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Litigation Newsletters

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.

Judicial Precedent

The doctrine of stare decisis (which means "stand by what has been decided") is the legal principle underlying judicial precedent. When a court lays down a principle of law as applying to a particular set of facts, the court will apply that principle to all future cases where the facts are substantially similar. Under stare decisis, a judicial decision made in one case is binding on all later cases with similar facts.

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.

Overview of Administrative Law

Administrative law is the body of law that is created by the rules, regulations, and decisions of federal, state, and municipal administrative agencies.

Judges' Membership in Discriminatory Organizations

Every state has a code of judicial conduct that sets ethical guidelines for judges. All states have judicial conduct commissions with the power to investigate, prosecute, and decide cases of judicial misconduct. There is also a code of conduct for federal judges. The code of judicial conduct requires a judge to avoid not only impropriety but also the appearance of impropriety. The code of judicial conduct also covers judicial integrity, independence, diligence and impartiality. Membership in discriminatory organizations is currently a controversial topic.