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State Appellate Court Performance Standards

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.

Statutes of Limitations and Statutes of Repose

Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations.

The United States Supreme Court and Judicial Review

The United States Constitution establishes three branches of government--the executive, the legislative, and the judicial. The executive branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws.

Privacy and Public Access to Court Records

Court records include the case file of a lawsuit, records of any hearings, and information the court or clerk court prepares in connection with any judicial proceeding. A court's management information and data (budgets, reports, and statistics) are also considered court records. Since computers make it easy to gather and store information, many courts have developed databases of information. This database is also considered a court record.

Expert Witnesses in Civil Lawsuits

An expert witness is a witness who has knowledge of a technical subject. Because of his or her education, training or experience, an expert witness's testimony will aid the trier of fact in finding the truth in a lawsuit.