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NCJ Number: 68900 Find in a Library
Title: LAW AND THE COURTS - A LAYMAN'S HANDBOOK OF COURT PROCEDURES, WITH A GLOSSSARY OF LEGAL TERMINOLOGY
Corporate Author: American Bar Assoc
Standing Cmtte on Assoc Communications
United States of America
Date Published: 1980
Page Count: 36
Sponsoring Agency: American Bar Assoc
Chicago, IL 60637
Type: Report (Study/Research)
Format: Document
Language: English
Country: United States of America
Annotation: THIS BOOKLET, A REFERENCE SOURCE FOR NON-LAWYERS, IS DESIGNED FOR THE INFORMATION AND GUIDANCE OF NEWS REPORTERS, EDITORS, TEACHERS, AND JOURNALISM STUDENTS.
Abstract: IT TRACES, CHRONOLOGICALLY, THE STEPS NORMALLY INVOLVED IN BOTH CIVIL AND CRIMINAL CASES. A MAJORITY OF THE STATES HAVE ADOPTED THE FEDERAL RULES OF CIVIL PROCEDURE AND THE FEDERAL RULES OF CRIMINAL PROCEDURE, WHICH PROVIDE SIMPLIFIED PROCEDURES FOR FRAMING THE ISSUES TO BE TRIED. THE FEDERAL RULES OF CIVIL PROCEDURE LIMIT THE PLEADINGS TO A COMPLAINT, AN ANSWER AND A REPLY. THE FEDERAL RULES OF CRIMINAL PROCEDURE DID AWAY WITH MANY OF THE TECHNICAL REQUIREMENTS OF THE COMMON LAW AND SUBSTITUTED METHODS, WHICH, IN MANY INSTANCES, PARALLEL THE FEDERAL RULES OF CIVIL PROCEDURE. A CRIME IS CHARGED BY AN INDICTMENT OR, IN LIMITED INSTANCES, BY A COMPLAINT OR AN INFORMATION. THE DEFENDANT IS PERMITTED TO PLEAD GUILTY, NOT GUILTY, OR, WITH THE PERMISSION OF THE COURT, NOLO CONTENDERE. DISCOVERY PROCEDURE UNDER BOTH THE FEDERAL RULES OF CIVIL AND CRIMINAL PROCEDURE ENABLE THE LITIGANTS TO OBTAIN EVIDENCE RELATING TO FACTS IN THE CASE SO THAT THE FACTS ARE KNOWN AND THE TRIAL DOES NOT BECOME 'TRIAL BY AMBUSH.' THE PROSECUTION IN A CRIMINAL CASE IS, HOWEVER, LIMITED IN ITS ABILITY TO OBTAIN DISCOVERY BY THE CONSTITUTIONAL LIMITATION AGAINST SELF-INCRIMINATION SET FORTH IN THE FIFTH AMENDMENT. IN ADOPTING THE FEDERAL RULES, THE STATES HAVE ENABLED LAWYERS TO FOLLOW THE SAME PROCEDURES IN BOTH THE STATE AND FEDERAL COURT SYSTEMS. INCLUDED IN THE APPENDIX IS A GLOSSARY OF THE MOST FREQUENTLY USED LEGAL TERMS, AS WELL AS DIAGRAMMATIC CHARTS OF THE FEDERAL AND STATE JUDICIAL SYSTEMS. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Civil proceedings; Courtroom decorum; Procedure manuals; Studies; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68900

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