| The Common Law and Judicial Precedent |
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| 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.More... |
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| The United States Supreme Court and Judicial Review |
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| The United States Constitution establishes three branches of government--the executive, the legislative, and the judicial. The executive branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws. More... |
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| Federal Rules of Evidence |
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| In a lawsuit, both the plaintiff (the party suing) and the defendant (the party being sued) introduce evidence during the trial. Evidence refers to something submitted to the court to prove or disprove the truth of a factual matter being weighed by the court.More... |
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| Guidance for a Defendant in Small Claims Court |
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| 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. More... |
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| Service of Process in Foreign Countries |
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| The Federal Rules of Civil Procedure are court rules that govern the procedure to be followed in civil lawsuits that are filed in federal court. The Federal Rules specify how service of process (notice that a lawsuit has been filed) is to be made on the defendant (the person being sued). A court must have personal jurisdiction over a defendant before it can enter a valid judgment against the defendant. There are special rules for service of process on individuals in a foreign country. This article discusses the procedure to be followed in serving an individual in a foreign country.More... |
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