Joseph Devine asked:
The Plenary Power Doctrine is a central, integral feature of the Supreme Court’s immigration jurisprudence (the entire subject of law, the study of law and legal questions) since the late 19th century. The doctrine gives the legislative and executive branches broad authority to regulate immigration. In addition, the doctrine holds that the courts should generally not interfere in immigration cases.
The Plenary Power Doctrine gives Congress and the President the power to make policy free from judicial review. It rests on the assumption that anything related to immigration is a question of national sovereignty that is related to a nation’s right to define its own borders.
During the Chinese Exclusion Case of 1889, the Plenary Power Doctrine was first articulated. In this instance, the Supreme Court upheld a statute which barred Chinese laborers from entering the United States. It did not subject law in question to any substantive constitutional analysis.
This doctrine shields a variety of immigration provisions from constitutional scrutiny. As a result, in Matthews v. Diaz (1976), “in the exercise of its broad powers over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens.”
Fortunately, the doctrine has not gone unchallenged. It has been challenged over the years by a variety of people including academics, other judges, and advocates of immigrants’ rights. Despite their efforts, the Supreme Court has not formally rejected the doctrine.
During arguments in front of the Supreme Court and other district courts, the representatives of the government frequently rely on the doctrine when defending or arguing in favor of a law that is being subjected to an attack on constitutional grounds.
In addition to being seen as having plenary powers in the areas of immigration, Congress is generally viewed as having plenary power in the area of commerce and its regulation. While no one has officially recognized limits on Congress’ plenary power concerning immigration, there have been successful challenges to the idea when it concerns commerce. As a result, Congress’ powers over commerce are no longer complete and covering all matters.
Due to the complicated nature of immigration laws, it is rarely a good idea for people to attempt to defend their case on their own. Immigrants facing criminal charges are in greatest need of representation.
Andrew Bicknell asked:
Because everything is bigger in Texas doing a search for Texas district court records can be quite a daunting task. Consider that there are 443 district courts within the state, each with its own set of records it is easy to see that finding criminal records while doing a background check could take some time and effort.
When you add the fact that there are also 254 county and 917 municipal courts that also hold Texas public court records it is nearly impossible to hunt down criminal and other background information on someone. Or at least that’s the way it used to be until the public record websites came on the scene.
Here’s how finding specific court records used to work. Each court has an employee known as the court retriever whose job it is to search for and find specific records and case reports upon request. After the required paper work is filled out and submitted it can take up to 72 hours before the records are retrieved and ready for you. This can be longer then most people are willing to wait. And when you consider that some people may have records in multiple courts you can see how it may be difficult to find all the records that may pertain to them.
At least that’s how it used to be. Like most states Texas has moved to input all the paper files and micro-fiche records that were kept at each district, county, and municipal court into computerized databases. This makes finding court records and doing background checks much easier when you use a public records search website.
These websites give you access to records that are considered public domain, which most court records fall under. This makes it exceedingly easy to run thorough background checks on just about anyone. In many cases you will also gain access to *** offender records, bankruptcy reports, marriage and divorce records, tax liens, and other publicly available information. These sites do charge a small fee to join but your membership will give you unlimited searches for the lifetime of that membership.
Finding Texas district court records is easy if you use an online public records website and any search you do will be completely anonymous with no one being the wiser.
Kirk Randolph asked:
The United States Constitution guarantees all defendants a public trial. This also guarantees public access to the transcripts of criminal trials except in cases where the court itself orders the trial records sealed. For instance, in a juvenile criminal trial, where the judge determines the crime to be an isolated event, he may order the records sealed to prevent undue future harm to the defendant. Other areas of criminal court history that won’t be available to the public are those areas that pertain to family court issues involving a minor child.
Each state has its own criteria for acquiring a person’s criminal court history. In general though, you need the person’s name, the date of the trial, and if possible the docket number of the trial. You can give this information to clerk and they will access the records for you. Some states, like Massachusetts, will require valid personal identification to be presented before they search. Also, some states require that you make your request in person. To determine if your state requires you to make the request for a person’s criminal court history in person, you should contact your local courthouse. They will also be able to tell you whether there is a fee for the search.
Often, people see a television program where a character accesses a database and finds every criminal court reference to a person. Or a private investigator taps out a few keystrokes and prints out a person’s entire life history with no effort whatsoever. Legal databases such as those seen on television are not publicly available. The private investigator is using a skip trace program or service that he pays for. Social Security numbers are not part of a person’s criminal court history. You can’t look up court history information that way.
One last thing, to look up a person’s criminal court history in federal court, you will need to approach the federal court system, not state or local. Many federal trials are of a more sensitive nature to the safety of the country than state and local so you may not be able to access them through the court archives without a Freedom of Information form. Whether or not the records are publicly available you will still need to provide the person’s name, the trial date, and if possible the docket number of the trial.
Andrew Bicknell asked:
You could have many reasons for trying to find Oklahoma district court records for a particular person. Maybe you are trying to find the outcome of a certain court case or you are doing a background check on a potential employee. What ever the reason going online can expedite your search in ways that were not possible only ten years ago.
Back in the pre-internet era finding court records for Oklahoma would be a somewhat tedious task. Before criminal records found their way into computerized databases they were stored in files and on micro-fiche at the individual court house where the case was tried. This would mean a trip to that particular court house to put in a request for the court records pertaining to that individual. This could result in a wait of 3 or 4 days before receiving the information you were looking for.
Another choice was to hire a private investigator, usually one licensed in the state of Oklahoma. A P.I. knows who to contact and the tricks of the trade when it came to finding court records and other background information on just about anyone. Unfortunately going this route could also take time and also cost quite a bit of money depending on how much time and effort the P.I. put into the search.
This is no longer the case. Oklahoma court records can now be searched for quickly and easily online for minimal cost. Over the last ten years public domain information, including district court records, have found their way into computerized databases. This centralized consolidation of public records has made it much easier to do thorough background checks on just about anyone.
The nice thing about these public records websites is the sheer amount of information they provide right at your fingertips. Not only will you be able to look up district court records you’ll also have access to state and county court records, federal records, arrest reports, bankruptcy records, tax lien information, marriage and divorce information, and just about any other record or report that is considered in the public domain.
The simplicity with which you can look up information on one of these sites is quite amazing. Armed with little more then a persons name and state of residence you can access not only Oklahoma district court records but any other records as well, allowing you to do a complete background check in a matter of minutes. It really doesn’t get any easier then that.
Warren Redlich asked:
Traffic court in Virginia is generally held in the General District Court. Some of the more serious offenses, like a felony DUI, might be handled in a Circuit Court, but most cases are in the district courts. In most of the state, each county and city have their own district court and circuit court, though there are some exceptions.
Speeding tickets in Virginia can carry hefty penalties. Going 81 miles per hour in most states means a fine of between $100 and $400 or so. Not here. If the speed is 20 or more over the limit, or over 80 anywhere, the fine is up to $2500, and it’s considered reckless driving in Virginia Traffic Court. That makes it a crime, not just a violation. It carries 6 points and stays on your record for a long, long time. On top of that, in 2007 the VA legislature added a new surcharge throwing another $1000 onto the costs - and that’s mandatory. This was repealed in 2008 but when the next budget crunch comes, it could return.
And that’s not all. In theory at least you can get jail time. It’s not likely, but the maximum sentence is a year. And your right to drive can be suspended too. Then there’s the impact on your insurance rates. And even for lower speeds, the maximum fine is $500.
Traffic courts in VA also handle DUI cases. The fines can be high, up to $2500 for a first offense, though it is typically well below $1000. Jail time is also possible, but still rare for minor first-time offenders. And the guilty drunk driver loses driving privileges for a year, though it is possible to get a restricted license to drive to and from work. In more serious cases such as a high blood-alcohol content, an accident, or a repeat offender, jail time becomes more likely, the fines go up, and other consequences are more severe as well.
With such serious consequences, it’s not a bad idea to consult with a lawyer before going to traffic court in Virginia.
Lisbeth McCarty asked:
I had appeared in court for several years as an attorney before I was ever actually one of the parties in a lawsuit. I always “dressed for success,” wearing the de riguer dark skirted suit with a beige blouse or some variation thereof, with my hair slicked back in a bun. All I had to do was look around to see that this was what was expeted of a woman attorney, as far as attire goes.
I never gave the slightest thought to the clothes being worn by the people I represented. This was mainly for a good reason — I was concentrating on the legal issues of the case at hand. Sometimes, though, I would be so involved in the law that I forgot about the actual people I was representing.
After a few years of practice, however, my marriage disintegrated and I was one of the parties in a divorce. This event, of course, was extremely stressful, but being on the non-lawyer side of the bar also caused me to think about “going-to-court” clothes.
A suit seemed too drastic — too lawyerly. Jeans or a throw-on dress was definitely too casual. I finally settled on what I can define only as a “church” outfit, a simple skirt and blouse which would be jsut as appropriate for Sunday school as it was for court.
I noticed that my lawyer never mentioned clothing to me in any way. I realized that if the lawyer had, I’d have that stress out of the way. Instead, I had to figure it out all on my own.
I began to think about some of my clients, who were not well-educated and probably did not have a wide selection of clothing from which to choose. I learned that my client’s stress may be eased if we discuss proper court attire for a plaintiff/defendant.
Since that time, I have let my clients know that they should dress nicely for court, further describing the clothing as “church” wear. These clients have thanked me for informing them about how to appear in court.
If my clients do not have and cannot afford such attire, I even loan them some of my clothes or take them shopping. This has had a tremendous effect on my clients, and some of them had told me that this helps them tremendously, as they now no longer worry about “looking stupid” in court.
In conclusion, if you are about to attend a court hearing, even though you are not there as part of a fashion show or to be criticized in any way for your apparel, clothes really do make the man. Or the woman.
Jeremy Kelsall asked:
Have you ever tried to access criminal court records? If you have I am sure that by the end of the process you were nothing short of ripping the hair out of your head. This is because there really is no clear cut way to complete the process and get a copy of someones criminal history.
The things that people usually try and fail at when trying to access criminal history records are things like searching through search engines or trying to find information on different information blogs and even public investigation forums.
While search engines are useful for many things, accessing public records is not one of them. Lets say that you go to Google to try to look up someones criminal past and you enter there name into the search box and away you go. Normally, over a million results are returned which would essentially mean that you will have to be planted to your chair for the next year to get an accurate criminal background check on someone. Those result of getting a complete and accurate records report is assuming that you read every word on every page. If you don’t it is very likely that you might miss a piece of important information.
When trying to get arrest records and the such via information blogs and investigation forums you are almost always approached by some helpful forum member who is more than willing to part you with about five hundred bucks to do an investigation report on someones criminal history for you. Basically, this boils down to you getting ripped off.
There are several sites online which can give you access to criminal court records in a matter of a minute and the only effort that it takes on your part is to enter the persons name into a search box and kick back and wait for the results. When trying to get something like a criminal background check I always recommend these types of sites because the results are not only fast but, I have found them to be accurate and complete.
Andrew Bicknell asked:
Doing a Texas court records search the old fashioned way can be an overwhelming task. In the past you would have had to request by filling out the required paper work and submitting it to those court jurisdictions where the person in question may have made a court appearance. Considering there are 254 counties in the state of Texas each with its own courthouse you can see why these types of record searches used to take a lot of time. And when you factor in all the state and federal courts it gets even harder.
Upon putting in a request for court records to be pulled an employee of the court known as a court retriever would begin the search. It normally takes them around 72 hours to find the pertinent records, if they exist. This can be quite frustrating and is not a good use of time or energy.
Many times those who wished to do a criminal records background check would hire a private investigator. They know the ins and outs of conducting records searches and can use the system to their advantage. Unfortunately there is a price to be paid for this type of service which can be more then the average person can afford.
With the advent of the internet and websites that specialize in background checks in the state of Texas this is no longer the case. You can now access and search court records state wide from federal, state, county, and city criminal databases right on your own computer at a fraction of the cost of hiring a private investigator. In fact many PI\’s are probably using these same resources.
This new found ability to run background checks quickly and easily is a great boon for just about everyone. Small businesses and individuals can look up and do criminal record checks on prospective new employees, check up on their child\’s daycare provider, see if that online dating prospect is who they really say they are, and do a check against just about anyone they are in daily contact with.
You also do not have to worry about leaving a traceable trail when using one of these online records services. You will remain completely anonymous when you do a search query on an individual. The only time you would need to reveal the outcome of your records search is when you need to reveal the truth you have found, if need be.
Jeffrey Broobin asked:
Divorce attorneys and their clients often use the same tall tales to ignoring court orders. One excuse is the other party also did it or the court’s order was based on inaccurate information. These excuses rarely work.
One of the most common excuses is He or she started it! It works as well as any silly nonsense does, it does not work at all. To say someone else is disobeying the law does not help you in your excuse for disobeying the court. We are all responsible for our own actions.
If you state the court order was wrong or unfair because of some mistake or a lie, is also worthless. If the court made a mistake there are avenues to address it, and the court can be asked to reconsider it. Only a court has the ability to change the court order. Until the court changes the order you are bound by the current order and it will be strictly observed. If the court order is violated as bad as things seemed to be will only get worse.
A man was back in court because his wife said he had not paid is child support that he was ordered to pay. His attorney as well as himself stated he had not paid the child support because his ex wife had lied about her expenses and he felt he had a right to hold back payments because she had lied. He had not asked the court to review the case but made his own decision not based on the law but his anger that was unsupported by the court. By the time he came before the judge he was deeply in debt with back support.
As it turned out the man was wrong about the expenses but even if he was right he was wrong, and as a result he violated the court order and caused more hardship for himself.
He was forced to pay back support plus interest and to make things worse he had to pay his entire wife’s legal expenses, which included airfare to come to court and an extra 3,000.
There are only two legal excuses for not obeying a court order: Either the party didn’t know about it or it was not possible to obey. Not inconvenient, impossible, or difficult!
If you have any other reasons for disobeying the court, it will be a costly unpleasant mistake.
John Kessel asked:
Legal transcription is about conversion of dictation/ audio recordings done at law firms and court houses into neat typewritten transcripts. Transcription technology has been evolving over the years and has gone digital today. Legal transcription is increasingly being outsourced to other global locations though not as much as medical transcription. Who are the court reporters and what do they do? Well as the name suggests the court reporters create verbatim transcripts of legal proceedings, speeches, meetings, and also conversations. They use several methods to ensure that the spoken word is accurately recorded. Court reporters have the expertise in transcription / proof reading and editing of all types of court reports and legal documents besides being trained to assist lawyers and judges.
when we talk of just legal transcription it means legal dictations of various types and this may include client letters, depositions, court hearings that are recorded and sent to legal transcription professionals who may be located either within the same city or even out of the country.
Many court reporters use stenotype machine and computer-aided transcription. Whether in the court room or in the law firms office most voice recordings today depend on digital dictation programs that enable convenient recording of voice often supported with automated typing. Dictation is done using either one of the different methods;
Using a dictation device Dictation on to a computer or laptop PDA dictation and recording Dictation by telephone Dictation over the Internet Court recordings & meetings
Today with many court reporting software being available, recording of court proceeding has become a more efficient process. Here are some of the features we can find when using court reporting software;
Simultaneous recording possibility (up to 32 channels) Digital audio recording with high quality signal processing. Transmission using FTP /email or computer network. Automatic file size management/ breaking Overlapped file breaks at preset intervals. Must be user friendly Possible time stamping of bookmarks with notes/ recording Audio listening possibility in real time Recording in formats like to wav, mp3, etc Sorting of recordings by name /date /size and search using keywords. Automatic error notification. Various types of password security. Free minor upgrades
Legal transcription work when outsourced to countries like India, is best done under the supervision of professional lawyers. There are many schools that offer certifications for just doing legal transcription. Specific certifications for court reporters are also much sought after. Here is the link to the official site of the National Court Reporters Association (NCRA) that offers certification opportunities : http://www.ncraonline.org/testing/
Other bodies that offer certifications are The National Verbatim Reporters Association (NVRA) which is the professional association of verbatim court reporters and The American Association of Electronic Reporters and Transcribers.