Whether we are talking about the law of contract, the law of evidence, the law of civil procedure or the law of criminal procedure, it is clear that law is one of the most important tools we have at our disposal. It shapes economics, politics, and history. It also helps to determine the rights of individuals.
The law of contracts is the legal system of agreements between two or more people. It deals with matters such as divorce, marriage, child custody, and rights to property. It also covers issues such as business, tax, and consumer law.
The law of evidence involves admissible materials in court, including testimony. It is also important to remember that evidence can be both direct and circumstantial. It may include photographs, physical evidence, and documents. The use of hearsay is often admissible in the preliminary hearing, but it is not admissible at trial.
A court’s record is also called a docket. It is a log of the court’s proceedings, with brief entries about each case. The clerk of the court maintains the record and is responsible for managing the flow of cases.
A lawsuit is a formal complaint made by a plaintiff against a defendant. The complaint states the wrongs allegedly committed by the defendant. The defendant is then asked to plead guilty or not guilty. The judge decides if there is enough evidence to bring the defendant to trial. The decision can be challenged.
The legal profession is a key part of the people’s access to justice. Lawyers are employed by a government or private party. They may represent the defendant in court or act as counsel for the government. Public defenders represent individuals who cannot afford attorneys. Generally, a person who sues without paying the fees of a private attorney is considered a pro se litigant.
An indictment is a formal charge issued by a grand jury. It is usually a felony charge. The court decides if the person accused of a felony is guilty or not guilty. The defendant may then be sent to jail for a period of time.
An appeal is a request for a higher court to review a lower court’s judgment. An appeal may be filed for a variety of reasons, such as improper procedure or a change in interpretation of the law. Appeals are usually made to the court of appeals, which usually sits in panels of three judges. A case can be heard en banc, meaning that all of the members of the court are present.
An indictment is a very formal charge, stating that a defendant has committed a crime. This is the first step in a court case. The prosecutor then tries the case on the government’s behalf.
A temporary restraining order is a ruling that prohibits an action from happening, such as a violation of the law, for a period of time. It is typically granted without notice and may not last for as long as a trial.