| Judicial Immunity |
| |
| As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.More... |
| |
| Service of Process -- Notice of a Lawsuit |
| |
| A lawsuit begins when a plaintiff (the party suing) files a complaint with the clerk of courts. The defendant (the person or company being sued) is given notice that a lawsuit has been filed and is "summoned" to appear before the court. Service of process means that the defendant is given notice of the lawsuit and a copy of the complaint that was filed. More... |
| |
| Innovations in Jury Trials |
| |
| States have implemented various innovative procedures to assist jurors during trials. The changes are aimed at improving juror understanding of the evidence and the court proceedings. Jurors are permitted to take notes during the trial in some courts. Trial judges in some courts have discretion to give jurors copies of preliminary jury instructions when the trial starts. In some courts, jurors can submit questions for witnesses. They can even discuss the case among themselves before jury deliberations begin.More... |
| |
| Eyewitness Identification Evidence |
| |
| 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. More... |
| |
| Influences Affecting Judicial Decision-Making |
| |
| The independence of the judiciary is a central principle of a democracy. Judicial independence permits judges to make rulings based on legal principles instead of politics or public opinion. An independent court system allows fair and impartial decisions in legal cases. Political scientists have conducted research and studies to identify what factors influence a judge's decision-making.More... |
| |
