Lora H. Cleary

Litigation

A High-Tech Courtroom
The Commercial Division of the Supreme Court of the State of New York is a high-tech courtroom. The courtroom has the latest technology, which helps cases proceed in an efficient manner. There are flat screen computer monitors in the jury box and on the witness stand. The judge's bench and the counsel tables also have flat screen computer monitors and docking stations that enable the use of computers during the trial. The podium is electronic and allows the electronic presentation of evidence through a wireless communicator or by DC-ROM. More...
Special Rules of Evidence
The courts, federal and state, have rules of evidence, which determine what evidence will be admitted at civil and criminal trials. Generally, all evidence that is relevant, which means it tends to prove or disprove the factual matter being considered by the court, is admissible. The rules relating to privileges and hearsay, which are covered below, are special rules of evidence that control the admissibility of certain types of evidence. The rules relating to judicial notice and presumptions, which are also discussed below, are exceptions to the general rule that evidence must be introduced as formal proof of a factual matter. More...
Impeachment of Federal Judges
Under the United States Constitution, the President of the United States, with the approval of the United States Senate, appoints federal judges. Federal judges are appointed for life but can be removed from office by impeachment. More...
Housing Courts
Housing courts are specialized courts that handle landlord-tenant cases. The New York City Housing Court handles only residential landlord-tenant cases; another court division handles commercial landlord-tenant cases. Housing courts in Minnesota handle civil and criminal cases related to residential rental housing. The Boston Housing Court handles landlord-tenant disputes, evictions, and housing code violations. This article covers the most common types of cases filed in housing court. More...
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. More...

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