After a lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents.
The framers of the United States Constitution separated the functions of government among three separate branches of government--legislative (the Congress), executive (the President), and the judiciary (the courts). The goal was to provide a system of checks and balances among the three branches so that no one branch could become too strong. Each branch of government has certain powers, and these powers are limited by another branch.
States have enacted Sunshine Laws to ensure governmental integrity and accountability. Sunshine Laws require governmental bodies (commissions, boards, advisory committees, and agencies) to hold open public meetings, deliberations, and votes, unless otherwise provided by law. Sunshine Laws also guarantee public access to the records of governmental bodies, unless provided otherwise by law.
The Federal Rules of Criminal Procedure were adopted in 1946. They govern the practice and procedure in all criminal proceedings in the federal court system. The goal of the rules is to assure the just determination of all criminal proceedings. The rules specify that they are to be interpreted to afford simplicity in procedure and fairness in administration. The rules are intended to prevent unnecessary delay and expense.
The jury serves a vital function in the American legal system. The jury is the trier of fact in a civil jury trial. The jury's role is to weigh the evidence presented by both sides and reach a verdict. The United States Constitution guarantees a right to trial by jury in civil and criminal cases. The jury must be fair or impartial. The jury pool, the group of individuals from which a particular jury is selected, has to be representative of the community. Voir dire is the process of interviewing potential jurors to determine who will sit on the jury. The purpose of voir dire is to identify and remove individuals who cannot be fair and impartial. It is becoming more and more common for attorneys to hire jury consultants to assist in the selection of jurors, especially for high-profile cases.
Ski and Recreation Law
