General Litigation
| The United States Supreme Court and Judicial Review |
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| The United States Constitution establishes three branches of government--the executive, the legislative, and the judicial. The executive branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws. More... |
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| Grand Juries |
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| A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses. More... |
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| Special Rules of Evidence |
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| The courts, federal and state, have rules of evidence, which determine what evidence will be admitted at civil and criminal trials. Generally, all evidence that is relevant, which means it tends to prove or disprove the factual matter being considered by the court, is admissible. The rules relating to privileges and hearsay, which are covered below, are special rules of evidence that control the admissibility of certain types of evidence. The rules relating to judicial notice and presumptions, which are also discussed below, are exceptions to the general rule that evidence must be introduced as formal proof of a factual matter. More... |
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| Ex Parte Communications |
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| An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision. More... |
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| The Role of the Appellate Court's Legal Staff |
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| The legal staff of an appellate court include the clerks of court, short-term law clerks, career law clerks, and staff attorneys.
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