Small claims courts resolve disputes involving smaller dollar amounts than regular trial courts. For example, small claims courts in Wisconsin decide contract disputes, property damage actions, personal injury suits, evictions, the return of earnest money, and repossessions of property when the amount claimed is $5000 or less.
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.
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.
Impaired driving refers to anything that distracts a driver and interferes with his/her capable performance of the task of driving. Driving can be impaired by drug use, alcohol use, driver fatigue, cell phone use, and anything else that distracts the driver, such as eating food or putting on makeup. The use of computers and navigation devices in cars called telematics can also distract a driver. This article explores driver fatigue, cell phone use, and telematics.
While very dramatic at trial, eyewitness evidence can be unreliable. Numerous scientific studies have been conducted on the accuracy of eyewitness identification. Some social scientists estimate that erroneous eyewitness identification is responsible for a large percentage of wrongful convictions. However, jurors tend to believe that eyewitness testimony is accurate. This article discusses the factors that affect the accuracy of eyewitness identification and what the courts are doing to reduce the number of wrongful convictions.
