General Litigation Newsletters

Dismissal of Appeals

Both the plaintiff (the person suing) and the defendant (the person being sued) have a right to appeal to a higher court if they think there was a legal error in the trial. Generally, a notice of appeal has to be filed within 30 days after the trial court enters a judgment in the lawsuit. Most states have a two-tier system for appellate review of a judgment. The federal court system also has two different levels of appellate review. The appeal is first filed in an intermediate appellate state or federal court or court of appeals. After the court of appeals reviews the judgment, a further appeal is possible to a court of last resort, the state supreme court for state court appeals or the Supreme Court of the United States for federal court appeals.

Grand Juries

A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses.

Hung Juries

The United States Constitution guarantees all criminal defendants a right to a trial by a jury of their peers. A criminal jury consists of 12 people. There is also a constitutional right to a jury trial in certain types of civil cases. The jury in a civil case usually contains 6 to 12 people. If the jurors cannot agree on a verdict, the jury is said to be a "hung jury" or a "deadlocked jury." If a jury deadlocks, the result is a mistrial.

Powers of Attorney

A power of attorney is a legal document in which a person (called the principal) delegates legal authority to another person (called the agent). The power of attorney gives the agent authority to make decisions for the principal in financial, property, and other legal matters. Most states specify the proper legal form for a power of attorney, and some legislatures have approved statutory forms for powers of attorney. Generally the principal's signature on a power of attorney form must be witnessed by a Notary Public.

Writs of Mandamus

A writ of mandamus is a court order that directs a person (such as a public official) or entity (such as a company or a lower court) to perform a specific act that is related to that person's office. A writ of mandamus is an extraordinary legal remedy, which should only be granted in exceptional circumstances. Where another adequate remedy exists, the courts will generally refuse to issue a writ.