Becoming a Supreme Court justice in the US does not require judicial experience, but a background in law is helpful. Nomination by the president and confirmation by the Senate are the only requirements. Candidates must be familiar with the law and politics and get recognized by the president. Once a vacancy arises, candidates are screened […]
A judicial internship, or clerkship, is a coveted position for law students and graduates. Clerks assist judges with managing cases and communication, and may conduct research and draft memos. Competition is high, and candidates should apply to the appropriate court for their desired field. Strong academic and personal accomplishments are necessary, and the experience can […]
Litigation counseling helps lawyers manage large or complex cases by organizing documents and finding expert witnesses. It can be more cost-effective than using a licensed attorney and allows the lawyer to focus on legal practice. The counselor’s report can aid in settlement discussions and they can also help locate expert witnesses. Lay people can also […]
Judicial foreclosure is when a court authorizes the sale of a homeowner’s property to satisfy outstanding mortgage debt. The creditor files a claim and notice of Lis Pendens, and if the debt remains unpaid, the court issues a judgment in favor of the lender. The property is sold at auction to the highest bidder, who […]
A quasi-judicial body determines facts, holds hearings, and issues judgments, but is not responsible for carrying out proceedings. Examples include city councils, which can assess fines or revoke licenses. Punishments are limited and cases can be appealed in traditional courts if necessary. Quasi-judicial refers to the actions of a group of people, or perhaps an […]
A judicial mediator helps parties in a legal dispute come to an agreement without going to court. They do not issue a decision or compel either party to make one. Mediation services are used in family courts, landlord-tenant disputes, and civil lawsuits to reduce the burden on the justice system. The scope of activity varies, […]
Judicial notice allows courts to accept certain facts and laws as irrefutable and conclusive, making trials faster and easier. It applies to facts in the public domain, easily verifiable information, and scientific facts deemed indisputable. Advance notice is required, and criminal and civil cases have different standards. In civil cases, judicial notice is considered completely […]
A judicial council oversees policy for courts in a region, develops policies, reviews court integrity, and screens judicial candidates. They study the justice system, draft legal documents, and review court policies. They may screen candidates, handle disciplinary proceedings, and make reports available to the public. A judicial council is an independent organization that oversees policy […]
To obtain a judgment against a debtor, a person may file a lawsuit in court. A judicial attorney can assist with the lawsuit and post-judgment proceedings. The plaintiff must file a complaint and summons, and the defendant may respond and engage in discovery. The attorney may negotiate a settlement or represent the client at trial. […]
A court filing is a document submitted to the court clerk, stamped with an official seal and filing date. It can be for various purposes, subject to public record requests, and must follow court guidelines and requirements. Time limits and fees may apply, and rules vary by court and area of law. A court filing […]
Judicial mediation is a process offered by US district courts to resolve disputes without further litigation. A neutral mediator helps parties negotiate a resolution, often explaining weaknesses in their cases. The process can be mandatory or voluntary, and if unsuccessful, parties can proceed with litigation. Mediation saves time and money and reduces the burden on […]
Judicial activism and judicial restraint refer to different approaches to legal decisions, with the former taking into account changing times and the spirit of the law, while the latter is based on a strict interpretation of the law and precedent. These terms are often misinterpreted as liberal or conservative viewpoints, but can be practiced by […]
Court evidence is presented during a trial and can support or discredit a case. Evidentiary rules dictate admissibility, relevance, and fairness. Physical and witness evidence are common types, including documentary, factual, demonstrative, and circumstantial evidence. Court evidence refers to evidence presented in court during a hearing or trial. It can be used to make one […]
Judicial discretion is the authority judges have to interpret and make laws, limited by the US Constitution, statutory law, and stare decisive. Judges can establish common law and interpret existing laws, but cannot overrule statutory law. Higher courts can overturn existing case law. Judicial discretion refers to the authority judges have to make and interpret […]
Judicial misconduct is when a judge acts unethically or impartially. This can include accepting bribes, campaigning improperly, being hostile, or discussing details outside the courtroom. Judicial inquiry commissions investigate allegations and can impose fines, warnings, suspensions, or judicial appointments. Rules and codes of conduct are in place to prevent misconduct. Judicial misconduct is any action […]
Judicial review is the examination of actions by the executive, legislative, and administrative branches of government to determine compliance with a higher authority, such as a constitution. The scope and procedures of judicial review vary by country and legal system, with civil law systems prohibiting courts from challenging laws enacted by the legislative branch, while […]
Court records such as case registers, land registers, and criminal records are publicly available for legal research or personal curiosity. They detail parties involved, case progression, land transfers, and criminal history. Accessibility varies by jurisdiction, but many are available online or in person. There are several types of court records that are publicly available upon […]
