SECRET LEGAL WISDOM

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 Secrets to Winning Your Case in Court                          
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Order Of Proceedings:   

What To Expect In Court

 

 

“The court should be a place where anybody can come – whatever they have in their pocket – and be able to file a complaint in simple fashion and at least have somebody 

give consideration to it and give them an opportunity to be heard.” 

---  Thomas T. Curtin,  Judge, U.S. District Court 

 

“It is not good to have zeal without knowledge, nor to be hasty and miss the way.” 

---  Proverbs, 19:2 

 

This chapter will equip you to: 

 

·                  Understand the judicial branch of government 

·                  Learn what different legal terminology really means 

·                  Learn the proper way to proceed – there is an A to Z framework to follow 

 

Introduction

 

This chapter is a quick flyover summary of the legal landscape and will acquaint you with our judicial system. Many of the elements touched on in this section will be revisited in subsequent chapters in more detail, while others are included to help give you a better hands-on grasp of the law and your place in it. 

Types Of Law

 

There are four main elements that together comprise the rule of law and governance in our legal system: Constitutions, statutes, precedent or case law and rules or regulations. These elements are constantly evolving as the legislative, executive and judicial branches weigh in and add, change or take away the body of understanding that we know as the law. It is this change and mutual interdependence that constitutes the system of checks and balances the founding framers envisioned.

 

In the years following the end of the bloody American Revolution delegates from the 13 states assembled in Philadelphia to create a new framework of governing to keep the nascent union from sliding into rival factions and advance upon the hard won victories of the war. The Constitution of the United States, ratified in 1787, defined the structural components of our system of government and justice, assigning power to three separate but equal branches and establishing the limits of those powers. Coming from a tradition of tyranny, the founders sought to ensure that no one branch could ever concentrate such power that it could come to dominate the other branches. Instead, they established a dynamic tension that requires mutual dependence on the one hand, while permitting each branch certain oversight provisions affecting the other two.

 

Additionally, the states have constitutions reserving powers to their governments or permitting them to delegate some powers to the cities, counties, townships and municipalities under them. These are powers not expressly enumerated to the federal government by the United States Constitution.

 

Statutes and laws are those rules enacted by Congress or the state legislature, and signed into law by the executive branch. These are then interpreted and applied by the judiciary, which is also tasked with determining whether statutes are properly within the constitutional framework of rights and legal constraints.

 

Decisions and precedents form the body of case law by which the judiciary interprets and applies the laws the legislature has passed. Courts in similar jurisdictions are bound to follow these precedents to ensure consistency under the law, which gives these decisions or opinions the rule of law in themselves.

 

The profound impact of this process is often overlooked and underestimated. Indeed, as author Robert Shachner writes, “this process of interpreting statutes and reviewing previous decisions, more than any other action by any branch of government, is responsible for the evolution of our [system of] laws and statutes.” [1] 

 

Over time, as these judicial reviews stretch and test the boundaries of these statutes with each new opinion, these precedents build into a volumes of case law and become pathways of understanding for others searching for definitive answers to legal issues.

 

Regulations and rules are the means by which federal and state agencies carry out the mandates imposed on them by the legislature. For example, if Congress was to pass a law requiring the EPA to reduce the amount of trace arsenic in drinking water by two-thirds over the next ten years, the EPA might publish a new set of regulations requiring townships to overhaul their drinking water filtration systems until the offending compound is reduced to the statutory limits. These rules are subject to the same oversight by the courts that statutes must endure and must often also undergo public scrutiny and comment before they can be published.

 

Additionally, the courts promulgate their own rules and procedures effectively governing the access to and conduct of the local justice systems under their authority. “Although many states use the Federal Rules of Civil Procedure as guidelines for their own procedural rules,” [2] each state is unique, Schachner writes. It is wise for the pro se litigant to spend time becoming familiar with the procedural differences in his or her locality, as the outcome of a given action can and often does, hinge on obscure differences from one jurisdiction to another.
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