution. The arbitration process is less formal than a trial, and the dispute is resolved much more quickly than traditional litigation. Arbitration clauses require a dispute to be submitted to arbitration instead of filing a lawsuit. The arbitrator's decision is final and binding on the parties. Some legal commentators claim that mandatory arbitration clauses undermine consumer rights. This article discusses the impact of mandatory arbitration clauses on consumers.More...
 
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