polenta

I need certain words in English connected to law. I wonder if someone could help me.

If I want to take legal action for example suing someone or getting divorced etc I go to a lawyer and he is in charge of all the procedures. Perhaps I could sign some papers for him. WHERE DOES HE TAKE THESE PAPERS OR WHERE DOES HE BEGIN THE PROCEDURES? I would like to know the name of the place. In films we see the trial with the judge, jury, lawyers etc. I don't mean this, I mean THE FIRST STEP WHERE LAWYERS BEGIN EVERYTHING.
I need this word and if I can get it I have two or three more words I need.
THANKS IN ADVANCE.

polenta

Another question, this one is very simple.
There are three powers in a democracy:
1 THE EXECUTIVE POWER
2 THE LEGISLATIVE POWER
3..... What's the exact name of the third one?(judges etc.)

a4e4ka

The third one is JUDICIAL, Polenta
http://www.ask.com/bar?q=Three+Branches+of+Government&page=1&qsrc=6&ab=2&u=htt p%3A%2F%2Fwww.evgschool.org%2Fthree_branches_of_government.htm

a4e4ka

It is my understanding that the lawyer files the papers with the court: criminal, civil or small cases depending on the case itself. Maybe this will help
http://www.ask.com/bar?q=court+cases&page=1&qsrc=178&ab=2&u=http%3A%2F%2Flaws. lp.findlaw.com%2F

Login

Copy and paste that link ... and remove the space that has appeared before lp.

polenta

Thanks a lot Login. I suppose this is for UK. I didn't know if it was the court. I've heard of the word courthouse too. I didn't know if COURT was only the place of the trial we see in movies or if a COURT is a place where you have public servants who begin the procedures too.
I wonder if this is in US too. Thanks Login

polenta

I also wasn't sure if you call it JUDICIAL or JUDICIARY power.
Then it's JUDICIAL exactly like in Spanish. Thanks

Login

Polenta, the link was posted by a4e4ka, who lives in USA ... and it looks like a US site to me.

I think it is 'judicial' when referring to the laws and 'judiciary' when referring to those who apply the laws. I'm no authority on the subject so any other opinions are welcome.

polenta

Yes, thanks Login and then thanks a4 too.
Some things look alike but they might be different like judicial and judiciary or magic and magical, historic and historical. I wonder why English is so hard when you intend to speak it correctly and not only so-so.
I need these words for a student who works in the judicial power in a court but was not sure if these are the exact terms.
She says she works with documents lawyers bring to court to begin the procedure and then a "file" (is this the correct word?) begins. I was wondering if the word could be "record" instead of file. All the procedures continue up to the point when the judge gives his ruling and the "file" or "record" is put in a place where it's not touched anymore. Shall I call this an "archive"? Anything you can tell me as native English speakers will help me. It's not necessary to be a law expert. Thanks.

five

You file the papers with the Office of the Clerk for the particular court. You file with the court that has "jurisdiction" -- the power to hear the case because of where you or the defendant live (called personal jurisdiction) and the nature of the case/dispute (called subject matter jurisdiction), etc. Jurisdiction is defined by the Constitution of the US (and the state constitutions, in the different states) and by statute.

There are two court systems in the US -- the federal court system and the state court system. Divorce is filed in state court. State courts can differ by name state to state (sometimes called circuit courts, county courts, etc), but in general there is a division that is the Family Court, which is were divorce papers would be filed. Criminal matters are in the criminal divisions of the court, which can subdivide. Regular civil suits are either filed in the Law Division or the Chancery Division (which is equitable in nature), although some states may not divide it this way. The lower court is the trial court and the only one in which facts are decided. The next level is the Appellate court or Court of Appeals (appeals you have an right to make -- they are on issue of law or procedure), and the top level is the Supreme Court (or in some states, Superior Court, and in which most appeals are by permission). The federal court is the district court for trials (they are organized by region and state, e.g. northern district of illinois), court of appeals (organized by regions called circuits, e,g, 7th Circuit Court of Appeals), and then the Supreme Court of the United States. There are also administrative agencies that will conduct trials of some matters, e.g the International Trade Commission.

To begin a case, you file a complaint, which is the first "pleading" in a case, and serve it with a summons. The response to the complaint is an "answer" and requests to the court are made by "motion". Answers and motions (and briefs filed to support the motion or oppose the motion) are pleadings, too. So yes, you "file" official papers ("pleadings") with the court. The "court docket" is the name for all the documents (numbered chronologically) filed with the Court in a case. The "record" is the overall name for all documents filed with the court and all the official transcripts before the court (from hearings, trials...); it would also include evidence offered into evidence at trial. It is not called an archive, although courts may keep older records in a court archive. Nowadays, most filings are done electronically.

It's the judicial power, and it is exercised by the judiciary. The Courthouse is just where the court is located.

As an aside, Louisiana is based on a civil code, like France and much of the rest of the world, and the rest of the US federal and state are based on common law courts, like the UK.

Hope that helps.

five

Oh and...

Lawyers refer to "case file" which includes all the pleadings filed with the court, plus certain pleadings (requests for documents, interrogatories -- which are written questions, request to admit -- which are written) and transcripts (from hearings and depositions which are oral questions) that are not filed with the court, correspondence, documents exchanged among the parties or obtained from non-parties by subpoena, etc. The "record" means what the Court itself actually has been given.

Login

One small point: in the Uk, AFTER someone has been convicted of a crime, they have a 'criminal record'.

polenta

FIVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
YOU'VE BEEN MORE THAN USEFUL!!!!!!!!!!!!!!!!!!!!!!!!!!
THANKS SO SO SO MUCH
I haven't read it carefully yet, only taken a quick glance at it. I'll save it and print it and we will study it with my student.
I would have never said TO FILE PAPERS for example and it seems so "natural" for you people. She has to take a University of Cambridge English exam and there is a part where she is interviewed about her life and I wasn't sure about many things. Between a4, Login and Five I think my problems are solved. Again my millions of thanks.
I have few problems with standard English and then dictionaries help, but when it comes to technical terms it's difficult. I have these problems when it's a doctor, accountant, etc. because they use very specific vocabulary and make distinctions between two words that I see quite similar.

THANKS, THANKS, THANKS

polenta

I would appreciate it if a native English person could help me with this.
When a woman and a man live together without being married, how would they introduce the other to a third person?

THIS IS MY.................

I suppose they wouldn't say "This is my husband " or "This is my wife."

Login

They may say 'husband' or 'wife' but nowadays it is becoming quite acceptable to live together without marrying. 'My partner' has become the more usual introduction in such cases.

Robindcr8l

Polenta, in recent years people often say my "significant other". I always thought that sounded kind of pretentious, so I used to introduce my boyfriend as my "insignificant other" and then laugh! (maybe that's why we're not together anymore! LOL

Arw65

Usually they would say "this is my Boyfriend or Girlfriend. Unless they have decided to get married in the future, if that is the case then they would use the word "fiance" instead of boyfriend or girlfriend.- I hope this helps.

I worked for a lawyer for quite a while and am glad to not to have to go to the court every day.

Arw65

robin and login's suggestions are also commonly used

polenta

Someone who lives in Florida told me that "partner" is now used for lesbians mostly and sometimes gays too. This surprised me. Could it be something regional?
Thanks all for your answers.

Robindcr8l

I think partner is used by both heterosexuals and homosexuals. In the hospital I work in, there is a new category on the registration forms under "marital status" that says Life Partner. I've seen it used for both heterosexual and homosexual couples who are not legally married.