State court

“The remaining states lack legislative protection against SLAPPs, and the state laws cannot be invoked against federal claims in federal court” (Smart Consumer). The U.S. Court of Appeals states that the state anti-SLAPP law does not apply in federal court. The state laws vary dramatically from state to state. California, for example, has very wide protection against SLAPPs, while others have narrow laws. Florida…

text states is a “fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary or capricious” (Neubauer & Fradella, 2014, p. 38). A plea bargain, “a process through which a defendant is pleads guilty to a criminal charge with the expectation of receiving some consideration from the state”…

The Different Litigation Processes What is Litigation? Litigation is an action or a lawsuit brought in court to enforce a particular right. It involves a series of steps that may lead to a trial and usually a resolution of the dispute. The two different types of lawsuits are civil and criminal. Although these courses of action seek to come to a resolution, there are many different steps or proceedings involved to get there. Civil litigations seek reimbursements of monetary damages or equitable…

Corruption in the court system is a real problem. People are prosecuted with little to no help from public lawyers, testimonies are made up and believed, and jurors are lazy and just want to get home. These are all things Reginald Rose is trying to show up in her script 12 Angry Men. She is informing us of the corruption in the court system and all it takes is one person to stand up and it all can change. There is little to no justice because people only think of themselves. People…

In court the defendant starts out as innocent and stays innocent until the prosecutor presents enough evidence that overcomes his innocence without a reasonable doubt that they are guilty. So this means it’s up to the government to prove that he or she is guilty…

A. ARGUMENT I. THE TRIAL COURT ERRED IN EXCLUDING LT. CHEONG’S TESTIMONY REGARDING PERTINENT TRAIT OF CHARACTER OF MR. ASBURY, WHICH WITHIN REASONABLE PROBABILITY AFFECTED THE OUTCOME. The trial court’s decision on excluding evidence is reviewed under an abuse of discretion standard. (Callihan). A court abuses its discretion where its decision is based on untenable ground or for untenable reasons. The trial court erred by excluding testimony regarding Mr. Asbury’s reputation for lack of…

There are many controversial issues in the United States criminal justice system. In recent years, the contentious issue of ethnic discrimination has been in the forefront of several trials. There are some individuals who believe that jury nullification should be used by minorities on juries to acquit defendants of color. Jury nullification is defined as a process where a jury acquits a defendant, even though the members of the jury believe the defendant is guilty of the charges. The concept is…

health, and family court. Drug courts are judicially supervised court dockets that handle cases of non-violent substance-abusing offenders under the adult, juvenile, family and tribal justice systems. Domestic violence courts generally coordinate with community partners that provide services for victims of domestic abuse. Mental health court means a judicial program that provides a specialized docket for defendants with mental illnesses. Mental health court makes decision about the state of…

United Nations, courts and the many parliaments of Australia. The protection of children 's rights is a topic covered by multiple separate entities that all focus on the fair treatment of youth in the legal system. The parliament 's legislation about children 's rights is governed by the conventions released by the United Nations this then governing court decision and how they can administer justice in accordance with legislation and precedent of Acts related to children 's court. The…

succo / Pixabay The American legal system has long depended upon the lowly juror to effectuate justice within its system. The juror is the fact-finder in most civil criminal matters in a court of law in the United States. The juror decides which set of presented facts represents the best truth, and how to mete out justice based on those findings. And although we do not think about it often, as a fact-finder, the juror is pivotal in protecting society from abuse by corporate and governmental…