Newsletters

Restrictions on Judicial Campaign Speech

Each branch of the armed forces has its own judicial system. Each service (Army, Navy, Marine Corps and Air Force) has a JAG, who is the senior legal officer of that branch of the armed forces. The JAG is charged with administering military justice and with providing legal advice, opinions, and assistance to those who serve in the military.

The Jury in a Civil Lawsuit

There is a constitutional right to a jury trial in certain types of civil cases. The jury in a civil lawsuit usually contains 6 to 12 people.

The Common Law and Judicial Precedent

The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Gag Orders

Trials involving celebrities or particularly gruesome crimes are considered high-profile cases because of the media attention that follows such cases. With so much publicity, it becomes a challenge to guarantee a person's constitutional right to a fair trial.

Special Rules of Evidence

The courts, federal and state, have rules of evidence, which determine what evidence will be admitted at civil and criminal trials. Generally, all evidence that is relevant, which means it tends to prove or disprove the factual matter being considered by the court, is admissible. The rules relating to privileges and hearsay, which are covered below, are special rules of evidence that control the admissibility of certain types of evidence. The rules relating to judicial notice and presumptions, which are also discussed below, are exceptions to the general rule that evidence must be introduced as formal proof of a factual matter.