| The Common Law and Judicial Precedent |
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| The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions. More... |
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| Housing Courts |
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| Housing courts are specialized courts that handle landlord-tenant cases. The New York City Housing Court handles only residential landlord-tenant cases; another court division handles commercial landlord-tenant cases. Housing courts in Minnesota handle civil and criminal cases related to residential rental housing. The Boston Housing Court handles landlord-tenant disputes, evictions, and housing code violations. This article covers the most common types of cases filed in housing court. More... |
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| Standards for Admitting Expert Testimony |
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| In 1993, the United States Supreme Court established standards for admitting expert testimony when it decided Daubert v. Merrill Dow Pharmaceuticals. The Court held that for scientific evidence to be reliable, it has to be based on scientific validity. To be admissible at trial, a scientific theory has to have been tested and subjected to peer review and publication. The rate of error has to be shown, and there must be standards controlling any research on the theory. Finally, the theory has to be generally accepted in the scientific community. More... |
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| Juvenile Courts |
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| A juvenile court is a specialized civil court dealing with children who are under the age of 18 who are abused, neglected, dependent, delinquent, and status offenders. Some juvenile courts also have the power to require treatment for mentally ill or developmentally disabled children. The goal of the juvenile justice system is to rehabilitate the juvenile. The juvenile court makes use of social service programs. There are important differences between juvenile courts and other civil courts. Juvenile hearings are usually closed to the public so that the juvenile's privacy is protected. A juvenile has no right to request a trial by jury. Juveniles cannot post bail in order to be released from detention. The probation officers involved in the juvenile justice system are court employees. They conduct evaluations and prepare reports to aid the juvenile judges in deciding a case. They also supervise juveniles who are placed on probation and report on the progress of juveniles on probation. More... |
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| Federal Rules of Civil Procedure |
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| The U.S. Congress passed a law authorizing the federal judiciary to adopt rules of practice and procedure for federal court proceedings. Congress also created a body called the Judicial Conference of the United States to administer the federal courts. The Supreme Court of the United States can prescribe federal procedural rules, and the Judicial Conference has authority to recommend changes to the rules. Any rules adopted by the Supreme Court are subject to congressional review. More... |
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