Barefield Law Firm PLLC
Litigation Newsletter
A Court's Authority to Resolve Disputes
 
The framers of the United States Constitution separated the functions of government among three separate branches of government--legislative (the Congress), executive (the President), and the judiciary (the courts). The goal was to provide a system of checks and balances among the three branches so that no one branch could become too strong. Each branch of government has certain powers, and these powers are limited by another branch. More...
 
Meaningful Access to the Courts for Self-Represented Litigants
 
The number of persons who represent themselves in court proceedings has increased significantly in recent years. The increase in self-representation is placing a strain on the court system. Individuals have a constitutional right to represent themselves, and the courts have a duty to make certain that all individuals have meaningful access to the courts. Family law matters, such as uncontested divorces or dissolutions and child support modifications, are common areas where individuals choose to represent themselves.More...
 
Guardianship
 
A guardian is a person appointed by the court to act on behalf of a person who is considered legally incompetent. A person is presumed to be competent. However, someone can file a petition for guardianship with the court detailing why the person needs a guardian. If the court finds that the person is incapable of making health, personal, or financial decisions due to illness or disability, the court will appoint a guardian. The incompetent person is called a ward.More...
 
Powers of Attorney
 
A power of attorney is a legal document in which a person (called the principal) delegates legal authority to another person (called the agent). The power of attorney gives the agent authority to make decisions for the principal in financial, property, and other legal matters. Most states specify the proper legal form for a power of attorney, and some legislatures have approved statutory forms for powers of attorney. Generally the principal's signature on a power of attorney form must be witnessed by a Notary Public. More...
 
General Civil Litigation
 
Criminal litigation involves the government's prosecution of a person because of an alleged commission of a crime. Criminal behavior is punished by imposing a fine and/or imprisonment on the offender. All criminal proceedings are initiated by a government entity. General civil litigation, on the other hand, involves disputes between private parties. A civil lawsuit is initiated by one person against another person, business, or government entity. There can be multiple plaintiffs (person suing) and/or multiple defendanMore...
 
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