United States Court of Appeals for the Armed Forces

The U.S. Court of Appeals for the Armed Forces hears appeals from the military courts (courts martial) of the army, navy, air force and coast guard. The Court was originally created in 1951 as the United States Court of Military Justice. The name was changed in 1994. Legal Materials […]

Probation

Probation in the United States A criminal sentence that allows a person to return to the community under supervised release. Probation is an alternative to imprisonment and is applied to almost two-thirds of sentenced offenders in the United States. Control is maintained over the offender by […]

Courts

Courts in the United States Courts in the United States Introduction to Courts Courts in the United States, government institutions that resolve legal disputes by trial and that hear appeals from such cases. The United States has a federal system of government in which power is divided […]

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) in the United States Definition of Alternative Dispute Resolution (ADR) Settlement of civil disputes by means other than trial. The move to alternative dispute resolution (ADR) was prompted by a number of factors, but largely the time, expense, and […]

Verdict

Verdict in the United States A finding by a jury on a fact question formally submitted to it for deliberation. The verdict is reported to the court and announced. Either party is entitled to request that the jury be polled. This requires that each juror disclose in open court his or her vote. […]

Procedure

Procedure in United States Procedure Definition

The rule of pleading and practice by which, rights are enforced. It is generally considered as not including the law of evidence.

Procedure in Foreign Legal Encyclopedias

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Procedure, Procedure […]

Courts Of Appeals

Courts of Appeals in the United States Courts of Appeals, formerly Circuit Courts of Appeals, in the federal judiciary system of the United States, courts created by Congress in 1891 to relieve the Supreme Court of its great burden of work and thus to give speedier justice to litigants. […]

Arbitration

Arbitration in the United States History The common law and statute law of the United States as to arbitration bear a general resemblance to the law of England. Voluntary submissions All controversies of a civil nature, and any question of personal injury on which a suit for damages will […]

Court of International Trade

Court of International Trade in the United States Court Of International Trade Definition A court established by Congress under Article III of the Constitution to hear cases involving U.S. international trade law, including questions concerning tariffs, dumping, countervailing duties, and […]

Equity

Equity in the United States Decisions based on a judge's sense of fairness rather than strict common law standards. The equity model permits judges to issue remedies in civil cases based on equitable principles that are outside or that supplement common law. Some of the flexibility of equity […]

Grand Jury

Grand Jury in the United States An investigative body that makes accusations rather than determines guilt. The grand jury evaluates information generated on its own or brought to it by a prosecutor. If the grand jury determines that probable cause exists, it returns an indictment against an […]

Judges

Judges in the United States The methods used for judicial selection vary more widely. Executive appointment is used for all federal judges with the advice and consent of the Senate. The federal judicial selection process involves more participants than the constitutional provisions might […]

Discovery

Discovery in the United States A procedure used before civil trials that allows one party to obtain information about a case from the opposing party. Discovery assists litigants in civil suits prepare for trial. Evidence is basically gathered in three ways during discovery. The first is by […]

Appeal

Appeal in the United States A request to an appellate or superior court to review a final judgment made in a lower court. Appellate jurisdiction is the power conferred upon appeals courts to conduct such a review. It empowers the court to set aside or modify the lower court decision. An […]

Mandamus

Mandamus in the United States An extraordinary writ issued by a court under its equity jurisdiction to require anyone, but most often a public official, to perform a specified official act. Mandamus is an affirmative command calling for an action to occur. When a mandamus is issued against a […]

Notice

Notice in United States Notice Definition

Information, whether actual or presumptive, and whether direct or indirect, respecting a matter of fact. Notice is either (1) actual, consisting of information actually received, or (2) constructive, consisting of facts which, by implication of […]

Tort

Tort in the United States Introduction A private or civil injury to a person or property. An injured party may bring suit, but tort actions do not represent a major portion of civil case filings. Rather, such claims are typically resolved prior to the filing of a lawsuit. The potential for […]

Bail

Bail in United States Bail Definition (Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as […]