| Indian Tribal Courts |
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| Congress has plenary or complete authority over Indian affairs. This means that Congress has unlimited discretion to regulate affairs on an Indian reservation. Under federal law, Indian nations are quasi-sovereign; that is, they have power in some areas but not in others. For example, Indian nations can operate tribal governments and manage their own property and resources. However, they cannot conduct foreign relations or prosecute non-Indians who commit crimes on reservations. Indian nations have adopted tribal codes, which usually combine traditional law with state law and federal law. More... |
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| Using Mediation in Workers' Compensation Appeals |
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| Mediation is a method of alternative dispute resolution. A mediator (neutral third party) helps the litigants resolve their dispute in an informal process. The mediator facilitates negotiations and helps the litigants identify issues, problem solve, and explore settlement possibilities. The mediator has no authority to make a decision about the case. Mediation is increasingly being used to resolve appeals in workers' compensation cases. More... |
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| State Appellate Court Performance Standards |
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| The appellate court system's role is to review the decisions of trial courts and administrative agencies. Most states have a two-tier appellate court system that consists of an intermediate appellate court (usually called the court of appeals) and a court of last resort (usually called the supreme court). The trial court or administrative decision is first appealed to the intermediate appellate court. A further appeal is then available to the court of last resort. The Appellate Court Performance Standards Commission was set up to recommend performance standards for state appellate courts. More... |
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| Innovations in Jury Trials |
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| 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... |
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| Judgments by Confession and Judgments by Warrant of Attorney |
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| A confession of judgment means the entry of a judgment on the confession (admission) of the defendant, usually a debtor. The defendant admits his or her liability for the debt. Judgments by confession are void as against public policy in some states, while other states permit judgments by confession. A warrant of attorney is a written document that gives an attorney the power to confess judgment against the defendant on a debt. More... |
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