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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.

Discretionary Review of a State Court Decision

Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court.

Quo Warranto

A writ in quo warranto, which is Latin for "by what warrant," is an extraordinary legal remedy. It requires a person to show his/her authority for holding an office or challenges the wrongful exercise of powers. A common quo warranto claim is that a government or corporate officer was not validly elected to office or is exercising powers in excess of his/her authority. A state might bring a suit in quo warranto demanding a person or corporation to show the authority for exercising some franchise or privilege granted to it by the state.

Family Abuse Protective Orders

Protective orders are orders issued by a judge to protect a victim of domestic abuse, stalking, harassment, or intimidation. A protective order can only be used against someone related to the victim or with whom the victim has had an intimate relationship. This would include a spouse, sibling, parent, or boyfriend/girlfriend.

Judgments by Confession and Judgments by Warrant of Attorney

A confession of judgment means the entry of a judgment on the confession (admission) of the defendant, usually a debtor. The defendant admits his or her liability for the debt. Judgments by confession are void as against public policy in some states, while other states permit judgments by confession. A warrant of attorney is a written document that gives an attorney the power to confess judgment against the defendant on a debt.


LOWTHER JOHNSON
ATTORNEYS AT LAW, LLC

901 St. Louis Street
20th Floor
Springfield, Missouri 65806

p: 417-866-7777
f: 417-866-1752


Lowther Johnson Attorneys At Law, LLC is located in Springfield, MO and serves clients in and around Brookline Station, Turners, Strafford, Billings, Clever, Willard, Republic, Bois D Arc, Walnut Grove, Fair Grove, Nixa, Ozark, Highlandville, Ash Grove, Halltown, Rogersville, Oldfield, Fordland, Sparta, Christian County, Dade County, Greene County, Lawrence County, Stone County, Webster County.

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