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General Litigation Newsletters

Eyewitness Identification Evidence

While very dramatic at trial, eyewitness evidence can be unreliable. Numerous scientific studies have been conducted on the accuracy of eyewitness identification. Some social scientists estimate that erroneous eyewitness identification is responsible for a large percentage of wrongful convictions. However, jurors tend to believe that eyewitness testimony is accurate. This article discusses the factors that affect the accuracy of eyewitness identification and what the courts are doing to reduce the number of wrongful convictions.

Mandatory Arbitration Clauses

Contracts often include arbitration clauses. Arbitration is a method of alternative dispute resolution. The arbitration process is less formal than a trial, and the dispute is resolved much more quickly than traditional litigation. Arbitration clauses require a dispute to be submitted to arbitration instead of filing a lawsuit. The arbitrator's decision is final and binding on the parties. Some legal commentators claim that mandatory arbitration clauses undermine consumer rights. This article discusses the impact of mandatory arbitration clauses on consumers.

Representing Yourself in Court

If you represent yourself in court and don't use an attorney, you are acting "pro se." Pro se is a Latin term that means on your own behalf. In legal terms, you are considered a self-representing party.

State Administrative Law

State legislatures have passed laws setting up various state administrative agencies. Some examples of state administrative agencies include public utilities commissions, worker's compensation bureaus, motor vehicle bureaus, and natural resources departments. State agencies exercise powers delegated to them by the state legislature.

Statutes of Limitations and Statutes of Repose

Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations.