NCJ Number
44053
Date Published
1977
Length
28 pages
Annotation
THE COURT SYSTEM AND ADJUDICATION PROCESS IN THE UNITED STATES ARE OUTLINED, AND JUDICIAL REFORM PROBLEMS ARE IDENTIFIED AND DISCUSSED.
Abstract
THE JUDICIARY IS THE BRANCH OF GOVERNMENT WHICH ADJUDICATES LEGAL ISSUES AND ADMINISTERS JUSTICE; IT IS THE COURT SYSTEM FOUND AT ALL LEVELS OF GOVERNMENT -LOCAL, STATE, NATIONAL, AND INTERNATIONAL. COMMON CLASSIFICATIONS OF COURTS INCLUDE COURTS OF RECORD AND NOT OF RECORD, COURTS OF SUPERIOR JURISDICTION AND INFERIOR JURISDICTION, TRIAL AND APPELLATE COURTS, AND CIVIL AND CRIMINAL COURTS. TRIAL COURTS, WHICH CAN BE EITHER COURTS OF RECORD OR COURTS NOT OF RECORD, ARE RESPONSIBLE FOR DETERMINING THE FACTS IN A LEGAL DISPUTE. THE TRIAL COURT PROCESS IS THE MOST IMPORTANT STAGE IN THE ADMINISTRATION OF JUSTICE. THE VAST MAJORITY OF CASES END AT THIS STAGE WITH NO APPEAL. THERE ARE TWO BASIC VARIETIES OF APPELLATE REVIEW: TRIAL DE NEVO, A RETRIAL OF A CASE TRIED IN AN INFERIOR COURT THAT WAS NOT COMPELLED TO KEEP RECORDS; AND APPEAL ON THE RECORD OF THE TRIAL COURT. THE UNITED STATES HAS A DUAL SYSTEM OF COURTS CONSISTING OF THE FEDERAL SYSTEM (CONSTITUTIONAL AND LEGISLATIVE COURTS) AND STATE SYSTEMS. PROBLEMS EXIST IN THE AREAS OF BAIL REFORM, LEGAL COUNSEL FOR THE POOR, DELAY IN CIVIL AND CRIMINAL CASES, MASS MEDIA REPORTING ON PENDING CASES, JUDICIAL SELECTION, THE JURY SYSTEM, AND JUDICIAL