Local Law Firms Home > FAQ's - Frequently Asked Legal Issues
Q. What does ADR or Alternative Dispute Resolution mean?
A. This is a term commonly used to refer to a process that parties have a meeting with a counseling professional who helps resolve or come to an agreement related to the court and laws that are being disputed. This is done outside the court room. Can be voluntary or court mandated. ADR is used to settle conflicts that may be used for business disputes,labor-management disputes,international and ethnic conflicts,public policy disputes and more. ADR is usually faster and less expensive than lawsuit court litigations.
Q. Is an Affidavit an official document?
A. A sworn or written statement in front of a notary public or another official authorized in law is called an affidavit. This document or record can be admitted as evidence. Lawyers or attorneys often record or write affidavits with people involved in cases they are representing.
Q. What exactly is an arraignment?
A. With a Felony case the proceeding after the indictment at which the defendant comes before a judge the defendant is then informed of the charges,enters a plea,and has a date set for disposition or trial. In other cases this is the first time the defendant appears before a judge and enters a plea.
Q. What is equitable action in a case?
A. Equitable action is an action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Q. Are there clear explanations on the Miranda Rule?
A. The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions. b. The right to know that anything the suspect says can and will be used against the suspect in a court of law. c. The right to consult with an attorney and to have an attorney present during questioning. d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.
Q. What is order to show cause?
A. Order to show cause is a court order requiring to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.