In civil cases, an action is started by filing a copy of a complaint with the county clerk, generally in the county of the defendant’s residence. A complaint states what the defendant has done wrong, how the plaintiff was injured or damaged and to what degree. After filing the complaint the sheriff or private process [...]
Civil practice in the U.S. District Court for the District of Oregon is changing rapidly as a result of the court’s increase in filings, number of judges and clerks and the complexity of issues presented. Federal civil practice and procedure are now focused upon pretrial work which is increasingly concerned with committing each party’s case [...]
The Oregon Constitution established a supreme court and “such other courts as may from time to time be created by law.” The original Article VII of the constitution provided for circuit courts, county courts, justice of the peace courts and municipal courts. These provisions now have the status of statutes, a result of the adoption [...]
The system of law in the United States is unique among nations because of its combination of common law and constitutional hierarchy. Common law is judge-made law. It is case law. The only way that the judiciary can speak is through individual cases brought to it for resolution. Unlike the other branches of government, the [...]
Several institutions exist in Oregon to help assure the rights of free press and fair trial. Their purpose is to protect both— through cooperation and consultation rather than by confrontation. They include: Oregon State Bar-Press-Broadcasters Council: This council was established in 1962 by the Oregon State Bar (OSB), the Oregon Newspaper Publishers Association (ONPA) and [...]
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Chapter 6: State Criminal Procedure
The state criminal procedure includes a set of legal proceedings for both a felony case and a misdemeanor case. Felony Proceedings Legal proceedings in a felony case typically follow a series of steps from arrest through review by the Oregon Supreme Court. Though proceedings are generally initiated with the arrest (Step 1) , they can [...]