Last month we discussed judges (Justices of the Peace and Magistrates) who are not required to have law degrees, and whose courts have jurisdiction over areas larger than a city or town. Judges of city, town, village, and other municipal courts in many states are also not required to have law degrees or be practicing lawyers. These judges only have geographical jurisdiction over their own municipality, and in many states their subject-matter jurisdiction is limited to violations of the municipality’s ordinances.
We reviewed New York’s Town Courts and Village Courts in a 2010 post; with over 1200 such courts, … Read More
When we think about going to court, the first people that usually pop into our heads are the judge in a robe, the bailiff with a badge, an attorney arguing for each side, and maybe a sketch artist for dramatic, high-profile cases. People like the Court Clerk may seem foreign. Administrative officials, however, are often the first line of contact the public has with the courts, and can often provide information and assistance for free.
Whether you are looking for court records, want to file a new case, or need information on when a hearing will be or where to … Read More
Sometimes a court isn’t the best venue to solve a legal problem. In fact, many cases are resolved outside of court through various other means. Once way of resolving a legal issue is through Alternative Dispute Resolution (ADR) methods. ADR has often been viewed as a preferable method to trial. When a case uses ADR, this frees up the docket from the ever burdened courts. Also, ADR can often be less costly than trial. There are a few methods that fall under the ADR system, however the three most common forms are negotiation, mediation, and arbitration.
During negotiation the parties … Read More
Jurisdiction is one of the most important concepts in the legal community. Cases can easily be lost based on jurisdiction. So, what makes it so important? Jurisdiction essentially gives the court the authority to handle a case. Having jurisdiction allows a legal authority, such as a judge, the power to hear the legal matters and make final decisions. Three of the most important types of jurisdiction include Personal Jurisdiction, Territorial Jurisdiction, and Subject Matter Jurisdiction. Each of these plays a different role in they types of cases to be heard by a court.
Personal Jurisdiction is the power of a … Read More
If you are involved in a legal case, there are numerous people in numerous legal roles that could have a major role in your case. As such, today I dedicated this article to looking at who these people are, and what they do. Below, I take a look at some of the key roles of those involved in legal proceedings.
Judge: A judge is the person who presides over the court matters. There are many different types of judges, and they can either be appointed or elected. Judges are also responsible for writing their opinions, called Court Opinions, once a … Read More