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.

Impeachment and Recall of State Judges

All states have some procedure for removing state judges who are found to have engaged in serious misconduct. Such procedures are set out in the state's constitution or laws. This article discusses the removal of state judges by impeachment and by recall elections.

Federal Rules of Bankruptcy Procedure

A person or company unable to pay debts may declare bankruptcy. Bankruptcy is a legal process in which the financial affairs of the debtor (a person or a company) are placed in the hands of the bankruptcy court. The process is intended to protect the creditors of the debtor and assure their equal treatment.

Expedited State Appellate Procedures

Most state appellate courts experience gridlock in processing appeals. The courts are having difficulty keeping pace with the increasing volume of appealed cases. As a result, there are significant delays in finalizing an appeal. In some cases, it can take more than two years between entry of the final judgment in the trial court and a final decision in the appellate court. The courts have been pursuing efficiency promoting methods. This article discusses procedures that are being adopted by state appellate courts to reduce the backlog of cases and speed up the appeal process.

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.