Newsletters

Alternative Dispute Resolution

Alternative dispute resolution (ADR) refers to an informal process for deciding civil disputes outside of the courtroom. The two main forms of ADR are mediation and arbitration. Any type of civil dispute, including product liability actions, contract suits, and probate cases, can be mediated or arbitrated.

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.

Recidivism of Sex Offenders

Following incarceration, most convicted sex offenders are released to community supervision. Many states have enacted laws authorizing the maintenance of a central registry of sex offenders. Convicted sex offenders are required by law to register, and most states maintain a database of convicted sex offenders. The states make information about the offender available to the public. Some laws require the state to notify the community of the sex offender's residence in the community. Many states post their registry on the Internet. Of particular concern is the issue of the recidivism.

Professional Responsibility

After passing the bar examination, an attorney is admitted to the state bar and allowed to practice law in that state. An attorney takes an oath of office. After being admitted to the bar, an attorney's conduct is regulated by the Lawyer's Code of Professional Responsibility. Every state has adopted some form of the Code, which sets minimum standards for an attorney's actions. The Code consists of three parts: Canons, Ethical Considerations, and Disciplinary Rules.

Settlement Conferences in State Appellate Courts

The increased volume of appeals in cases has led to significant delays in finalizing an appeal. This has prompted state appellate courts to re-evaluate their case management procedures and adopt methods that promote speedier resolution of appellate cases. This article focuses on the use of settlement conferences prior to oral argument to reduce the backlog of cases and accelerate the appeal process. The stated goals of settlement conference programs are to encourage the settlement of appeals, simplify the issues, expedite appeals, and reduce costs.