Like all states, Oregon has set up some parameters around who might be considered an heir to an estate. Some individuals are automatically considered to be heirs while others are only heirs if a document, such as a will, names them so. Oregon law allows anyone to be...
Year: 2016
The appellant versus the appellee
When a lower court decision is entered, both parties generally have the right of appeal. In some specific cases, appeals might not be allowed, particularly if the parties had agreed to abide by an arbitration decision beforehand. If an appeal is entered, though, the...
Can you sue for defamation?
Requirements for civil defamation lawsuits differ for each state, but some common rules tend to apply. Some of those rules are involved in determining whether you have the basis to file a defamation lawsuit. You can't necessarily sue everyone who says or prints...
How is the federal court system structured?
The federal court system is separate from the local and state court systems. While federal courts do have to follow federal laws, they are structured differently and follow different rules than other courts. At the federal level, the courts are divided into 94...
Federal appeals arguments must be polished
The Litigation Consulting Report, a publication for attorneys and other legal professionals, has ten recommendations for those who want to make an argument before a federal appeals panel. Those ten recommendations boil down to the fact that you have to know what you...
What is a petition or complaint?
The petition or complaint is typically the very first document that is filed in a civil case. It is the document that begins the case, and it is supposed to outline the case that the plaintiff has. That means that the petition names the defendant or defendants and...
Summary judgment doesn’t always end the case
When you are dealing with civil litigation, a summary judgment against you can be disheartening. Just as you might be gearing up for a trial or further hearings, the trial court might grant a motion for summary judgment on some technicality or fact. Many times,...
Keep your estate out of court
Over the past few weeks, we've discussed a number of cases involved in civil appeals and highlighted some important facets of the appeals process. Today, we're taking a moment to point out that it is often in your best interest to keep a case from traveling up the...
Navigating the Complexities of Venture Capital
Many young ventures and startups explore the option of seeking venture capital to finance the next step in growth and expansion. This is a hot trend in business currently, and many companies are eager to start the process and lock down funding for new projects and for...
Is mediation and arbitration an option?
When you are dealing with civil litigation, it's important to understand your options as well as your requirements for bringing the case to a court. If you don't understand all of your options and requirements correctly, then you could find yourself losing the case on...
