Here at CourtReference, we’ve quite familiar with the court systems in every state. Unless you have business with courts in many different states, you may not be aware of how different court systems can be from state to state.
The basic structure is not so different; each state usually has a trial court in which the parties argue both the facts and the law in front of a judge or jury. The judge decides how to apply the law, and the judge or jury decides which facts are true and which are not – in other words, which party … Read More
Many businesses and government agencies give special treatment to people over a certain age. That age limit is usually around 60, 65, or somewhere in between. If you’re a “senior”, an “elder”, or otherwise in that category, you can usually get discounts from private enterprise on things like meals, hotels, and movie tickets. From the government, you can get a lifetime pass to National Parks for only $10.
When it comes to the justice system, seniors don’t get any breaks. If you’re accused of a crime, or sued for damages, the law only cares about your age if you’re a … Read More
We talk about lawyers a lot on this blog, including how to complain about your lawyer. What if you have a beef with the judge? That may seem like a stretch; sure, you can complain about the lawyer you hired, but you didn’t hire the judge. Even so, if a judge takes an action that could be considered to be unethical, misconduct, or evidence of mental or physical incapacity, there are ways to complain.
The American Bar Association (“ABA”) has adopted a Model Code of Judicial Conduct that establishes general rules for judges to follow. In a nutshell, … Read More
Lately there have been a disturbing number of news reports about mentally-ill people being shot by police. The need for better training of police to deal with the mentally ill has been amply covered by other blogs. But mentally-ill people who survive their encounter with law enforcement have a chance for better treatment from the court system – and that’s where this blog comes in.
Back in 2008 we touched on two different aspects of court procedure involving people with mental health problems. A court system’s involvement with a mentally ill person may occur when the person is facing involuntary … Read More
This blog has discussed many ways to find a lawyer, from how to decide whether or not you really need a lawyer to evaluating a prospective lawyer by using online resources and checking disciplinary records. In between, we covered ways to find free legal help here and here; lawyer referral services here, here, and here; using lawyers for limited services; even finding legal help during a natural disaster.
After using all these resources – or after getting a recommendation from a friend – you’ve found a lawyer to take your case. So far, … Read More
Unless you live in Delaware, Mississippi, or Tennesse, you may not be familiar with the term Chancery Court. But Chancery Courts were part of the English judicial system for hundreds of years, were brought to the American colonies, and were part of most U.S. states’ early judicial systems.
The name itself originated outside of the judicial system; in Europe, starting with the Roman Empire, the Chancellor was in charge of government records. When today’s English legal system first began to develop after the Norman Conquest, the Chancery was the public records office, under the direction of the Lord Chancellor. Because … Read More
Here at CourtReference, we spend a lot of time looking at court systems, so we get to see types of courts in some states that you may not have in your state – yet. Courts that specialize in a particular area of the law have been around for a long time. Examples are Family Court, Juvenile Court, Tax Court, and Probate Court.
But in the past few decades, courts that specialize in a single type of case have evolved. These highly specialized courts may be a separate court, or a division or program of court of more general jurisdiction. … Read More
Guns are in the news lately. The USA is a big country with a lot of guns, some of which are used to kill large numbers of people, generating news reports. Some are used in confrontations that become high-profile trials, generating more news reports.
From Newtown CT to Sanford FL, the headlines have driven debate about guns and gun violence. The debate in turn drives more headlines about guns – so guns are in the news. But in the USA, guns are always in the news. Although the Sandy Hook school shooting and the George Zimmerman trial make headlines, guns … Read More
Crime is in the news lately. But as they say in the news business, “If it bleeds, it leads.” – so whether crime rates are up or down, crime is always in the news. Among the crime reports are those in which the accused is a minor, so the reports note whether the accused will be tried as an adult or a minor. But what does that question really mean?
If the minor is tried as an adult, the trial will be in a regular criminal court, and neither the process nor the result will take the accused’s age into … Read More
The American criminal justice system is not always all about determining guilt or innocence and then punishing the guilty. It recognizes that some “bad actors” can be deterred from embarking on a life of crime, and can be given a “second chance” through programs that don’t result in a criminal record. For examples, see our blog posts about Mental Illness Cases, Drug Courts, Veterans Courts, Family Dependency Treatment Courts, and Diversion. These “problem-solving” or “accountability” courts are not actual courts, but special programs that impose treatment, counseling, education, restitution, and community service in lieu of … Read More