The scheme of American jurisprudence wherein a judge renders a decision in a controversy between parties who assert contradictory positions during a judicial examination such as a trial or hearing.
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Procedures for settling disputes by means other than litigation; e.g., by arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, divorce actions, in resolving motor vehicle and medical malpractice tort claims, and in other disputes that would likely otherwise involve court litigation.
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The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution.
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A court decree that terminates a marriage; also known as marital dissolution.
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The system of law that has developed in England from approximately 1066 to the present.
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Statutes, court decisions, and provisions of the federal and state constitutions that relate to family relationships, rights, duties, and finances.
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Originally, juvenile court was a place for the informal resolution of a broad range of matters concerning children. The hearings were not adversarial. Instead, they focused on the juvenile's best interests. A juvenile was brought to the juvenile court, the prosecution presented evidence, the juvenile and other witnesses gave testimony, and the juvenile court judge made a decision based on the perceived best interests of the juvenile.
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In the case In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970), the U.S. Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution requires proof beyond a reasonable doubt before a juvenile may be adjudicated delinquent for an act that would constitute a crime were the child an adult. Winship expanded the constitutional protections afforded by In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), in which the Supreme Court ruled that minors accused of delinquent acts must receive notice of any charges pending against them, and be given a reasonable opportunity to defend themselves during a fair hearing in which they enjoy the right to counsel, the right not to incriminate themselves, and the right to confront and cross-examine adverse witnesses.
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An area of the law that deals with the rights of employers, employees, and labor organizations.
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An association, combination, or organization of employees who band together to secure favorable wages, improved working conditions, and better work hours, and to resolve grievances against employers.
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The persons who are directly involved or interested in any act, affair, contract, transaction, or legal proceeding; opposing litigants.
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A proceeding before a judicial officer in which the officer must decide whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there is probable cause to believe that the defendant committed the crime.
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A method of legal practice in which the judge endeavors to discover facts while simultaneously representing the interests of the state in a trial.
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The right, under the Fifth Amendment to the U.S. Constitution, not to be a witness against oneself in a criminal proceeding.
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A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and reparation.
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