Preclusion and Effect of a Judgment in a Civil Lawsuit

There are several doctrines of preclusion in civil procedure. Some of these doctrines are res judicata, collateral estoppel, judicial estoppel, full faith and credit and law of the case.

Independence of the Judiciary

An independent judiciary is a fundamental principle of our democracy. The founding fathers assured the independence of federal judges by giving them tenure for life. The United States Constitution also prevents the reduction of a federal judge's salary while he/she is in office. The founding fathers also specified that federal judges could only be impeached and removed from office for committing treason, bribery, or other high crimes and misdemeanors.

Injunctions

An injunction is a court order directing a person or company to do a certain act or prohibiting the person or company from doing a certain act. An injunction is considered an extraordinary remedy, and the court has discretion in deciding whether to issue an injunction.

Standards of Review for Appeals of Federal Administrative Hearing Decisions

Federal agencies make administrative decisions in regulatory, entitlement, and enforcement cases. The agency can make an informal decision or hold a formal administrative hearing in a case. If the person or company affected by the decision is dissatisfied with the agency's decision, the decision is subject to review by a higher level within the agency or by a court. This article discusses the standards of review applied by a court in evaluating federal administrative agency decisions.

Ex Parte Communications

An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision.