State Appellate Courts

Most states have an intermediate level appellate court, which is generally called the court of appeals. State courts of appeals have a panel of judges who review the trial court's decision. The number of judges on the panel varies. The court of appeals determines whether the trial judge followed proper procedure and correctly interpreted and applied the law to the facts of the case.

Diversity in the Courts

While great strides have been made in reducing racial and ethnic discrimination in all areas of society, the problem is not completely gone. It is essential to public confidence in the courts to assure a racial and ethnic neutral court system. Starting in 1988, task forces were implemented in many states to address racial and ethnic discrimination issues in the courts.

The Common Law and Judicial Precedent

The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Guardianship

A guardian is a person appointed by the court to act on behalf of a person who is considered legally incompetent. A person is presumed to be competent. However, someone can file a petition for guardianship with the court detailing why the person needs a guardian. If the court finds that the person is incapable of making health, personal, or financial decisions due to illness or disability, the court will appoint a guardian. The incompetent person is called a ward.

Unbundled Legal Services

In October 2000, a national conference was held on unbundled legal services. A website, www.unbundledlaw.org, was created by the Maryland Legal Assistance Network as a result of the conference. Unbundled legal services, also called limited scope legal assistance, provide a new model for legal representation for low and moderate income individuals. A client (usually a pro se or self-representing client) hires an attorney to perform a specific task or tasks for the client. The client represents himself/herself in all other aspects of the case.