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Legal Analysis, Research and Writing I
ANSWERS TO WORKSHEET REGARDING THE U.S. LEGAL SYSTEM [These questions can be answered by reading the chapters assigned from the Outline of the U.S. Legal System. The headings below point you in the right direction regarding in which chapter the information may be found; however, more than one of the assigned chapters may have to be referred to for a complete answer.] QUESTIONS FROM OR BASED ON INFORMATION IN THE INTRODUCTION 1. What are the sources of federal law? The sources of federal law are: the United States Constitution, legislative law (statutes), judicial law (common law or court-made law), and executive or administrative/agency law. (pp. 7-9) Note that the same sources of law exist for state law: the state‟s constitution, legislative law (state statutes), judicial law (common law or state-court made law), and executive or state administrative/agency law. 2. What are federal laws called? “Federal laws are known as statutes.” (p. 8) 3. What is a “code”? A code is “a „codification‟ of federal statutory law. The Code is not itself a law, it merely presents the statutes in a logical arrangement.” (pp. 8-9) 4. What is common law? How does common law contrast to statutory law? Common law is “a collection of judicial decisions, customs, and general principles . that continues to develop.” Common law applies when there are no statutes or constitutional provisions that control a particular legal issue. Common law is an important source of law because legislatures (either federal or state) have not passed statutes that can cover every possible legal issue that may arise. -
District of Columbia Court of Appeals
District of Columbia Court of Appeals Nos. 11-FS-1217, 11-FS-1218, 11-FS-1255, 11-FS-1256, DEC - 8 2016 11-FS-1257, 11-FS-1258, 11-FS-1259 & 11-FS-1260 IN RE TA.L.; IN RE A.L.; IN PETITION OF R.W. & A.W.; IN RE PETITION OF E.A.; ADA-115-09; A.H. AND T.L. ADA-116-09; Appellants, NEG-235-08; ADA-172-09; ADA-173-09 On Appeal from the Superior Court of the District of Columbia BEFORE: WASHINGTON, Chief Judge; GLICKMAN, FISHER, BLACKBURNE- RIGSBY, THOMPSON, BECKWITH, EASTERLY, and MCLEESE, Associate Judges; and REID, Senior Judge. J U D G M E N T This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and for the reasons set forth in the opinion filed this date, it is now hereby ORDERED and ADJUDGED that the judgment of the Superior Court is affirmed. For the Court: Dated: December 8, 2016. Opinion by Chief Judge Eric T. Washington. Associate Judge Anna Blackburne-Rigsby and Senior Judge Inez Smith Reid, joining in full; Associate Judge Phyllis D. Thompson, joining in Parts III and V (except for footnote 38) and the judgment; Associate Judges Stephen Glickman, John Fisher, and Roy McLeese, concurring in the judgment; and Associate Judges Corinne Beckwith and Catharine Easterly, joining in Parts III and IV, but dissenting from the judgment. Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
Annual Statistical Report
If you have issues viewing or accessing this file contact us at NCJRS.gov. 1993 ANNUAL STATISTICAL REPORT , ,." .- ;;:::---- Report to the Supreme Court of Iowa by The State Court Administrator STATE COURT ADMINISTRATOR WILLIAM J. O'BRIEN STATE CAPITOL State Court Administrator DES MOINES, IOWA 50319 Apri122,1994 TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF IOWA Pursuant to the provisions of the Iowa Code §602.1209, I submit herewith the 1993 report relating to the activity of the judicial department. I wish to express my appreciation to the clerks of the Iowa District Court, district court administrators and judicial officers for their cooperation in reporting statistics to tih;; office. 148876 U.S. Depart.~ent of Justice Natlonallml'dute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice, Permission to reproduce this copyrighted material has been granted by ~a State Court MImi ni strat~r to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner, Table of Contents Letter of Transrnittal .............................................................................................................................................. i Statistical Highlights and Trends .................................................................................................................... -
Courts at a Glance
Courts at a Glance For Everyone From Students to Seniors Published by Iowa Judicial Branch Branches of American Government Separation of Powers The governmental system of the United States uses separation of powers. This means that the government has separate branches that deal with different as- pects of governing. These three branches are the legislative, executive, and judicial branches. This system is in place for both the federal (national) and state governments. The legislative branch, which on the national level is the U.S. Congress, passes new laws. The executive branch, headed by the president, enforces laws. The judicial branch, headed by the U.S. Supreme Court, inter- prets laws. While each branch has its own duties, the other branches of govern- ment have some control over its actions. These interactions are called checks and balances. Checks and balances keep one branch of government from being much stronger than the others. See the diagram below for U.S. checks and balances. U.S. Checks & Balances Confirms or rejects appointments by executive (including judges) Can veto legislation Apppoints judges È È È È Legislative Executive Judicial Writes laws Enforces laws Interprets laws Ç Ç Can declare acts of the legislative or executive branch to be unconstitutional Role of the Judicial Branch Every state and the federal government have an independent judicial branch to interpret and apply state and federal laws to specific cases. By providing a place where people can go to resolve disputes according to law, through a fair process, and before a knowledgeable and neutral judge or jury, the judicial branch helps to maintain peace and order in society. -
Federal Courts & What They Do
Federal Courts & What They Do Contents What Is a Court? 1 What Is a Federal Court? 2 What Kinds of Federal Courts Are There? 2 Map: Geographical Boundaries of U.S. Courts of Appeals and U.S. District Courts 3 Who Sets Up the Federal Court System? 4 What’s the Difference Between Civil Cases and Criminal Cases? 4 What Kinds of Cases Are Tried in State Courts? 5 What Kinds of Cases Are Tried in Federal Courts? 6 How Does a Case Come into a Federal Court? 7 Is There a Trial for Every Case? 8 Diagram: The Court Systems of the United States 9 May I Watch a Trial in Progress? 10 What Is the Purpose of the Trial? 10 Who Are the People in the Courtroom? 12 What Happens During a Trial? 15 What Happens After the Trial or Guilty Plea? 20 What Are Some of the Most Noteworthy Facts and Concepts You Should Remember About the Federal Courts? 24 Glossary 25 Federal Courts and What They Do elcome to the U.S. Courthouse. During your visit, you’ll see Wjudges and their staffs, jurors, lawyers, and people who are involved in court cases. This pamphlet answers some of the ques- tions visitors to the federal courts ask most often. It will help you understand what you see and hear in the courthouse. Of course, legal proceedings are often complex, and a pamphlet such as this may not answer all of your questions. In the back is a glossary of legal terms that you’ll find in this pamphlet. -
WHICH COURT IS BINDING?1 Binding Vs
WHICH COURT IS BINDING?1 Binding vs. Persuasive Cases © 2017 The Writing Center at GULC. All rights reserved. You have found the perfect case: the facts are similar to yours and the law is on point. But does the court before which you are practicing (or, in law school, the jurisdiction to which you have been assigned) have to follow the case? Stare decisis is the common law principle that requires courts to follow precedents set by other courts. Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to figure out which decisions bind a given court. This handout is designed to help you determine which decisions are mandatory and which are persuasive on the court before which you are practicing. Binding versus Persuasive Authority: What’s the Difference? • Binding authority, also referred to as mandatory authority, refers to cases, statutes, or regulations that a court must follow because they bind the court. • Persuasive authority refers to cases, statutes, or regulations that the court may follow but does not have to follow. To get started, ask yourself two questions: 1) Are the legal issues in your case governed by state or federal law? and 2) Which court are you in? Once you know the answers to these questions, you are well on your way to determining whether a decision is mandatory or persuasive. Step 1: Are the Legal Issues in Your Case Governed by Federal or State Law? First, a lawyer needs to know the facts and issues of the case. -
LEAVEWORTHY Vol.1 No
NEW YORK STATE BAR ASSOCIATION LEAVEWORTHY Vol.1 No. 1. Fall 2009 The Newsletter of the NYSBA Committee on Courts of Appellate Jurisdiction The opinions expressed herein are those of the author(s) only and do not refl ect the offi cial position of the Committee on Courts of Appellate Jurisdiction or the New York State Bar Association. Welcome Our committee is dynamic, pursuing appeals The success of Leaveworthy will depend largely Chair: across New York State and beyond. To meet the on you, the reader. Your contributions of cas- Hon. Betty Weinberg Ellerin (Ret.) many needs of our active, far-fl ung member- es, articles, interesting events and the like will Editorial Staff: ship, we commence our committee’s newslet- all be considered for publication in future William B. Stock Warren S. Hecht ter, Leaveworthy. Leaveworthy can serve many issues. Submissions can be sent to appcourts@ Cynthia F. Feathers needs: it will enable our members to exchange nysba.org. ideas and experiences; we will be able to share developments in law and technology; and the Draw near and ye shall be heard. In This Issue: newsletter itself will serve as a platform for our committee to express its ideas to the greater Welcome 1 — The Editorial Staff New York bar. Status Reports on 1 Criminal Leave Applications to the Status Report on Criminal Leave Court of Appeals Ties that Bind: 2 Applications to the Court of Appeals In Support Of Limiting Controlling Precedent On July 9, 2009 Chief Judge Jonathan Lippman announced an initiative to review the process by which ap- To Trial Courts Within plications for leave to appeal in criminal cases are determined. -
Small Claims Standards
COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH SMALL CLAIMS STANDARDS These Standards are designed for use with Trial Court Rule III, Uniform Small Claims Rules, effective January 1, 2002, in the District Court, Boston Municipal Court, and Housing Court Departments of the Trial Court. Honorable Barbara A. Dortch-Okara Chief Justice for Administration and Management November, 2001 FOREWORD The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002). The long delayed amendments to the Uniform Small Claims Rules were necessitated by amendments to G.L.c. 218, §§ 21-25, especially those authorizing clerk-magistrates to hear and decide small claims in the first instance, and by appellate decisions effecting procedural changes in small claims actions. The goal of the Standards is two fold: 1. To expedite, consistent with applicable statutory and decisional law and court rules, the fair and efficient disposition of small claims in all Trial Court departments having jurisdiction of such actions; and 2. To promote confidence among litigants that their small claims will be processed expeditiously and impartially by the courts according to applicable rules and statutes and recognized Standards. The Standards were carefully constructed by the Trial Court Committee on Small Claims Procedures to mesh with the amended Uniform Small Claims Rules and applicable appellate decisions. That Committee brought to its task a wealth of experience and insights gained from a variety of perspectives. -
SJI Newsletter May 2019 | Volume 29, No
SJI Newsletter May 2019 | Volume 29, No. 8 Civil Justice Initiative Pilot Project Releases Miami-Dade Evaluation In November 2016, the Circuit Civil Division of the Eleventh Judicial Circuit Court of Florida implemented the Civil Justice Initiative Pilot Project (CJIPP) to test the impact of Civil Case Management Teams (CCMTs) on civil case processing. CCMTs were envisioned as an essential component of civil justice reform in the report and recommendations of the CCJ Civil Justice Improvements Committee. With SJI support, the CJIPP created four CCMTs, each consisting of a judge, a case manager, a judicial assistant, and a bailiff. The CCMTs developed a standardized case management process to streamline administrative tasks, triage cases into appropriate case management pathways, and monitor case progress. The remaining 21 judges in the Circuit Civil Division continued to manage civil caseloads under traditional case processing practices and staffing assignments, providing a baseline for comparison. To assess the impact of CJIPP, the National Center for State Courts (NCSC) conducted an outcome evaluation that compared the outcomes of cases assigned to the CJIPP teams with those assigned to the non- CJIPP judges (baseline). The NCSC found that CJIPP cases closed at a significantly higher rate, and approximately five months earlier on average than baseline cases. Shortly after the initial launch of the pilot program, the CJIPP cases experienced a temporary increase in the number of court hearings and case management conferences as lawyers in the CJIPP cases requested modifications to case management orders, including continuances or extensions of time to complete litigation tasks; however, the frequency of these case events returned to normal levels within three months. -
Lesson: Implications and Impact of Court Decisions Objective
Courts in the Community Colorado Judicial Branch Office of the State Court Administrator Updated January 2014 Lesson: Implications and Impact of Court Decisions Objective: Students will know and understand the place of law in Colorado and in the United States (Colorado Model Content Standards: Civics, Standard 2.3, grades 9-12) Activities: Teacher lecture (background material and lecture outline provided) and class participation activity. Outcomes: Students understand how court decisions affect the law and how those effects can impact them. Grade Level: Grades 9-12 Anticipated classroom time: 45-60 minutes Message from former Colorado Court of Appeals Judge Russell E. Carparelli: The primary task of our courts is to render justice to each party in each case. Yet court decisions not only impact the parties in that case, they can also impact other courts, other branches of government and the social and economic fabric of our lives. In this way, the justice that is done in individual cases permeates and helps to bring order to our society as a whole. It is obvious that court decisions impact the parties who are before the court. In criminal matters, court decisions can determine whether the accused is guilty or not and whether the accused will suffer financially, go free or go to prison and even whether the accused will suffer the death penalty. In civil matters, court decisions determine the parties’ rights and their obligations to one another. Court decisions can dictate the parties’ future actions and can impact their possessions, finances and livelihood. These are the most direct and obvious impacts of court decisions. -
How to Read the Opinion of a Court
How to Read the Opinion of a Court Library Research Guide What is an Opinion? When a judge hears a case and arrives at a judgment, an explanation or analysis of the reasoning behind the decision is frequently written. The analysis, called an opinion, is then published in the “Reporter” for the court. Significant decisions are published also in other Reporters. Opinions, Dissenting Opinions, and Headnotes When several judges are sitting on the court that hears the case, the decision of the court can be unanimous, split, or determined by a simple majority. A judge is assigned to write the opinion if the court, but any participating judge may write a separate opinion of his own. He may agree with the majority on the most points but disagree on others, elaborating on points of agreement and disagreement. He may agree with the majority decisions for reasons other than those given in the majority opinion. He may disagree with the court’s decision and write a dissenting opinion of his own, or he may disagree without writing an opinion. Dissent in the courts appears to have increased over the years. Frequently, the reader will have to glean the relevant facts, issues, and holding from the body of the opinion. To facilitate this, Reporters generally print a brief summary of the case, called “Headnotes”, prior to the actual text of the court’s opinion. These headnotes are not authoritative, but merely reader aids. Information Contained in the Opinion The bulk of the opinion of a court will consist usually of an analysis which includes the plaintiff’s arguments and supporting cases, the defendant’s argument and supporting cases, and the court’s review of the cases, statutes, and facts applicable to the case at bar.