The Legal Process and Issues Involved in a Lawsuit
Regardless of whether you are dealing with criminal or civil cases, you will find legal issues. These include issues based on the ethics of the law and the application of the existing regulations. Legal issues are also based on controversial social issues, such as the death penalty and abortion. Some of these debates revolve around the need for new regulations.
Laws are formulated by Congress and state legislatures. The laws are then passed and signed into law by the president. If the laws do not conform to the constitution, the courts can declare them unconstitutional. State courts can also strike down unconstitutional laws.
The United States Statutes at Large are updated for each session of Congress. They contain new public and private laws. This includes unnumbered bills and joint resolutions.
In a civil case, the plaintiff is the person who starts the lawsuit. The defendant is usually the person who receives the court papers. There are many parties involved in complex litigation.
The process involves a number of procedures, including the petition, arraignment, discovery, evidence, testimony, and court proceedings. An interpreter is provided in the courtroom for the benefit of the people who speak a different language.
A petition is a formal written request to a judge. It defines the facts and statutory grounds for the complaint against the defendant. The petition is also issued to the other party in the complaint.
Arraignment is the first court appearance of the accused criminal. The defendant is advised of his rights and is advised of his or her plea. Depending on the type of crime, the defendant may enter a plea during arraignment or may waive his or her right to a plea.
The prosecutor is a person who represents the state in a criminal case. For civil matters, the assistant attorney general represents the state.
Evidence is documents presented at trial. The Trial Referee is an attorney appointed by the Chief Justice to hear civil non-jury cases. During a trial, the prosecutor and defense attorneys present their cases under oath.
The case flow coordinator oversees the scheduling of hearings and trials. He or she also maintains records of all cases, monitors the progress of the cases, and maintains a calendar of the cases that will be heard.
The Court System is primarily concerned with the legality of existing acts. Laws are created by the federal government and the states, and reviewed by the federal courts for constitutionality.
The process of eminent domain means taking private property for public use without the owner’s consent. Using this power, the government can force tenants out of rented properties. Eminent domain can also be used to acquire land for the purpose of constructing a building.
A stipulation is a written agreement between the parties. It is similar to a contract. Lien is a security against debt.
Arrearages are unpaid child support. Probation absconder is a person who is under probation supervision. No contact order is an order from a judge to a party that does not have regular contact with the other party.