DOCSLIB.ORG

‌Annual Report 2000

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
‌Annual Report 2000 ‘00 in Brief (listed chronologically) Philadelphia Court of Common Pleas Commerce Report of the Case Program begins operation. Program will Administrative Office of handle all new business Pennsylvania Supreme Court litigation 2000 Philadelphia Court of Com- mon Pleas is recognized by the National Council of Juvenile and Family Court Judges for its efforts to expedite adoptions for children removed from their homes. Accelerated Adoption Review Court seeks to condense multiple hearings months apart into one hearing UJS’s efforts to computerize Supreme Court of Pennsylvania Pennsylvania’s courts Chief Justice John P. Flaherty moves forward as Common Justice Stephen A. Zappala Pleas project gets Justice Ralph J. Cappy underway. Phase one of the project will be to Justice Ronald D. Castille computerize criminal Justice Russell M. Nigro courts Justice Sandra Schultz Newman Justice Thomas G. Saylor Zygmont A. Pines, Esq. is appointed Court Administrator of Pennsylvania, succeeding Nancy M. Sobolevitch, who had retired at the end of 1999 after 13 years of service Act 105 of 2000 is passed, add- ing 19 judgeships to the Courts of Common Pleas over the next three years Law passed to allow judges to work through the end of the calendar year in which they turn 70. As this change requires a constitutional amendment, question will be placed on the primary ballot in May 2001. Currently, the Pennsylvania Constitution requires that judges retire upon reaching age 70. Zygmont A. Pines, Esq. Court Administrator of Pennsylvania ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS Philadelphia Office Harrisburg Office 1515 Market Street, Suite 1414 5001 Louise Drive Supreme Court of Pennsylvania Philadelphia, Pennsylvania 19102 Mechanicsburg, Pennsylvania 17055 adopts a new Code of Civility to (215) 560-6300 (717) 795-2000 reinforce the longstanding prac- tices of civility and courtesy On the Internet: www.courts.state.pa.us Preface To: The Honorable Chief Justice of Pennsylvania and Honorable from the Justices of the Supreme Court of Pennsylvania and to the Citizens of the Commonwealth Court I am pleased to present this Report of the Administrative Office of Pennsylvania Courts for 2000. Our goal is to provide a general reference document that reflects the hard work and dedicated service Administrator of the Administrative Office and the boards and committees of the Supreme Court. Within this report we have attempted to outline the array of programs and services that provide the framework of our effective judicial system. This report also serves to highlight noteworthy accomplishments in the administration of justice that took place during what was both a very busy and productive year. The judiciary continued to move in the direction of improving service, access and the administration of justice for all Pennsylvanians in 2000. Among the year’s highlights was the successful and efficient transition of 175 senior county court administrative staff into state service -- a move that became effective on January 1, 2000, according to guidelines established in legislation passed during the previous year by the General Assembly. Various human resource and organizational issues were occasioned by the transfer of these staff over the course of the year. Another noteworthy event was the Supreme Court’s creation -- also with funding provided by the General Assembly -- of a committee to study the subjects of race, ethnicity and gender as they arise within Pennsylvania’s courts. The judiciary also continued to make strides in statewide court automation to help manage its diverse and substantial caseloads. Of particular significance was the successful implementation in December 2000 of the Pennsylvania Appellate Court Case Management System (PACMS) for the Supreme, Superior and Commonwealth Courts. v The ultimate goal in automating Pennsylvania’s judicial system remains a fully integrated case and financial management system at all court levels to effectively perform judicial record keeping, collect fines, fees and costs and provide a timely and accurate statewide court case data link. Other automation accomplishments during the year included first phase implementation of the Administrative Support Application Project in August 2000. The system replaced an outdated accounting/ payroll/human resources computer network with one that is able to Preface serve the judiciary’s existing and projected computerization needs. The year also marked the starting point for efforts to upgrade from the the District Justice System to Criminal Justice Network or JNET standards and needs. The effort underscores the judiciary’s interest in developing and implementing modern technology for use both independently and as an integral part of the executive branch’s JNET Court initiative. Allowing Philadelphia Municipal Court civil cases to be filed Administrator, electronically over the Internet for the first time was another example of how the state court system improved service and accessibility through automation during the year. The move made the claims continued process easier for citizens and their attorneys while providing an alternative to a largely manual system that generated tons of cumbersome paperwork into the municipal court system each year. In 2000 the Supreme Court adopted a new Code of Civility to underscore the importance of courtroom conduct in resolving cases and upholding the dignity of the legal profession. I was honored to be named Court Administrator of Pennsylvania on a permanent basis toward the end of the year after having served as acting state court administrator since January 2000. The judiciary takes great pride in demonstrating through this report to you the challenges and changes faced by the courts and how they are being met through our efforts to provide effective service, access and justice for all Pennsylvanians. Sincerely, ZYGMONT A. PINES Acting Court Administrator of Pennsylvania vi Pennsylvania's Unified Judicial System Supreme Court Court of Judicial Council Judicial Discipline Court Administrator Minor Judiciary of Pennsylvania Judicial Education Board (AOPC) Conduct Board Cmte for Penna Lawyers Continuing Disciplinary Rules Board of Law Proposed Standard Fund for IOLTA Board Legal Education Board of the Committees Jury Instructions Examiners Client Security Board Supreme Court Commonwealth Court Superior Court Courts of Common Pleas Philadelphia Pittsburgh District Philadelphia Traffic Court Magistrates Justices Municipal Court A Brief History P ennsylvania’s judiciary began as a disparate collection of courts, of the some inherited from the reign of the Duke of York and some estab- ished by William Penn. They were mostly local, mostly part time, and mostly under control of the governor. All of them were run by non- Courts of lawyers. And although the Provincial Appellate Court was established in 1684, no court could be called the court of final appeal. Final appeals had to be taken to England. Pennsylvania Several attempts were made in the early years of the eigh- teenth century to establish a court of final appeal in Pennsylvania and to further improve and unify the colony’s judicial system, but because the crown had final veto power over all colonial legislation, these attempts proved futile. Finally, in 1727 the crown sanctioned a bill that had been passed five years earlier. The Judiciary Act of 1722 was the colony’s first judicial bill with far-reaching impact. It established the Pennsylvania Supreme Court, providing for a chief justice and two justices who would sit twice yearly in Philadelphia and ride the circuit at other times; and it created the Court of Common Pleas in Philadelphia, Bucks and Chester Counties. The court system in Pennsylvania did not change again until the Pennsylvania Constitution of 1776. By establishing the Courts of Sessions, Courts of Common Pleas and Orphans’ Courts in each county, the constitution allowed Pennsylvania to see the beginning of a statewide framework for the development of its judicial system. A new constitution in 1790 encouraged further development in the Commonwealth’s judicial system by grouping counties into judicial districts and placing president judges at the heads of the districts’ Common Pleas Courts. This was meant to ease the Supreme Court’s rapidly increasing workload. Constitutional changes in 1838 and 1874 and a constitutional amendment in 1850 effected changes in the 5 A BRIEF HISTORY OF PENNSYLVANIA’S COURTS Evolution of Pennsylvania’s Judicial System Judicial system of local magistrates and an appellate court exist in Pennsylvania's early 1682 Provincial Court established (future Pennsyl- settlements 1684 vania Supreme Court) Judiciary Act of 1722 renames Provincial Court the Pennsylvania Supreme Court, allowing for 1722 one chief justice and two associate justices Pennsylvania Constitution of 1776 establishes Courts of Sessions, Common Pleas Courts and Constitution of 1790 groups counties into 1776 Orphans' Courts in each county; sets tenure at judicial districts, with president judges to 1790 seven years for Supreme Court justices head the Common Pleas Courts Constitution of 1838 fixes tenure for justices 1838 of the Supreme Court at 15 years Constitutional amendment makes the entire judiciary elective 1850 Constitution of 1874 designates method for the popular election of judges, increases number 1874 of Supreme Court justices from five to seven and increases justices' tenure to 21 years Superior Court is created to ease burdens of 1895 the Supreme Court Constitution of
Load more

Recommended publications
  • List of Abbreviations
    List of Abbreviations A. C. Appeal Cases, English Law Reports, r8gr-. Aetas de las Sesiones Aetas de las Sesiones del Congreso Sud-Amer­ icano de Derecho Internacional Privado, Buenos Aires, r88g. Adl. Clem. Sammlung von Entscheidungen zum Handels­ gesetzbuch, zusammengestellt von Adler und Clemens, fortgesetzt von Friedlander (Austria). Ala. Alabama Reports. All E. R. All England Law Reports, Annotated. Allg. BGB. Allgemeines Biirgerliches Gesetzbuch (Aus- tria). Allg. HGB. Allgemeines Handelsgesetzbuch (Austria). All g. W echselord- Allgemeine Wechselordnung (Germany). nung A. L. R. American Law Reports, Annotated. Am. Dec. American Decisions ( Select Cases) . Am. J. Int. Law American Journal of International Law. Am. Jur. American Jurisprudence. San Francisco, New York, 1936-. Am. Marit. Cas. American Maritime Cases. Am. Rep. American Reports. Annales de Droit Annales de droit commercial et industriel Commercial fran~ais, etranger et international, fondees par M. E. Thaller, Paris, r887-. Ann. Cas. American Annotated Cases. Annuaire Annuaire de l'Institut de droit international. Annual Digest Annual Digest of Public International Law Cases, London. Annual Survey Annual Survey of American Law, New York University School of Law. Annuario Dir. Camp. Annuario di diritto comparato e di studi legis­ lativi. App. Cour d'appel; corti d'appello. App. Cas. Appeal Cases, English Law Reports, 1876- r8go. xxxi XXXll LIST OF ABBREVIATIONS App. D.C. Appeal Cases, District of Columbia. App. Div. New York Supreme Court, Appellate Division Reports. Arch. Civ. Prax. Archiv fiir die civilistische Praxis (Germany) . Arch. Jud. Archivo judiciario (Brazil). Ariz. Arizona Reports. Ark. Arkansas Reports. Asp. Marit. Cas. Aspinall's Maritime Cases. Atl. Atlantic Reporter, National Reporter System (United States).
    [Show full text]
  • 710 ATLANTIC REPORTER, 2D SERIES N. J. Suspensions. As
    450 N. J. 710 ATLANTIC REPORTER, 2d SERIES suspensions. As modified, the judgment of of funding public schools, students chal- the Appellate Division is affirmed. lenged constitutionality of funding plan de- veloped by state in response to judicial For modification and affirmance—Chief mandate. The Supreme Court found plan Justice PORITZ and Justices HANDLER, facially constitutional but unconstitutional as POLLOCK, O’HERN, GARIBALDI, STEIN applied to special needs districts (SNDs), and COLEMAN—7. ordered parity funding as interim remedy, Opposed–none. and remanded for fact-finding hearings, 149 N.J. 145, 693 A.2d 417. Following conduct , of fact-finding hearings by the Superior Court, Chancery Division, King, J., and sub- mission of Report and Recommendation 153 N.J. 480 with respect thereto, the Supreme Court, S 480Raymond ABBOTT, a minor, by his Handler, J., held that: (1) elementary school Guardian Ad Litem, Frances ABBOTT; reform plan proposed by state education Arlene Figueroa, Frances Figueroa, and finance officials comported substantially Hector Figueroa, Orlando Figueroa, and with statutory and regulaStory481 policies de- Vivian Figueroa, minors, by their fining constitutional guarantee of thorough Guardian Ad Litem, Blanca Figueroa; and efficient education; (2) full-day kinder- Michael Hadley, a minor, by his Guard- garten plan comported substantially with ian Ad Litem, Lola Moore; Henry Ste- same statutory and regulatory policies and vens, Jr., a minor, by his Guardian Ad was essential to satisfaction of constitutional Litem,
    [Show full text]
  • Report of the Administrative Office of Pennsylvania Courts 2005
    ‘05 in Brief (listed chronologically) Pennsylvania’s minor court jurists, formerly called district judges, become known as magisterial district judges Report of the Chief Justice Ralph J. Administrative Office of Cappy forms the Pennsylvania Courts Interbranch Commis- sion for Gender, Racial 2005 and Ethnic Fairness to promote the equal application of the law for all citizens of the Commonwealth of Pennsylvania Supreme Court adopts Rules of Juvenile Procedure to establish for the first time uniform statewide procedures in juvenile courts that apply to all phases of delinquency cases that enter the state court system Justice Max Baer participates in “Changing Lives by Changing Systems: National Judicial Leadership Summit for Supreme Court of Pennsylvania the Protection of Chief Justice Ralph J. Cappy Children,” to work Justice Ronald D. Castille toward reforming the Justice Sandra Schultz Newman way abused and Justice Thomas G. Saylor neglected children’s Justice J. Michael Eakin cases proceed through Justice Max Baer the courts Justice Cynthia A. Baldwin Supreme Court issues order authorizing disciplinary pro- ceedings to be open to public review Pennsylvania begins development of a statewide education program for trial court judges who hear capital murder cases. The program, devel- oped with the Nevada- based National Judicial College, will be among the first of its kind in the nation. Kate Ford Elliott is elected president judge of Superior Court, becoming the first woman in Pennsyl- vania to lead an appellate court Title: (AOPC_Black.EPS)
    [Show full text]
  • Research Guide
    RESEARCH GUIDE Widener University School of Law www.law.widener.edu/Law-Library 4/2004 \ . New Jersey Legal Resources Most of the items in this research guide are free websites, since so Fantastic site with information and/or links to virtually much information now is on the Internet. However, the legal everything of importance in New Jersey government, plus more. researcher interested in New Jersey sho uld be aware that there are Here you will find links to such items as New Jersey Government two sections in the library where New Jersey print materials may be Publications on the W eb, Legislative Histories and even a link found: for Ask a Librarian. ! In the State Section which begins in aisle 30 on the 2nd floor. New Jersey State Law Library Items in the state section have call numbers beginning with KF, plus www.njstatelib.org the first initial of the state. Thus, New Jersey materials will be found Has good research guides, links to New Jersey Information and starting at KFN. Among the most frequently used of these items easy access to legislative histories from 1998 forward. Call for are: assistance with legislative histories prior to that time (609-292- 6230). – New Jersey Statutes Annotated (NJSA) - KFN1830.A42. – New Jersey Administrative Code - KFN1835 1995 New Jersey H istorical Documents – New Jersey Register - KFN1835 1969 www .state.nj.us/njfacts/njdocs.htm – New Jersey Digest - KFN1857.W4 – New Jersey Practice - KFN1880 .N47 County and Municipal Websites – New Jersey Forms - KFN1868 .N45 www .state.nj.us/localgov.htm ! In the U.S.
    [Show full text]
  • Research Guide
    Research Guide FINDING CASES I. HOW TO FIND A CASE WHEN YOU KNOW THE CITATION A. DECIPHERING LEGAL CITATIONS 1. CASE CITATIONS A case citation includes: the names of the parties, the volume number of the case reporter, the abbreviated name of the reporter, the page number where the case can be found, and the year of the decision. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800 (1982). Reserve Insurance Co. v. Pisciotta = names of the parties 30 = volume number of the case reporter Cal. = abbreviated name of the case reporter, California Reports 3d = series number of the case reporter, California Reports 800 = page number of the case reporter (1982) = year of the decision 2. ABBREVIATIONS OF REPORTER NAMES The abbreviations used in citations can be deciphered by consulting: a. Prince’s Bieber Dictionary of Legal Abbreviations, 6th ed. (Ref. KF 246 .p74 2009) b. Black's Law Dictionary (Ref. KF 156 .B624 2009). This legal dictionary contains a table of abbreviations. Copies of Black's are located on dictionary stands throughout the library, as well as in the Reference Collection. 3. REPORTERS AND PARALLEL CITATIONS A case may be published in more than one reporter. Parallel citations indicate the different reporters publishing the same case. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800, 180 Cal. Rptr. 628, 640 P.2d 764 (1982). 02/08/12 (Rev.) RG14 (OVER) This case will be found in three places: the "official" California Reports 3d (30 Cal. 3rd 800); and the two "unofficial" West reporters: the California Reporter (180 Cal.
    [Show full text]
  • Supreme Court of Ohio Writing Manual Is the First Comprehensive Guide to Judicial Opinion Writing Published by the Court for Its Use
    T S C of O WRITING MANUAL A Guide to Citations, Style, and Judicial Opinion Writing effective july 1, 2013 second edition Published for the Supreme Court of Ohio WRITING MANUAL A Guide to Citations, Style, and Judicial Opinion Writing MAUREEN O’CONNOR Chief Justice SHARON L. KENNEDY PATRICK F. FISCHER R. PATRICK DeWINE MICHAEL P. DONNELLY MELODY J. STEWART JENNIFER BRUNNER Justices STEPHANIE E. HESS Interim administrative Director The Supreme Court of Ohio Style Manual Committee HON. JUDITH ANN LANZINGER JUSTICE, THE SUPREME COURT OF OHIO Chair HON. TERRENCE O’DONNELL JUSTICE, THE SUPREME COURT OF OHIO HON. JUDITH L. FRENCH JUSTICE, THE SUPREME COURT OF OHIO STEVEN C. HOLLON ADMINISTRATIVE DIRECTOR, THE SUPREME COURT OF OHIO ARTHUR J. MARZIALE JR., Retired July 31, 2012 DIRECTOR OF LEGAL RESOURCES, THE SUPREME COURT OF OHIO SANDRA H. GROSKO REPORTER OF DECISIONS, THE SUPREME COURT OF OHIO RALPH W. PRESTON, Retired July 31, 2011 REPORTER OF DECISIONS, THE SUPREME COURT OF OHIO MARY BETH BEAZLEY ASSOCIATE PROFESSOR OF LAW AND DIRECTOR OF LEGAL WRITING, MORITZ COLLEGE OF LAW, THE OHIO STATE UNIVERSITY C. MICHAEL WALSH ADMINISTRATOR, NINTH APPELLATE DISTRICT The committee wishes to gratefully acknowledge the invaluable contributions of editor Pam Wynsen of the Reporter’s Office, as well as the excellent formatting assistance of John VanNorman, Policy and Research Counsel to the Administrative Director. TABLE OF CONTENTS PREFACE...........................................................................................................................ix
    [Show full text]
  • How to Locate a Case Using a Digest
    Sacramento County Public Law Library 609 9th St. Sacramento, CA 95814 saclaw.org (916) 874-6012 >> Home >> Law 101 DIGESTS How to Locate a Case Using a Digest The Law Library has two sets of West Digests in print format (now published by Thomson Reuters): Table of Contents The United States Supreme Court Digest, used to locate 1. How to Locate a Case Using United States Supreme Court cases, is located in Compact Topic and Key Number System in Shelving next to the Supreme Court Reporter, at KF 101 .1 Westlaw ...................................... 2 U55. Like all digests, each volume in the set is updated 2. Abbreviations and Locations of with pocket parts. Case Reporters ............................ 4 West’s California Digest, located in Row C-9 of Compact Shelving at KFC 57 .W47, is used to locate California Supreme Court and California Appellate Court cases. Digests are arranged alphabetically by topic. Examples of the approximately 400 topics are: Banks and Banking, Franchises, Insurance, Libel and Slander, Partnership, Fraud, and Criminal Law. Each topic is divided into subtopics known as "key numbers." A complete list of topic headings is available in the front of each digest volume. A complete list of key numbers is available at the beginning of each topic. A Quick Reference Guide to West Key Number System is available online west.thomson.com/documentation/westlaw/wlawdoc/wlres/keynmb06.pdf. Locate a topic and key number that interests you by scanning the list of topic headings and key numbers or by using the Descriptive Word Index at the end of each set of digests.
    [Show full text]
  • Loislaw Case Coverage Federal Reporters
    Loislaw Case Coverage Loislaw includes comprehensive coverage of cases and associated citations for the reporters and date ranges listed here (except as noted for the F. Supp and B.R. reporters) and select coverage of cases and associated citations for unofficial reporters not listed here or reporters outside of the date ranges we cover. Jurisdiction Court Reporter Citation Style Date Range Volumes Status Federal Reporters U.S. U.S. Supreme Court U.S. Reports U.S. 1754-present 1-present Official Supreme Court Reporter S.Ct. 1935-present 55-present Unofficial U.S. 1st Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S. 2nd Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S. 3rd Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F 3d 1993-present 1-present Unofficial U.S. 4th Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S. 5th Circuit Court of Appeals Federal Reporter, 2d F 2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S. 6th Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S. 7th Circuit Court of Appeals Federal Reporter, 2d F.2d 1924-1993 1-999 Unofficial Federal Reporter, 3d F.3d 1993-present 1-present Unofficial U.S.
    [Show full text]
  • California Style Manual
    CALIFORNIA STYLE MANUAL Fourth Edition A HANDBOOK OF LEGAL STYLE FOR CALIFORNIA COURTS AND LAWYERS By Edward W. Jessen Reporter of Decisions for the Supreme Court and Courts of Appeal .W4-23370-9 ©1942, 1961, 1977, 1986,2000 by the Supreme Court of California Page composition by Imagelnk, San Francisco Cover design by Side by Side Designs, San Francisco Editiorial preparation and manufacturing West Group, California's Official Legal Publisher FOREWORD For almost 60 years, the legal community of California has benefited from the publication of the California Style Manual. The manual provides a guide to standard legal style in the appellate courts, and benefits litigants and jurists alike by establishing a common stylistic base that permits read- ers to focus readily on substance rather than form. In the 14 years since publication of the third edition of the Style Manual, much has changed in the processes used for creating legal docu- ments. A personal computer on the desk is now the rule rather than the exception for most lawyers and judges. At the same time, the availability of diverse reference resources has expanded the ease and scope of research. This latest revision of the manual reflects and responds to many of the changes that the legal profession has experienced, while maintaining a steady hold on the practices that have served the courts and the profession so well. I extend my appreciation to the Reporter of Decisions and those who have assisted him in the task of revising this valuable reference tool. Ronald M. George Chief Justice of California iii SUPREME COURT APPROVAL To the Reporter of Decisions: Pursuant to the authority conferred on the Supreme Court of Cali- fornia by Government Code section 68902, the California Style Manual, Fourth Edition, as submitted to this court for review is approved and adopted as the official organ for the styles to be used in the publication of the Official Reports.
    [Show full text]
  • List of Abbreviations
    List of Abbreviations [See also Bibliography.] A. C. Appeal Cases, English Law Reports, 1891-. AG. Amtsgericht (Germany). Aetas de las Sesiones Aetas de las Sesiones del Congreso Sud-Amer­ icano de Derecho Internacional Privado, Buenos Aires, 188g. Adl. Clem. Sammlung von Entscheidungen zum Handels­ gesetzbuch, zusammengestellt von Adler und Clemens, fortgesetzt von Friedlander (Austria). Ala. Alabama Reports. All E. R. All England Law Reports, Annotated. Allg. BGB. Allgemeines Biirgerliches Gesetzbuch (Aus- tria). Allg. HGB. Allgemeines Handelsgesetzbuch (Austria). Allg. W echselord- Allgemeine W echselordnung (Germany). nung A. L. R. American Law Reports, Annotated. Am. Dec. American Decisions (Select Cases). Am. J. Camp. Law American Journal of Comparative Law. Am. J. Int. Law American Journal of International Law. Am. Jur. American Jurisprudence. San Francisco, New York, 1936-. Am. Marit. Cas. American Maritime Cases. Am. Rep. American Reports. Am. Soc. Int. Law American Society of International Law. Am. U. L. Rev. American University Law Review. Annales de Droit Annales de droit commercial et industriel Commercial fran~ais etranger et international, fondees par M. E. Thaller, Paris, 1887-. Ann. Cas. American Annotated Cases. Annuaire Annuaire de l'Institut de droit international. Annual Digest Annual Digest of Public International Law Cases, London. xxxi xxxn LIST OF ABBREVIATIONS Annual Survey Annual Survey of American Law, New York University School of Law. Annuario Dir. Annuario di diritto comparato e di studi legis­ Comp. lativi. App. Cour d'appel; corti d'appello. App. Cas. Appeal Cases, English Law Reports, r876- r8go. App. D.C. Appeal Cases, District of Columbia. App. Div. New York Supreme Court, Appellate Division Reports.
    [Show full text]
  • TMLL Guide Chapter 7
    CHAPTER 7 CASE LAW RESEARCH TABLE OF CONTENTS Case Law: Background Court Hierarchies and the Appellate Process Print Sources for Case Law Research Electronic Sources for Case Law Research Citators: Function and Formats Print Citators Electronic Citators Citation Format for Cases Highlights of Bluebook Form for Cases CASE LAW: BACKGROUND For the purpose of legal research the term “cases” or “case law” refers to opinions written by judges, usually on the appellate level, which resolve litigated disputes. In deciding cases, appellate judges base their reasoning on mandatory and persuasive legal authority, such as statutes, regulations, and previously decided cases. There are several points to keep in mind when conducting case research: • Opinions of the highest level appellate court of the jurisdiction are the most important mandatory authority. If the highest level court has ruled on a matter, that ruling binds any intermediate level appellate or trial courts in the jurisdiction. If the highest court has not ruled, the rulings of intermediate level courts are the best authority which can be found, but they do not bind the higher level court in any subsequent proceeding. • When researching, it is usually most efficient to seek out and read the most recent cases first and work your way back. The most recent cases will: a) reflect the current state of the law and b) contain citations to, and discussions of, earlier relevant cases. • Remember that the short summary of a case (known as the syllabus) and the headnotes which precede the court’s opinion are provided by the editors of the reporter, and do not constitute part of the actual opinion, although they often quote or paraphrase its actual text.
    [Show full text]
  • TMLL Guide Chapter 9
    CHAPTER 9 RESEARCHING A MARYLAND LAW PROBLEM TABLE OF CONTENTS Maryland Government Maryland Constitution Maryland Legislation Maryland Courts Maryland Court Rules Maryland Administrative Materials Maryland Local Law Baltimore City Materials Maryland Practice Materials MARYLAND GOVERNMENT Maryland government is comprised of three branches: the executive, legislative, and judicial. The executive is led by the governor of Maryland. Legislative power is vested with the General Assembly. The General Assembly has two chambers: the House of Delegates and the Senate. The judiciary consists of the Court of Appeals (the state’s highest appellate court); the Court of Special Appeals (the intermediate appellate court); circuit courts (trial courts of general jurisdiction); district courts, and the Orphan’s Court. For more information on the structure Maryland state and local government, see the Maryland Manual On-Line. MARYLAND CONSTITUTION The Maryland Constitution establishes the powers and structure of state government and guarantees certain fundamental rights. Maryland has had four constitutions in its history. The current Maryland Constitution is the 1867 constitution albeit with significant amendments. An excellent resource on the Maryland Constitution is The Maryland State Constitution by Dan Friedman. It is available online (EBSCO eBook Collection, login required) and in print (Law Library, Level 2, KFM1601 1867.A6 F747 2011). The Maryland Constitution begins with a Declaration of Rights, currently consisting of 47 articles, that describes and protects certain fundamental human rights. The Declaration of Rights protects some rights also found in the U.S. Constitution such as freedom of speech. However, Maryland’s Declaration of Rights also provides, in some instances, greater protections than those found in the U.S.
    [Show full text]