| 法律英语：Understanding the U.S. Federal Courts （3） |
| 作者：佚名 文章来源：不详 点击数： 更新时间：2007-2-26 12:49:08 |
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their work, establish budget priorities, make sound business decisions, hire staff, and make purchases, consistent with Judicial Conference policies.
Commonly Asked Questions About the Federal Judiciary Process:
How do I file a civil case? Is there a charge?
A civil action is begun by the filing of a complaint. Parties beginning a civil action in a district court are required to pay a filing fee set by statute. The current fee is $150. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fees are waived.
How do I file a criminal case?
Individuals may not file criminal charges in federal courts. A criminal proceeding is initiated by the government, usually through the U.S. attorney's office in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or other appropriate law enforcement agency.
How do I file for bankruptcy protection? Is there a charge?
A bankruptcy case is begun by the filing of a petition. The required forms are available from the bankruptcy court clerk's office or at many stationery stores. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which the case is filed. Chapter 7, the most common type filed by individuals, involves an almost complete liquidation of the assets of the debtor, as well as a discharge of most debts. There is a fee of $175 to file a case under Chapter 7.
How can I find a lawyer?
Local bar associations usually offer lawyer referral services, often without charge. The clerk's office in each district court usually is able to help find a referral service. But personnel in the clerk's office and other federal court employees are prohibited from providing legal advice to individual litigants.
Defendants in criminal proceedings have a right to a lawyer, and they are entitled to have counsel appointed at government expense if they are financially unable to obtain adequate representation by private counsel. The Criminal Justice Act requires a court determination that a person is financially eligible for court-appointed counsel. Defendants may be required to pay some of these costs.
There is no general right to free legal assistance in civil proceedings. Some litigants obtain free or low-cost representation through local bar association referrals, or through legal services organizations. Litigants in civil cases may also proceed pro se; that is, they may represent themselves without the assistance of a lawyer.
How are judges assigned to a particular court?
Each federal judge is commissioned to a specific court. Judges have no authority to hear cases in other courts unless they are formally designated to do so. Because of heavy caseloads in certain districts, judges from other courts are often asked to hear cases in these districts.
How are judges assigned to specific cases?
Judge assignment methods vary, but the basic considerations in making assignments are to assure an equitable distribution of caseload among judges and to avoid "judge shopping." The majority of courts use some variation of a random drawing under which each judge in a court receives roughly an equal caseload.
What is a U.S. Magistrate Judge?
Magistrate judges are appointed by the district court to serve for eight-year terms. Their duties fall into four general categories: conducting most of the initial proceedings in criminal cases (including search and arrest warrants, detention hearings, probable cause hearings, and appointment of attorneys); trial of certain criminal misdemeanor cases; trial of civil cases with the consent of the parties; and conducting a wide variety of other proceedings referred to them by district judges (including deciding motions, reviewing petitions filed by prisoners, and conducting pretrial and settlement conferen上一页 [1] [2] [3] [4] 下一页
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