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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.
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
In law, the expression trial de novo means a "new trial" by a different tribunal. A trial de novo is usually ordered by an appellate court when the original trial failed to decide in a manner dictated by law.
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.
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.
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
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The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
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In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties. The position of magistrate judge or magistrate also exists in some unrelated state courts .
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted.
In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or another civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.
References
- ↑ Ben Emmerson, Andrew Ashworth, Alison Macdonald, Human Rights and Criminal Justice (2012), p. 198.
- ↑ Dr Hendrik Kaptein, Henry Prakken, Bart Verheij, Legal Evidence and Proof: Statistics, Stories, Logic (2013), p. 12.
- ↑ Mauro Rubino-Sammartano, International Arbitration Law and Practice (2001), p. 42, noting that "arbitration constitutes legal proceedings".
- ↑ See generally, Buckner F. Melton, The First Impeachment: The Constitution's Framers and the Case of Senator William Blount (1998).
- ↑ Richard A. Posner, An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (2009), p. 185.
