courts and procedure

Sentencing

sentencing: an overview

A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.

Statutory Construction

Definition

The process of determining what a particular statute means so that a court may apply it accurately.

Overview

Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. To discover a statute's original intent, courts first look to the words of the statute and apply their usual and ordinary meanings.

 

Trial practice

trial practice: an overview

Only a small percentage of legal disputes are litigated in a court. When litigation does occur, several areas govern the lawyers' conduct of the trial or trial practice:

menu of sources

Federal Material

Federal Judicial Decisions

State Material

State Judicial Decisions

Other References

Useful Offnet (or Subscription - $) Sources

other topics

Category: Courts and Procedure

Court rules

court rules: an overview

Appellate Procedure

appellate procedure: an overview

menu of sources

Federal Material

US Constitution

Federal Court Rules

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

other topics

Category: Courts and Procedure

Habeas corpus

Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid.  A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Pages

Subscribe to RSS - courts and procedure