| Servicemembers Civil Relief Act |
| |
| In December 2003, President Bush signed the Servicemembers Civil Relief Act (Act), a law to reduce the economic and legal burdens of military personnel. The Act updates prior laws and gives servicemembers on active duty added protections. The Act also applies to reservists who have been called up for active duty. This article covers some of the most important provisions in the Act.More... |
| |
| Judicial Conflicts of Interest |
| |
| Our legal system requires a fair and independent judiciary. In order to maintain public trust in our system of justice, judges must conduct themselves in an ethical manner. There are codes of conduct, which set standards of behavior for state and federal judges. These standards are aimed at assuring the impartiality of judges and reducing the possibility of conflicts of interest. More... |
| |
| Guardianship |
| |
| 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... |
| |
| Service of Process -- Notice of a Lawsuit |
| |
| A lawsuit begins when a plaintiff (the party suing) files a complaint with the clerk of courts. The defendant (the person or company being sued) is given notice that a lawsuit has been filed and is "summoned" to appear before the court. Service of process means that the defendant is given notice of the lawsuit and a copy of the complaint that was filed. More... |
| |
| The Jurisdiction of a State Court |
| |
| Jurisdiction refers to the power of a court to hear and decide a case. The power of a state court to hear a particular case comes from the constitution and laws of that state. For a court's decision to be legally binding, the court must have both subject matter jurisdiction (authority to hear a case involving the type of legal matter at issue, such as a contract or a personal injury) and personal jurisdiction (authority over the parties to the suit). More... |
| |