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Litigation Newsletter

The Office of the Independent Counsel
 
Following the Watergate scandal, Congress passed the Ethics in Government Act of 1978 (Ethics Act). The law created a Special Prosecutor (the name was later changed to Independent Counsel) to investigate possible crimes by high government officials. The Independent Counsel provision of the Ethics Act expired, and new Independent Counsel legislation that was passed in 1994 expired in 1999 and was not renewed. The Attorney General of the United States now has sole discretion to appoint an outside prosecutor.More...
 
The Common Law and Judicial Precedent
 
The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.More...
 
Pro Bono Legal Services
 
Many people cannot afford to hire an attorney to help them with their legal problems. State and federal programs, such as Legal Aid and Legal Services, provide pro bono or free legal services. Bar associations, law schools, and non-profit groups also provide free or low-cost legal assistance to those who could not otherwise afford an attorney because they have limited financial means. More...
 
Federal Administrative Law
 
Federal government agencies are generally established by law or executive order. For example, Congress has passed laws setting up such federal agencies as the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the Office of Homeland Security. More...
 
Judicial Immunity
 
As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.More...
 

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