(2) Importance of dealing with the case after the fact – Indicates how the same and other courts interpret the original case. (1) Pure arbitration – a tribunal called upon to decide cases based on previous (precedent) judicial decisions and/or guidelines and an inherent sense of fairness. In cases of pure decision-making, there is no applicable law or constitutional provision. This type of decision-making power is referred to as the „court-created doctrine.“ Historically, the term „jurisprudence“ referred to certain areas of law (e.g., tort, property) that began as judicial or purely adjudicative rights. Special conditions imposed by the court to compel a person to undergo an examination and treatment for a mental disorder. Treatment may include psychiatric, psychological and sexual offence-specific assessments, inpatient or outpatient counselling, and medication. Often the defender is also assigned on the first appearance. All suspects prosecuted for serious crimes have the right to be represented by a lawyer. If the court considers that the suspect is destitute and does not have the means to be represented, it appoints a lawyer at the expense of the public. A court-recognized mechanism where two or more cases can be managed together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool resources, hire the same professionals, etc.) A federal judge who, after reaching the required age and duration of judicial experience, acquires a higher status, thereby creating a vacancy among the active judges of a court.
A senior judge retains the judicial office and can reduce his or her workload by up to 75%, but many choose to retain a larger number of cases. Exhaustion – The parties must have exhausted all possible remedies available to the court of first instance or the administrative authority. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Investigators from these agencies investigate the crime, obtain evidence and help prosecutors understand the details of the case. Part of the investigation may include a search of a person`s home, business, car or other property. The Fourth Amendment to the Constitution generally requires law enforcement officers to obtain a search warrant from a court based on probable reason before conducting such a search. Other methods commonly used in an investigation include witness interviews, visual observations, document requests, and sample sampling. When juveniles are brought before juvenile courts, the admissions chamber of the court or the prosecutor decides whether there are sufficient grounds to justify the submission of a request for a hearing or a request for transfer of jurisdiction to the criminal court. At this stage, many young people are released or referred to other programmes. A written court order ordering a person to do or refrain from doing a particular act.
As provided for in the Criminal Law Act, an organization formed within a federal judicial circuit to represent criminal accused who do not have the means to defend themselves adequately. Each organization is overseen by a federal defense attorney appointed by the county Court of Appeals. After several weeks or months of preparation, the prosecutor and defense are ready for trial. Trial is a structured process in which the facts of a case are presented to a jury and the jury decides whether the defendant is guilty of the charge or charges. Usually, a jury trial takes place in a courtroom, but there are circumstances in which the case is heard alone before the judge, which is called a trial. During the trial, the prosecutor uses witnesses and evidence to prove to the jury (or judge in a court case) that the accused committed the crime. The accused, who is represented by a lawyer, may also testify on the basis of witnesses and evidence. Federal courts also tend to avoid constitutional questions when they are able to decide a case for procedural, legislative or other reasons.
After an arrest, law enforcement authorities provide the prosecutor with information about the case and the accused, who decides to formally charge the court. If no charges are laid, the accused must be released. The prosecutor may also drop charges after requesting prosecution (nolle prosequi). One of the first steps in preparing for trial is talking to witnesses who could testify in court. A witness is a person who saw or heard the crime or who has other important information about the crime or the accused. Victims of environmental crimes can be witnesses in a case. Once suspects, accused or offenders are released from the jurisdiction of a criminal justice authority, they can be re-dealt with by the criminal justice system for a new crime. Long-term studies show that many arrested suspects have criminal histories and those who have already been arrested more are more likely to have been re-arrested. Because the courts consider criminal records when sentencing, most prisoners have criminal records and many have been incarcerated in the past. Nationally, about half of inmates released from state prisons will return to prison.
Civil cases include any type of legal action other than criminal offenses, including bodily injury, contract disputes, adoptions, divorces, and defective consumer products. The party bringing the action or plaintiff must prove their case before a judge or jury by presenting more convincing evidence than the contrary evidence (as opposed to criminal proceedings, where the evidence must be beyond a reasonable doubt). Some aspects of civil matters – divorce, alimony or custody matters – can be heard by quasi-bailiffs, including prothonotaries or conference officers. A lawsuit in which one or more members of a large group or class of persons or other entities sue on behalf of the group as a whole. The district court must determine that class actions contain questions of law or fact before the action can be brought as a class action. Procedures for obtaining disclosure of evidence prior to trial. (1) Definition of subsequent antecedents – What a superior court has done with respect to a lower court decision on appeal. Juvenile courts generally have jurisdiction over matters involving children, including crime, neglect and adoption. They also deal with „status offences“ such as truancy and running away, which do not apply to adults.
State laws define who falls within the original jurisdiction of the juvenile court. The highest age of juvenile justice in crime is 17 in most states. A bailiff of the United States District Court who is the competent judicial officer in federal bankruptcy cases. The different sources of law can also be divided into primary and secondary sources of law. Primary sources of law may be mandatory for a particular court, or they may simply be persuasive. Whether they are binding or convincing depends on various factors. The secondary authority is not in itself a law and never a binding authority. However, a court may turn to secondary sources of law for advice on how to resolve a particular problem. The secondary authority is also useful as a tool for case finding and general information on a particular topic.
Latin for „friend of the court“. This is counsel formally offered to the court in a pleading filed by an entity interested in the case but not by a party to it. A federal agency responsible for collecting judicial statistics, administering the budget of federal courts, and performing many other administrative and programmatic functions under the direction and supervision of the United States Judicial Conference. The study of the law and structure of the legal system generally refers to two events in individual bankruptcy cases: (1) the „individual or group briefing“ of a non-profit budget and credit advisory agency, in which individual debtors must participate before filing an application under a chapter of the bankruptcy law; and (2) the „Personal Financial Management Course“ in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered. There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. (2) Significance of subsequent history – If a higher-level court acted in a lower-level case, the opinion and decision of the superior court sets the precedent in the case. In fact, the opinion of a higher court prevails over the opinion of a lower-level court in the same case. Municipalities and counties further define their criminal justice systems through local ordinances prohibiting local authorities responsible for criminal prosecutions that have not been established by the state.
Act of a court annulling the decision of a lower court. Lifting is often accompanied by pre-trial detention before the lower court for further proceedings. Once a defendant is found guilty, he or she can appeal to the Court of Appeal if he or she believes that he or she was wrongly convicted or that the sentence was too severe.