DOCSLIB.ORG

Bureau of Justice Statistics

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Bureau of Justice Statistics U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics State Court Organization 1998 Victim-offender relationship in violent crimes (rape/sexual assault, robbery, and assault) by sex of victim Courts and judges Judicial selection and service Judicial branch Appellate courts Trial courts The jury The sentencing context Court structure Part I: Courts and judges Coming to grips with the number and variety of courts is found in Alabama (Court of Civil Appeals), Alaska, the essential starting point for anyone interested in court Hawaii, and Idaho. organization. The fundamental distinction is between trial courts, which are courts of first instance that decide Trial courts are listed state by state in Table 3, a dispute by examining the facts, and appellate courts, distinguishing between courts of general jurisdiction (GJ) which review the trial court’s application of law to those and courts of limited (or special) jurisdiction (LJ). facts. General jurisdiction trial courts are always the highest trial court in a state where felony criminal cases and high How many appellate courts have been established in the stakes civil suits are adjudicated. They often exercise United States? Table 1 provides the answer. There are some form of appellate review over outcomes in limited two basic kinds of appellate courts. Courts of last resort jurisdiction courts or decisions by administrative (COLR) have final jurisdiction over appeals. Each state agencies, exercising what is termed incidental appellate has a COLR. Oklahoma and Texas split final appellate jurisdiction (Table 29). review between separate civil and criminal COLRs. Intermediate appellate courts (IAC) hear initial appeals, A limited jurisdiction trial court, one or more of which is to the outcome of which is subject to further review by the be found in all but five states and the District of state’s COLR. Courts of last resort typically were Columbia, typically holds preliminary hearings in felony established in the state’s constitution and sit in one cases and typically has jurisdiction over misdemeanor location, the state capital. Intermediate appellate courts, and ordinance violation cases (Table 45 details the a more contemporary institution, have multiple locations jurisdiction over felony cases by courts of limited in 21 states. In 10 states, each location serves a region jurisdiction). Civil jurisdiction is restricted to a fixed within the state and has its own chief judge and a maximum amount, and typically includes a separate permanently assigned complement of judges (Table 1). category of small claims cases for which simplified Other state appellate courts travel en banc to various procedures are established. Juvenile, domestic locations, while still other courts travel in smaller panels. relations, and drug cases are typically heard in a court of How many judges are authorized to serve and were general jurisdiction, however, there is a trend to create actually serving, as of July 1, 1998, on each court? The special courts reserved for special dockets for these number of appellate judgeships, authorized and serving, case types. See Table 33 and 34 detailing the use of for the state and federal courts is shown in Table 2. The family and drug courts. combined full-time federal and state appellate bench has 1,474 members. Most appellate judges serve on Table 3 also indicates the number of judges authorized intermediate appellate courts (1,108). for and serving on each trial court statewide. Some courts use part-time or senior judges to help with The allocation of judgeships to appellate courts caseloads, the resulting judicial power is therefore illustrates the divergence between the federal and state expressed as full-time equivalent positions. Courts courts, as well as state court diversity. All COLRs are typically also make use of quasi-judicial staff to hear established with an odd number of justices, in contrast to cases as referees, commissioners, or hearing officers. the structure of the jury as a decision-making institution, Quasi-judicial officers are usually appointed by the trial which usually entails an even number of jurors. This bench for a fixed period of time and can be dismissed by follows the federal model. However, state COLRs have that bench. General jurisdiction trial courts are usually fewer justices than the U.S. Supreme Court. The most divided into circuits or districts. In some states (e.g., common arrangement is a seven judge COLR, found in California) the county serves as the judicial district. Most 27 states and Puerto Rico. Five justices serve on states, however, construct judicial districts that embrace COLRs in 18 state courts, including the Oklahoma Court a number of counties. Limited jurisdiction trial courts of Criminal Appeals. Seven courts, including both Texas vary in whether they possess jurisdiction across a county COLRs and the Oklahoma Supreme Court (Civil COLR), or serve a specific local government unit, such as a city follow the federal nine-justice model (as does the District or village. Jurisdiction beyond a specific county is rare; of Columbia). exceptions are for those courts with special jurisdiction that applies statewide (water courts and workers’ Intermediate appellate courts often undertake review compensation courts are examples). through panels of three or more judges rather than by the full court sitting en banc (see Table 23). California The information contained in this section is basic has the largest state IAC, with 93 authorized judgeships. because there is no generic court system in the United This court is divided into nine divisions. (Table 1) There States. Even the nomenclature varies. Supreme Courts are 179 authorized judgeships for the 13 circuits of the are usually courts of last resort, but in New York the U.S. Circuit Courts of Appeal. Three judge IACs are designation “supreme” is assigned to the main trial court, Courts and judges 7 while The Court of Appeals is the state’s court of last Select Bibliography: resort. Justices and a Chief Justice usually serve on courts of last resort, but a number of COLRs have Carl Baar, One Trial Court: Possibilities and Limitations, judges and a chief judge. Judge is the standard title for Ottawa: Canadian Judicial Council, 1991. those serving on intermediate appellate courts. Howard Ball, “The Federal Court System,” Encyclopedia The closest to a generic form of court structure in the of the American Judicial System, Vol. II, R. Janosik United States is a court system with two appellate courts, (Ed.). New York: Charles Scribner’s, 1987. one a court of last resort and one an intermediate appellate court, and two or more trial courts. But many Marie T. Finn (Ed.) The American Bench: Judges of the states, and the federal courts, do not neatly fit that Nation, Ninth Edition 1997/98, Sacramento: Forster- pattern, and even those states that do add diversity in Long, 1993 [includes maps of federal and state how the allocation of subject matter jurisdiction to courts judicial boundaries]. is made, how appellate review is designated as being on a mandatory (appeal of right) or discretionary (through a Henry Glick, “State Court Systems,” Encyclopedia of the petition) basis, and in the use made of quasi-judicial American Judicial System, Vol. II, R. Janosik (Ed.). officers. New York: Charles Scribner’s, 1987. Erick B. Low, “Accessing the Judicial System: The State’s Response,” The Book of the States, 1994-95 Edition, Vol. 30. Lexington, KY: The Council of State Governments. 8 State Court Organization, 1998 Table 1. Appellate Courts in the United States Number of court locations that have: Separate administrative rules Chief justice/judge Place of session Alabama Supreme Court 1 1 Montgomery1 Court of Civil Appeals 1 1 Montgomery1 Court of Criminal Appeals 1 1 Montgomery1 Alaska Supreme Court 1 1 Anchorage, Fairbanks, Juneau2 Court of Appeals 1 1 Anchorage Arizona Supreme Court 1 1 Phoenix Court of Appeals 2 2 Phoenix (16 judges) Tucson (6 judges) Arkansas Supreme Court 1 1 Little Rock Court of Appeals 0 1 Little Rock California Supreme Court – 1 3 cities Courts of Appeal – 93 6 districts4, 9 locations Colorado Supreme Court 1 1 Denver5 Court of Appeals 1 1 Denver Connecticut Supreme Court 1 1 Hartford6 Appellate Court 1 1 Hartford6 Delaware Supreme Court 0 1 Dover District of Columbia Court of Appeals 1 1 Washington DC Florida Supreme Court 1 1 Tallahassee7 District Courts of Appeal 0 58 Varies by district9 Georgia Supreme Court 1 1 Atlanta Court of Appeals 1 1 Atlanta10 Hawaii Supreme Court 1 1 Honolulu Intermediate Court of Appeals 1 1 Honolulu Idaho Supreme Court 1 1 Varies11 Court of Appeals 1 1 Varies12 Illinois Supreme Court 1 1 Springfield Appellate Court 5 5 5 cities or districts13 Indiana Supreme Court 1 1 Indianapolis Court of Appeals 1 1 Indianapolis Tax Court 1 –14 Iowa Supreme Court 1 1 Des Moines Court of Appeals 1 1 Des Moines Kansas Supreme Court 115 1 Topeka Court of Appeals 115 1 −16 Kentucky Supreme Court 1 1 Frankfort Court of Appeals 1 1 Varies Courts and judges 9 Table 1. Appellate Courts in the United States Number of court locations that have: Separate administrative rules Chief justice/judge Place of session Louisiana Supreme Courts 1 1 New Orleans Courts of Appeal 5 5 Varies by circuit17 Maine Supreme Judicial Court 1 1 Portland18 Maryland Court of Appeals 1 1 Annapolis Court of Special Appeals 1 1 Annapolis Massachusetts Supreme Judicial Court 1 1 Boston Appeals Court 1 1 Boston Michigan Supreme Court 1 1 Lansing Court of Appeals 1 1 4 designated cities19 Minnesota Supreme Court 1 1 St. Paul Court of Appeals 1 1 Hennepin and Ramsey Counties Mississippi Supreme Court 1 1 Jackson Court of Appeals 1 1 Jackson Missouri Supreme Court 1 1 Jefferson City Court of Appeals 3 3 Varies20 Montana Supreme Court 1 1 Helena Nebraska Supreme Court 1 1 Lincoln Court of Appeals 1 1 Lincoln Nevada Supreme Court 1 1 Carson City21 New Hampshire Supreme Court 1 1 Concord New Jersey Supreme Court 1 1 Trenton Superior Court, Appellate Division 1 1 Varies22 New Mexico Supreme Court 1 1 Santa Fe Court of Appeals 1 1 Varies23 New York Court of Appeals 1 1 Albany Supreme Court, Appellate Div.
Load more

Recommended publications
  • “Law of Precedent”
    1 Summary of papers written by Judicial Officers on the subje ct: ªLAW OF PRECEDENTº Introduction :- A precedent is a statement of law found in the decision of a superior Court, which decision has to be followed by that court and by the courts inferior to it. Precedent is a previous decision upon which the judges have to follow the past decisions carefully in the cases before them as a guide for all present or future decisions. In other words, `Judicial Precedent' means a judgment of a Court of law cited as an authority for deciding a similar set of facts, a case which serves as authority for the legal principle embodied in its decision. A judicial precedent is a decision of the Court used as a source for future decision making. Meaning :- A precedent is a statement of law found in decision of a Superior Court. Though law making is the work of the legislature, Judges make law through the precedent. 2 Inferior courts must follow such laws. Decisions based on a question of law are precedents. Decisions based on question of facts are not precedents. Judges must follow the binding decisions of Superior or the same court. Following previous binding decisions brings uniformity in decision making, not following would result in confusion. It is well settled that Article 141 of the Constitution empowers the Supreme Court to declare the law and not to enact the law, which essentially is the function of the legislature. To declare the law means to interpret the law. This interpretation of law is binding on all the Courts in India.
    [Show full text]
  • Oklahoma Statutes Title 12. Civil Procedure
    OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31
    [Show full text]
  • The Small Claims Courts 1
    GUIDELINES FOR COMMISSIONERS AND CLERKS OF THE SMALL CLAIMS COURTS 1 GUIDELINES FOR COMMISSIONERS AND CLERKS OF THE SMALL CLAIMS COURTS ACCESS TO JUSTICE FOR ALL ISSUED 2020 2 GUIDELINES FOR COMMISSIONERS AND CLERKS OF THE SMALL CLAIMS COURTS TABLE OF CONTENTS PAGE Foreword by the Deputy Minister of Justice and Constitutional 3 Development, Mr John Jeffery, MP Purpose and application of the Guide 4 Historical background 5 Small Claims Court Terms and Definitions 7 Chapter 1: The form and nature of the Small Claims Court 10 Chapter 2: Jurisprudence 14 Chapter 3: Commissioners 25 Chapter 4: Duties of the clerk of the court 27 Chapter 5: Instituting a claim 31 Chapter 6: Defending a claim 36 Chapter 7: Counterclaims 37 Chapter 8: Applications 38 Chapter 9: Trial 42 Chapter 10: Evaluation of evidence 47 Chapter 11: Judgments and orders 49 Chapter 12: Steps following judgment 52 Chapter 13: Review 54 Chapter 14: Miscellaneous 56 Synopsis of case law 57 Changes in rate of interest and applicable case law 60 Sources of reference 64 Pro-forma orders 65 GUIDELINES FOR COMMISSIONERS AND CLERKS OF THE SMALL CLAIMS COURTS 3 FOREWORD BY THE DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR JOHN JEFFERY, MP Small Claims Courts are a vital part of improving access to justice and they have truly been a success story of our Department. In a little over a decade, we’ve managed to increase the number of Small Claims Courts from 152 in 2007 to 414 Small Claims Courts nationwide as well as 49 additional places of sitting as at March 2019.
    [Show full text]
  • In the Supreme Court of Texas
    IN THE SUPREME COURT OF TEXAS Misc. Docket No. 10- 9166 APPROVAL OF LOCAL RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF CIVIL COURT PROCEEDINGS BY ELECTRONIC RECORDING IN THE DISTRICT COURTS AND COUNTY COURTS AT LAW OF WEBB COUNTY ORDERED that: Pursuant to Texas Rule of Civil Procedure 3 a, the Supreme Court of Texas approves the following local rules governing the procedure for making a record of civil court proceedings by electronic recording in the district courts and county courts at law of Webb County. SIGNED this day of September, 2010. Wallace B. Jefferson, Chief Justy Natflan L. Hecht, Justice Dale Wainwright, Justice /y David M. Medina, Justice Paul W. Green, Justice Phil Johnson, Justice Don R. WUlett, Justice Eva M. Guzman, Justice Debra H. Lehrmann, Justice Misc. Docket No. 10 - 9166 Page2 RULES GOVERNING THE PROCEDURE FOR MAKING A RECORD OF CIVIL COURT PROCEEDINGS IN WEBB COUNTY BY ELECTRONIC AUDIO OR AUDIO-VISUAL RECORDING 1. Application. The following rules govern the procedures in the County of Webb in proceedings in civil matters in which a record is made by electronic audio or audio-visual recording, as well as, appeals from such proceedings. 2. Duties of Court Recorders. No stenographic record shall be required of any civil proceedings that are electronically recorded. The court shall designate one or more persons as court recorders, whose duties shall include: a. Ensuring that the recording system is functioning properly throughout the proceedings and that a complete, distinct, clear, and transcribable recording is made; b. Making a detailed, legible log for all proceedings being recorded, indexed, by the date and location of each event being recorded, showing the number and style of the proceeding before the court, the correct name of each person speaking, the nature of the proceeding (e.g., voir dire, opening, examination of witnesses, cross-examination, argument, bench conferences, whether in the presence of the jury, etc.), the time of the day of each event, and the offer, admission or exclusion of all exhibits; c.
    [Show full text]
  • Information on Filing a Notice of Appeal (Circuit Court Traffic and Other Violations)
    OREGON JUDICIAL DEPARTMENT Appellate Court Records Section, 503-986-5555 INFORMATION ON FILING A NOTICE OF APPEAL (CIRCUIT COURT TRAFFIC AND OTHER VIOLATIONS) In response to your request, we have enclosed information on how to file a notice of appeal and the forms necessary to do so. GENERAL INFORMATION 1. Please understand that filing and pursuing a case with the appellate court is technical legal work. Read all of these instructions, completely and carefully, because you must follow the relevant Oregon Revised Statutes (ORS) and the Oregon Rules of Appellate Procedure (ORAP). We strongly urge you to consider use of an attorney to help you with your case. The Supreme Court, Court of Appeals, or Appellate Court Administrator's Office cannot change the rules for you because you act as your own lawyer. You will have to follow all the rules and meet all deadlines, without exception. An appeal from a judgment in a violation proceeding may be taken according to ORS 153.121 and 138.057. At the Court of Appeals, provisions of ORS Chapter 19 apply to cases involving violations. ORS 138.057. ORAP Chapters 2 and 3 apply to appeals of trial (circuit, justice, and municipal) court decisions involving violations in general. IMPORTANT: If a justice or municipal court is not a court of record then the appeal must be filed in the circuit court. You may wish to access reference materials, including the ORS or ORAP online at www.courts.oregon.gov/programs/acrs/Pages/default.aspx. To access the ORS or ORAP, go to http://www.courts.oregon.gov/programs/acrs/resources/Pages/default.aspx and choose "Oregon Revised Statutes (ORS)", or choose "Oregon Rules of Appellate Procedure (ORAP)".
    [Show full text]
  • RULES Supreme Court of the United States
    RULES OF THE Supreme Court of the United States ADOPTED APRIL 18, 2019 EFFECTIVE JULY 1, 2019 SUPREME COURT OF THE UNITED STATES 1 First Street, N. E. Washington, DC 20543 Clerk of the Court ............................... (202) 479-3011 Reporter of Decisions.......................... (202) 479-3390 Marshal of the Court........................... (202) 479-3333 Librarian................................................ (202) 479-3175 Telephone Operator ............................. (202) 479-3000 Visit the U.S. Supreme Court Website http://www.supremecourt.gov Mailing Address of the Solicitor General of the United States (see Rule 29.4) Room 5616 Department of Justice 950 Pennsylvania Avenue, N. W. Washington, DC 20530-0001 TABLE OF CONTENTS PART I. THE COURT Page Rule 1. Clerk ................................................................................................ 1 Rule 2. Library ............................................................................................ 1 Rule 3. Term ................................................................................................ 1 Rule 4. Sessions and Quorum ................................................................... 2 PART II. ATTORNEYS AND COUNSELORS Rule 5. Admission to the Bar.................................................................... 2 Rule 6. Argument Pro Hac Vice.............................................................. 3 Rule 7. Prohibition Against Practice ...................................................... 4 Rule 8. Disbarment and Disciplinary
    [Show full text]
  • Reviewability of Administrative Action in Wyoming
    Wyoming Law Journal Volume 16 Number 3 Article 11 December 2019 Reviewability of Administrative Action in Wyoming Richard T. Anderson Follow this and additional works at: https://scholarship.law.uwyo.edu/wlj Recommended Citation Richard T. Anderson, Reviewability of Administrative Action in Wyoming, 16 WYO. L.J. 308 (1962) Available at: https://scholarship.law.uwyo.edu/wlj/vol16/iss3/11 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Wyoming Law Journal by an authorized editor of Law Archive of Wyoming Scholarship. REVIEWABILITY OF ADMINISTRATIVE ACTION IN WYOMING "The major problems of judicial review of administrative action are whether, when, for whom, how and how much judicial review."' This article will be confined to the whether, when and how aspects of judicial review of administrative action. Several states have adopted the Model State Administrative Procedure Act which will be discussed so far as is pertinent to the scope of this article. Whether or not administrative action is reviewable may or may not depend upon whether there is a statute which grants the right to have judicial review. As Davis points out in his treatise on administrative law, there seems to be a common law of judicial review of administrative action in the federal courts. Davis says that in the absence of legislative guidance either through statute or legislative history, the courts must decide as a matter of common law whether or not particular administrative action should
    [Show full text]
  • Some Problems of Removal and Appeal from Courts Not of Record in Virginia
    William & Mary Law Review Volume 2 (1959-1960) Issue 1 Article 4 October 1959 Some Problems of Removal and Appeal From Courts Not of Record in Virginia Harmon D. Maxson Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Civil Procedure Commons Repository Citation Harmon D. Maxson, Some Problems of Removal and Appeal From Courts Not of Record in Virginia, 2 Wm. & Mary L. Rev. 40 (1959), https://scholarship.law.wm.edu/wmlr/vol2/iss1/4 Copyright c 1959 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr SOME PROBLEMS OF REMOVAL AND APPEAL FROM COURTS NOT OF RECORD IN VIRGINIA' HARMON D. MAXSON I. Removal A. General Virginia statutes governing removal of a case from a court not of record merely outline procedure already in effect2 . The purpose of the statutes is not stated. A defendant may remove a case without stating cause or reason. Removal from courts not of record is limited to civil cases. In practice, the defendant may find removal an important bit of strategy in various situations. Advantages of removal in- clude benefits of a jury trial allowed in courts of record but not available in courts not of record, and foreclosure of the I As provided by Va. Code § 16.1-5 (1950) "Courts not of record," unless otherwise specifically provided, shall mean and include all courts in the Commonwealth below the jurisdictional level of the circuit and corporation courts. "County courts" are a specific type of court not of record, and include all courts in counties heretofore designated as trial justice courts and county courts.
    [Show full text]
  • Heretofore Adopted and Promulgated by This Court and Now in Effect Be and They Hereby Are Amended to Become Effective March 1, 2021
    VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Monday the 23rd day of November, 2020. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective March 1, 2021. The purpose of these amendments is to clarify the meaning of the word “shall” formerly appearing in these Rules and not to change existing law; as revised, the Rules implement and comply with any statutory mandates addressing these topics. Rule 1:1. Finality of Judgments, Orders and Decrees. (a) Expiration of Court’s Jurisdiction. — All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer. But notwithstanding the finality of the judgment, in a criminal case the trial court may postpone execution of the sentence in order to give the accused an opportunity to apply for a writ of error and supersedeas; such postponement, however, will not extend the time limits hereinafter prescribed for applying for a writ of error. The date of entry of any final judgment, order, or decree is the date it is signed by the judge either on paper or by electronic means in accord with Rule 1:17. * * * Rule 1:1A. Recovery of Appellate Attorney's Fees in Circuit Court. a) Notwithstanding any provision of Rule 1:1, in any civil action in which an appeal lies from the circuit court to the Supreme Court and a petition for appeal is denied by the Supreme Court (and, if a petition for rehearing has been filed pursuant to Rule 5:20, such petition has been denied), an appellee who has recovered attorneys' fees, costs or both in the circuit court pursuant to a contract, statute or other applicable law may make application in the circuit court in which judgment was entered for attorneys' fees, costs or both incurred on appeal.
    [Show full text]
  • Public Act No. 13-29
    Substitute Senate Bill No. 829 Public Act No. 13-29 AN ACT CONCERNING THE UNAUTHORIZED PRACTICE OF LAW. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 51-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): (a) [A] Unless a person is providing legal services pursuant to statute or rule of the superior court, a person who has not been admitted as an attorney under the provisions of section 51-80 or, having been admitted under section 51-80, has been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension, shall not: (1) Practice law or appear as an attorney-at-law for another [,] in any court of record in this state, (2) make it a business to practice law [,] or appear as an attorney-at-law for another in any such court, (3) make it a business to solicit employment for an attorney-at-law, (4) hold himself or herself out to the public as being entitled to practice law, (5) assume to be an attorney-at-law, (6) assume, use or advertise the title of lawyer, attorney and counselor-at-law, attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he or she is a legal practitioner of law, [or] (7) advertise that he or she, either alone or with others, owns, conducts or maintains a law office, or office or place of Substitute Senate Bill No.
    [Show full text]
  • Circuit Court Clerks' Manual
    CIRCUIT COURT CLERKS’ MANUAL – CIVIL OVERVIEW PAGE 1-1 Chapter 1 - Overview Civil Law - Generally Civil cases involve disputes among individuals (including corporations, which are treated legally as an individual) or groups of individuals. Unlike criminal law which is intended to deter behavior deemed detrimental to society and to deal fairly with those who misbehave, civil law is intended to make a wronged person whole again through specific performance, monetary compensation by the wrongdoer or a restitution of rights. The remedy sought in civil actions involves the right to recover damages, usually in monetary terms, or require a party to the suit to complete an agreement or refrain from some activity. The person or party who initiates the case is termed the “plaintiff” and the person or party against whom the suit is brought is termed the “defendant.” See the subsection in this chapter, “Participants in a Civil Action” for more detailed information. The number of plaintiffs or defendants included in a suit is unlimited. In civil cases, the plaintiff must prove his/her contentions by a preponderance or greater weight of evidence. Sources of law applicable to civil procedure in Virginia include federal, state and local law. The United States Constitution, federal statutes, and court cases construing federal law comprise the body of federal law. Virginia civil law consists of the state constitution, state statutes and court decisions addressing issues of state law. Specific sources of state civil law are Article I, Section 11 of the Constitution of Virginia and Title 8.01 of the Code of Virginia. Civil Actions - Law and Chancery No Longer Distinguished One of the most common questions asked upon the filing of a civil action has always been - Is the case to be filed one “at law” or “in equity”.
    [Show full text]
  • Federal Rules Civil Procedure
    FEDERAL RULES OF CIVIL PROCEDURE DECEMBER 1, 2016 E PL UR UM IB N U U S Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES 114TH CONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF CIVIL PROCEDURE DECEMBER 1, 2016 E PL UR UM IB N U U S Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U.S. GOVERNMENT PUBLISHING OFFICE WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY ONE HUNDRED FOURTEENTH CONGRESS BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, JR., Wisconsin JOHN CONYERS, JR., Michigan LAMAR S. SMITH, Texas JERROLD NADLER, New York STEVE CHABOT, Ohio ZOE LOFGREN, California DARRELL E. ISSA, California SHEILA JACKSON LEE, Texas J. RANDY FORBES, Virginia STEVE COHEN, Tennessee STEVE KING, Iowa HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas JUDY CHU, California JIM JORDAN, Ohio TED DEUTCH, Florida TED POE, Texas LUIS V. GUTIERREZ, Illinois JASON CHAFFETZ, Utah KAREN BASS, California TOM MARINO, Pennsylvania CEDRIC RICHMOND, Louisiana TREY GOWDY, South Carolina SUZAN DelBENE, Washington RAU´ L LABRADOR, Idaho HAKEEM JEFFRIES, New York BLAKE FARENTHOLD, Texas DAVID N. CICILLINE, Rhode Island DOUG COLLINS, Georgia SCOTT PETERS, California RON DeSANTIS, Florida MIMI WALTERS, California KEN BUCK, Colorado JOHN RATCLIFFE, Texas DAVE TROTT, Michigan MIKE BISHOP, Michigan SHELLEY HUSBAND, Chief of Staff & General Counsel PERRY APELBAUM, Minority Staff Director & Chief Counsel (II) FOREWORD This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2016.
    [Show full text]