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Federal Judiciary Frequently Asked Questions A civil action is commenced by the filing of a complaint. There is no similar law governing civil trial scheduling, and as a result, the scheduling of criminal cases is assigned a higher priority. Litigants should keep in mind that judges have many duties in addition to deciding cases. www.uscourts.gov /faq.html   (3770 words)

Supreme Court : Civil Litigants In civil litigation the parties are generally responsible for conducting the litigation. The process of bringing a civil action to trial in the Supreme Court of Tasmania is set out in Part 22 - Trials of the Supreme Court Rules 2000. You are directed to a disclaimer and copyright notice governing the information provided, and a personal information protection statement. www.supremecourt.tas.gov.au /going_to_court/civil_litigants   (278 words)

Civil Litigation in Michigan Civil law is a broad category, which includes such diverse matters as personal injury practice, medical malpractice, breach of contract, libel and slander, collections, patent law, bankruptcy and trespass. Litigation in Michigan is regulated first by Michigan's statutory and common law, and secondarily by the Michigan Court Rules. While most litigators develop a good understanding of the laws which govern their areas of practice, and of the court rules for the courts in which they practice, the laws and court rules can be very confusing for a layperson. www.a2lawyer.com /articles/litigation/litigation.html   (610 words)

Colorado: Governor's Task Force on Civil Justice Reform - Executive Summarys For instance, civil district court filings grew by 20 percent between 1997 and 1998, compared to a 15 percent increase in criminal cases. Since 1984, civil filings (in both limited and general jurisdiction courts) per 100,000 population have increased 17 percent, or an average of 1.2 percent per year. Nationally, most civil cases that go to trial are resolved within two years: 56 percent of tort trials are disposed within two years and 88 percent are disposed within four years. www.state.co.us /cjrtf/report/executiv.htm   (1735 words)

75-2-413. Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain ...   (Site not responding. Last check: 2007-10-24) Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. The civil penalty is in lieu of the criminal penalty provided for in 75-2-412, except for civil penalties for violation of the operating permit program required by Subchapter V of the federal Clean Air Act. This presumption may be overcome to the extent that the person operating a commercial hazardous waste incinerator can prove by a preponderance of evidence that there were intervening days when a violation did not occur, that the violation was not continuing in nature, or that the telemetering device was compromised or otherwise tampered with. data.opi.mt.gov /bills/mca/75/2/75-2-413.htm   (307 words)

CJR Interim Report, Section G. Unrepresented Litigants, G1. The challenges generally posed by unrepresented litigants ...   (Site not responding. Last check: 2007-10-24) It is perhaps understandable that such problems sometimes lead judges and legal practitioners to view unrepresented litigants as a nuisance and to treat them with intolerance and hostility. Litigants in person probably feel in any event at a great disadvantage and, meeting a hostile reception, are likely to see the system as unjust and themselves as its victims. As Sir Owen Dixon once remarked in a case in which I appeared, it is the responsibility of the trial judge in each instance to listen sympathetically to the case which the litigant seeks to present with a view to ascertaining and understanding it. www.civiljustice.gov.hk /ir/paperHTML/Section_G1.html   (586 words)

BW Online | January 9, 2002 | Every Man a Cyber Crook Civil litigants are often most directly affected by the actions of hackers, and providing for civil remedies allows those who suffer economic loss to be compensated. In fact, as is often the case when Congress permits private litigants to dictate the scope and meaning of a criminal statute, the results of the litigation has not always pleased the Department of Justice or Congress, and has recently forced Congress to amend the statute to clarify its meaning and intent. Nevertheless, these civil litigants are helping to define the scope of what it means to be a computer criminal. www.businessweek.com /technology/content/jan2002/tc2002019_2840.htm?chan=search   (1657 words)

VIRTUAL CIVIL LITIGATION   (Site not responding. Last check: 2007-10-24) The institutions of civil litigation are, however, headed for fundamental change caused by the invention of the computer chip. The problem with this strategy is that some litigants are more vulnerable to the deterrent effect than others, and it therefore operates independently of the merits of their claims or defenses. But virtual litigation will be more civil, more predictable, and more in control of the parties and their lawyers, and more likely to result in the application of law to fact. www.paulcarrington.com /Virtual%20Civil%20Litigation.htm   (9644 words)

People v. Leung - California DUI Lawyers Thus, it is necessary to determine whether the distinction drawn between criminal and civil litigants and proceedings is rationally related to a legitimate state purpose served by this statute. In every criminal trial, the state is a party, acting for the protection of the people of the state, while a civil trial involves a private dispute which one of the parties has chosen to litigate in the forum provided by the state for such actions. The California Supreme Court has held that "a greater possibility that the right conferred by the statute would be abused" is a reason sufficient to justify granting civil litigants the right to peremptorily challenge a trial Judge while withholding that right from criminal litigants. www.dui1.com /DuiCaseLawDetail14010/Page6.htm   (418 words)

On Civil Processes: Reconsidering What "Civil Procedure" Entails Thus, even when calls for change in different countries are comparable, the implications of restructuring civil processes differ, requiring political understandings of the import of reforms, the resources available to support them, technical challenges to their implementation, and economic interests seeking expansion or constraint of procedural opportunities. For some, civil processes ought to be a beacon of justice and embody a society's ideals about equal opportunities and fair allocation of resources. Given such deep conflicts about the utility and propriety of reliance on civil processes, it is not surprising that the current era is filled with disagreement about the import and shape of such processes. www.aals.org /profdev/civpro/resnik.html   (4298 words)

7/97 -  David Grimes - Juvenile civil orders   (Site not responding. Last check: 2007-10-24) Civil protective order hearing brought in juvenile court is not criminal proceeding from which criminal conviction or sanction may result, and Commonwealth is not party in interest. A well-established principle of statutory construction is that where the General Assembly acts in an area in which either the Supreme Court of Virginia or the Court of Appeals of Virginia has announced a decision, it is presumed to know the law as the courts have stated it, and to have acquiesced in it. The second paragraph continued the requirement that the Commonwealth's attorney represent the Commonwealth in all cases appealed from the juvenile court to the circuit court. www.vaag.com /media%20center/Opinions/1997opns/jul974.htm   (664 words)

Help desk offers advice to civil litigants A federal court is staffing a new help desk with an attorney to assist people involved in civil cases, and experts say it is believed to be the first of its kind in the nation. Mountains of paperwork and confusing legal terms can be intimidating to the thousands of people who forgo a lawyer and represent themselves in court. But a federal court here is staffing a new help desk with an attorney to assist people involved in civil cases, and experts say it is believed to be the first of its kind in the nation. www.happynews.com /news/172006/Help-desk-offers-advice-to-civil-litigants.htm   (699 words)

Civil Rights The rights that are most commonly referred to as "civil rights" involve the protections against discrimination on the basis of race, religion, gender, or national origin. The most prominent example of a statute protecting civil rights is the Federal Civil Rights Act of 1964 which, among other things, prohibits discrimination on the basis of race in places of public accommodation. You generally won’t be successful in a lawsuit against a private individual for depriving you of your civil rights unless there is a federal or state statute authorizing a suit against a private individual. www.blacklawoffices.com /Injury%20Law/Civrts.htm   (2603 words)

1994 International Covenant on Civil and Political Rights   (Site not responding. Last check: 2007-10-24) Litigants unhappy with anything that occurs in the course of an investigation into their conduct or with the result of their trials cannot sue the judges. While protections in civil disputes might not match those that exist in criminal proceedings, the fundamental features of the United States judicial system -- an independent judiciary and bar, due process and equal protection of the law -- are common to both. Family Finance Corp., 395 U.S. This is particularly true in civil cases involving governmental action, where the Supreme Court, since the 1970's and the landmark case of Goldberg v. gopher.state.gov /ERC/law/Covenant94/Specific_Articles/14.html   (12758 words)

Interpreters' and translators' fees shall be paid: (a) In criminal cases and in coroners' cases, from the county ... Interpreters' and translators' fees shall be paid: (a) In criminal cases and in coroners' cases, from the county treasury upon warrants drawn by the county auditor, when so ordered by the court or by the coroner, as the case may be. (b) In civil cases, by the litigants, in such proportions as the court may direct, to be taxed and collected as other costs. The county's proportion of such fees so ordered to be paid in any civil suit to which the county is a party shall be paid in the same manner as such fees are paid in criminal cases. www.iadvocate.net /CACode/CACode_Section59564.htm   (226 words)

Chief justice advocates for civil litigants: 1/23/00 In a brief interview afterward, Marshall said she was not necessarily advocating that public defender services be expanded to cover civil matters. One possibility, she said, would involve establishing ways for litigants to resolve civil matters outside of court, through a less formal dispute resolution process. Marshall noted that the 308-year-old Supreme Judicial Court was among the first in the nation to require that the public provide attorneys to criminal defendants who cannot afford them. www.s-t.com /daily/01-00/01-23-00/a03sr015.htm   (459 words)

BBC NEWS | UK | Civil justice system 'close to collapse' The UK's civil justice system is "creaking at the seams" and cannot be sustained much longer, one of the country's highest judicial figures has told the BBC. Master of the Rolls Lord Justice Phillips runs the civil courts in England and Wales with a budget of more than £400m and is the second most senior judge after the Lord Chief Justice. He warned that civil litigants will be denied justice because of spiralling court costs - unless the treasury stumps up a further £300m within three years. news.bbc.co.uk /2/low/2517363.stm   (418 words)

Paul D. Carrington, The Civil Jury And American Democracy, 13 Duke J. of Comp. & Int'l L. 79 (2003)   (Site not responding. Last check: 2007-10-24) In its role in civil proceedings, the jury performs a comparable function by rendering the legislators who make the controlling law doubly accountable to the people, who first elect their lawmakers and are then called to administer the laws those representatives make. To that degree, the civil jury is controversial. A fourth consequence of the civil jury is the emergence of a political constituency for laws administered by juries, particularly the law of torts as it has evolved in the fifty states. www.law.duke.edu /journals/djcil/articles/djcil13p079.htm   (6090 words)

A practical method for the evaluation of symptom exaggeration in minor head trauma among civil litigants -- Sreenivasan ... A practical method for the evaluation of symptom exaggeration in minor head trauma among civil litigants -- Sreenivasan et al. Forensic psychiatrists and psychologists are often called on to provide opinions and render testimony in which minor head trauma accompanied by persistent somatic, cognitive, and/or emotional symptoms is alleged. The purpose of this article is twofold: first, to review critical issues related to the assessment of malingering and symptom exaggeration in mild head injury cases; and second, to offer a practical model for the assessment of amplified neuropsychological and psychiatric deficits in civil litigants in cases of minor head trauma. www.jaapl.org /cgi/content/abstract/31/2/220   (201 words)

Judicial Federalism and the Civil Liability Provisions of the McCain Committee Bill The bill thereby avoids the problems the original drafters faced in trying to maintain civil actions as state actions while prohibiting class actions and permitting a federal forum for the resolution of such claims. By claiming that all civil actions are federal actions, the committee bill does not need to engage in stealth federalism. Thus, the following sentence provides that "The Castano Civil Actions shall be dismissed with full reservation of the rights of individual class members to pursue claims not based on addiction or dependency in civil actions in accordance with this Act." The remaining ambiguity is resolved by the definition of "Addiction claim; dependence claim" in sec. www.tobacco.neu.edu /tobacco_control/publications/McCain/jud_fed.html   (2721 words)

Books.MusicaBona.Com | Barclay Scott: Appealing ACT: Why People Appeal in Civil Cases Civil litigants, he writes, decide to appeal their cases if they think they will be able to voice issues neglected at the lower court trial, even if they expect that the appeals court will not decide the case in their favor. He uses qualitative interviews with litigants at four different locations to "test" the validity of the assumptions of these two models and illustrates how most litigants focus more on process than on outcome in deciding whether to appeal their case. He suggests that contrary to the assumptions of the outcome-based models the entire court experience is a very important consideration in a litigant's decisions to appeal. books.musicabona.com /item/0810116960.html   (358 words)

chapter 4 A reparation order operates as a civil judgment or order and may be enforced by the person in whose favour it has been made by the same means available for the enforcement of other civil judgments or orders. The Committee notes that the assimilation of reparation orders to other civil judgments means that the period for payment by instalments is likely to be less than under the criminal model for enforcing payment of fines, and that the question of interest on moneys to be paid by way of reparation will be necessarily addressed. It therefore concludes that it is appropriate to preserve the civil rights of victims to the extent that those rights are not addressed by the making or enforcement of reparation orders. www.parliament.vic.gov.au /lawreform/restitution/final/ch4.htm   (3353 words)

FCLR Home Page -- © 1999 FMJA The Smalkins then argue that the American jury trial system is perceived by the litigants as too expensive because of one particular “cost”, the risk of a verdict out of all proportion to the harm caused. They therefore propose significant consideration of replacing the American jury, picked at random from the entire community, with more select juries who are more likely to reach a fairer and, in that sense, more “efficient” verdict because of their professional experience and education. Dean Carroll analyzes how courts should require litigating parties to preserve the contents of their computer systems, which contain millions of documents and may already be programmed to delete, in the ordinary course of business, documents that may someday be relevant and discoverable. www.fclr.org /content/fclr.htm   (2275 words)

Civil Justice - About Civil Justice -Civil Restry   (Site not responding. Last check: 2007-10-24) The Civil Registry is also tasked with the management of the massive caseload heard at the Civil Justice Division. The Civil Registry ensures the smooth and efficient running of the Seamless Civil Justice System and oversees the history of the file from the time of the filing of the Writ of Summons, till the final resolution of the matter. Through the use of Pre-Trial Conferences, the Civil Registry monitors the conduct of litigation to ensure that matters are expeditiously brought to a timely and efficient resolution, thus enhancing access to Justice for all civil litigants. www.subcourts.gov.sg /Civil/abt_CJ_civil_registry.htm   (159 words)

The Civil Action Channel - The Civil Action Channel Blawg. This podcast, while lengthy at 25 minutes, covers a wide range of topics as to taxable damage cases, what the impact is for trial lawyers and plaintiffs, and some of the issues for litigants in sexual abuse cases among others will now be facing given the wording and reasoning behind the Murphy vs IRS opinion. focuses his practice on complex business litigation and personal injury matters and over the course of his career he has represented both plaintiffs and defendants in a variety of civil litigation matters and has tried over 60 cases to verdict. Civil Action attorney, Jan Schlichtmann, announced at the 3-18-07 Mass Torts Conference in Las Vegas the formation of a new Trust - The ESA Settlement Trust - a Trust for people who may have been injured by the use of the anemia drugs Procrit, Aranesp, and Epogen. www.civilactionchannel.squarespace.com   (6478 words)

Resume of Robert E. Golden - Experienced Mediator & Board Certified Attorney - San Antonio, Texas Civil Trial Lawyer   (Site not responding. Last check: 2007-10-24) One significant case in which I was involved was a suit in which my clients, as beneficiaries of a large family trust, were suing the trustee, who was their brother, for breach of fiduciary duty. After having participated in several mediations as a litigant in various civil matters, I took mediator training in March 1994, and subsequently completed all requirements to be a qualified mediator by the Attorney-Mediator Institute. I continue to actively practice law, representing civil litigants generally, but I also conduct mediations and arbitrations in most civil matters, as well as contested probate, estate, and trust matters. www.goldenlaw.net /Resume_REG.htm   (526 words)

supreme court and civil rights - Books, journals, articles @ The Questia Online Library That the plaintiff in a civil liberties...dissenting from a Supreme Court reversal...sections of the Civil Rights Act of 1964...the U.S. Supreme Court in December... Civil rights--Cases, Elections--Cases, Freedom of the press--Cases, Public schools--Social aspects, Sexual harassment--Cases, United States. Civil Rights Act of 1964--Interpretation and construction, PSFS Meritor Savings Bank--Litigation, Sex discrimination--Litigation, Sexual harassment--Litigation, United States. www.questia.com /search/supreme-court-and-civil-rights   (1775 words)

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