United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.
An injunction is an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense.
The Domestic Violence Offender Gun Ban, often called the "Lautenberg Amendment", is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms for life by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D-NJ). Lautenberg proposed the amendment after a decision from the United States Court of Appeals for the Ninth Circuit, involving underenforcement of domestic violence laws brought under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. President Bill Clinton signed the law as part of the Omnibus Appropriations Act of 1997.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
A restraining order or protective order, is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
In law, ex parte is a Latin term meaning literally "from/out of the party/faction of", thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings.
James David Whittemore is a senior United States district judge serving in the Tampa division of the United States District Court for the Middle District of Florida. He was previously a Florida state trial court judge, a federal public defender, and an attorney in private practice who won a criminal case before the United States Supreme Court. As a federal judge, Whittemore presided over a number of high-profile cases, including a lawsuit against Major League Baseball to challenge its draft procedure, and the Terri Schiavo case, after the United States Congress had specifically given the Middle District of Florida jurisdiction to hear the seven-year-long fight over whether the brain-damaged Schiavo should be taken off life support.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
An interlocutory appeal occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. The rules governing how and when interlocutory appeals may be taken vary by jurisdiction.
The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving criminal and civil law, as well as family court, landlord and tenant, probate, tax and driving violations. All appeals of Superior Court decisions go to the District of Columbia Court of Appeals.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule. The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody.
The District Court is the lowest court in the Irish court system and the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court. At the hearing on the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order. Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ or appeal. An order to show cause is always an interim order.
The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.
