| Discretionary Review of a State Court Decision |
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| Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court.More... |
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| Privacy and Public Access to Court Records |
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| Court records include the case file of a lawsuit, records of any hearings, and information the court or clerk court prepares in connection with any judicial proceeding. A court's management information and data (budgets, reports, and statistics) are also considered court records. Since computers make it easy to gather and store information, many courts have developed databases of information. This database is also considered a court record. More... |
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| State Appellate Procedural Process |
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| If a litigant is dissatisfied with the trial court's judgment, the litigant can file an appeal. The party who files the appeal is called the appellant; the other party is called the appellee or respondent. This article discusses the steps in the state appellate procedural process. More... |
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| Independence of the Judiciary |
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| An independent judiciary is a fundamental principle of our democracy. The founding fathers assured the independence of federal judges by giving them tenure for life. The United States Constitution also prevents the reduction of a federal judge's salary while he/she is in office. The founding fathers also specified that federal judges could only be impeached and removed from office for committing treason, bribery, or other high crimes and misdemeanors.
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| Writs of Mandamus |
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| A writ of mandamus is a court order that directs a person (such as a public official) or entity (such as a company or a lower court) to perform a specific act that is related to that person's office. A writ of mandamus is an extraordinary legal remedy, which should only be granted in exceptional circumstances. Where another adequate remedy exists, the courts will generally refuse to issue a writ. More... |
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