The legal system and ADP Essay

When there is a difference between two or more parties and a case is filed it so enters the judicial proceeding procedure. Litigation is the procedure of conveying. and supporting a case ( Chessman. 2013 ) . This procedure can be really dearly-won and usually takes a batch of clip. Litigation has a set of regulations that must be followed throughout the procedure and usually a attorney is involved. Though a attorney is non required through the procedure ; it is extremely recommended that one be retained to assist steer things.

The province of Georgia has different degrees within the tribunal system that oversee judicial proceedings and tests. Those degrees are the Magistrate. Probate. Juvenile. and State. Municipal. and Superior tribunals. The concluding tribunal system is the supreme tribunals. The Magistrate tribunals take attention of instances minor and have claims that entire less than $ 15. 000 sum. No jury tests are held at this degree and lawyers are non utilised frequently because the parties normally fight their instance. Most probate tribunals do non hear misdemeanours. or handle traffic misdemeanors. In counties where there is no province tribunals. probate tribunals will manage some of those issues. These tribunal systems largely handle the issue of matrimony licence every bit good as licences to transport fire weaponries. Original legal power in the probate of volitions and disposal of decedents’ estates is designated to the probate tribunal of each county ( Council. 2013 ) . Probate Judgess can authorise nonvoluntary hospitalization of helpless grownups. Juvenile tribunals handle instances affecting persons under the age of 18. That includes all traffic misdemeanors committed.

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If a juvenile wants to come in the armed forces before his or her eighteenth birthday or acquire married. they will besides look in forepart of a justice in a probate tribunal. Juvenile tribunals have coincident legal power with superior tribunals in kid detention and child support affairs originating from divorces instances. and in proceedings to end parental rights ( Council. 2013 ) . State tribunals hear misdemeanours within the county they reside. They handle traffic misdemeanors. issue hunt warrants every bit good as arrest warrants. State tribunals exercising limited legal power within one county ( Council. 2013 ) . Cities and towns in Georgia set up municipal tribunals to manage traffic discourtesies. local regulation misdemeanors. manage preliminary hearings. issue warrants. and hear misdemeanour shrinkage and ownership of marihuana instances ( Council. 2013 ) . Superior tribunals reside over all felony tests. This tribunal system can besides rectify errors that took topographic point within one of the lower tribunals. The superior tribunal exercises both civil and condemnable legal power ( Council. 2013 ) . These tribunals besides have sole legal power over divorces.

There are 40 nine superior tribunals in Georgia. The Supreme Court system is the highest tribunal in Georgia. They review determinations made in civil and condemnable instances by a test tribunal justice or by the Court of Appeals. They besides regulations on inquiries affecting the constitutionality of province legislative acts and all condemnable instances affecting a sentence of decease. No tests are held at the appellant degree. nor do the parties appear before the tribunal ( Council. 2013 ) . When a judicial proceeding is started it can be really dearly-won and clip consuming for both parties. Alternative difference declarations are designed to maintain affairs out of the tribunal system which will cut clip. costs. and in some cases exasperation. The most common ADR is arbitration. In arbitration. the parties choose a non-bias 3rd party to hear and make up one’s mind in differences. Witnesss can be called to assist the parties with their instances while the arbiter is at that place to ease. The regulations that are used in the federal tribunal system is usually used during the arbitration procedure. Normally. after the procedure is done. the arbiter reached a determination and issues a wages. This is usually adhering. I would decidedly urge traveling through the arbitration procedure instead than thru judicial proceeding. Cost and clip wise it more good to seek this ADR method instead than traveling thru the tribunals ( Chessman. 2013 ) .

Chessman. H. R. ( 2013 ) . Business Law: Legal environment. on-line commercialism. concern moralss. and international issues ( 8th ed. ) . Upper Saddle River. New jersey: Prentice Hall. Council of Municipal Court Judges Website. ( 2013 ) . Retrieved from hypertext transfer protocol: //www. georgiacourts. org/councils/municipal/georgia_court_structure. hypertext markup language