wex articles

judicial administration: an overview

Judicial administration consists of the practices, procedures and offices that deal with the management of the system of the courts. Judicial administration, or administration of the courts, has traditionally been concerned with overseeing budgets, selecting juror pools, assigning judges to cases, creating court calendars of activities, and supervising non-judicial personnel. Court administrators, or clerks of the court, accept the filing of court documents, maintain a file system of cases and a record of all final judgments, and process paperwork generated by judges. Court administrators are also responsible for eliminating racial and gender bias in the courts, ensuring diversity in the court system, and providing easier access to the courts for persons representing themselves without an attorney (pro se or pro per litigants). Presently, the leading issue in court administration is certification of court interpreters for testimony given in languages other then English. Offices of professional responsibility, which administer and investigate ethical complaints against lawyers, are also part of the system of judicial administration. Many states require that lawyers take continuing legal education courses so as maintain professional competence. Appropriate offices have been created in state court administrations for accrediting continuing legal education programs and monitoring compliance by lawyers.

Definition

The legal union of a couple as spouses.  The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law.

See also Common-law marriage.

Overview

In the English common law tradition from which our legal doctrines and concepts have developed, a marriage was a contract based upon a voluntary private agreement by a man and a woman to become husband and wife. Marriage was viewed as the basis of the family unit and vital to the preservation of morals and civilization. Traditionally, the husband had a duty to provide a safe house, pay for necessities such as food and clothing, and live in the house. The wife's obligations were maintaining a home, living in the home, having sexual relations with her husband, and rearing the couple's children. Today, the underlying concept that marriage is a legal contract still remains, but due to changes in society the legal obligations are not the same.

judicial ethics: an overview

Judicial ethics is part of the larger legal category of legal ethics (See LII's American Legal Ethics Library). Judicial ethics consists of the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety.

media law: an overview

Freedom of the press is a fundamental liberty guaranteed by the First Amendment of the Constitution. As such, courts and legislative bodies have been hesitant to impinge on that freedom. In fact, there are numerous state and federal statutes that seek to ensure the full extent of the guarantee of the First Amendment, such as the Freedom of Information Act and the Privacy Act.

juvenile justice: an overview

Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment.

mental health law: an overview

Mental health and the law interact in numerous ways. The term "competence" signifies a legal conclusion that an individual is capable of entering into a binding contract, transferring assets, or participating in a legal proceeding. The provision of mental health services is regulated and, to some extent, publicly supported.

See also legal ethics.

ethics: an overview

The word "ethics" is derived from the Greek word ethos (character), and from the Latin word mores (customs). Together, they combine to define how individuals choose to interact with one another. In philosophy, ethics defines what is good for the individual and for society and establishes the nature of duties that people owe themselves and one another.

Though law often embodies ethical principals, law and ethics are far from co-extensive. Many acts that would be widely condemned as unethical are not prohibited by law -- lying or betraying the confidence of a friend, for example. And the contrary is true as well. In much that the law does it is not simply codifying ethical norms.

right of privacy: access to personal information

The right of privacy has evolved to protect the ability of individuals to determine what sort of information about themselves is collected, and how that information is used. Most commercial websites utilize "cookies," as well as forms, to collect information from visitors such as name, address, email, demographic info, social security number, IP address, and financial information. In many cases, this information is then provided to third parties for marketing purposes. Other entities, such as the federal government and financial institutions, also collect personal information. The threats of fraud and identity theft created by this flow of personal information have been an impetus for right of privacy legislation requiring disclosure of information collection practices, opt-out opportunities, as well as internal protections of collected information. However, such requirements have yet to reach all segments of the marketplace.

gambling law: an overview

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

military law: an overview

The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles. Thus, the main source of legal authority in this area is federal law. Congress's control over formation, organization and government of the national armies is plenary and exclusive.