General Litigation Newsletters

Ex Parte Communications

An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision.

Federal Administrative Law

Federal government agencies are generally established by law or executive order. For example, Congress has passed laws setting up such federal agencies as the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the Office of Homeland Security.

Grand Juries

A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses.

Juvenile Courts

A juvenile court is a specialized civil court dealing with children who are under the age of 18 who are abused, neglected, dependent, delinquent, and status offenders. Some juvenile courts also have the power to require treatment for mentally ill or developmentally disabled children. The goal of the juvenile justice system is to rehabilitate the juvenile. The juvenile court makes use of social service programs. There are important differences between juvenile courts and other civil courts. Juvenile hearings are usually closed to the public so that the juvenile's privacy is protected. A juvenile has no right to request a trial by jury. Juveniles cannot post bail in order to be released from detention. The probation officers involved in the juvenile justice system are court employees. They conduct evaluations and prepare reports to aid the juvenile judges in deciding a case. They also supervise juveniles who are placed on probation and report on the progress of juveniles on probation.

The Jurisdiction of a State Court

Jurisdiction refers to the power of a court to hear and decide a case. The power of a state court to hear a particular case comes from the constitution and laws of that state. For a court's decision to be legally binding, the court must have both subject matter jurisdiction (authority to hear a case involving the type of legal matter at issue, such as a contract or a personal injury) and personal jurisdiction (authority over the parties to the suit).