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Kentucky Circuit Courts
The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky. Jurisdiction and bench The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses and other felonies; land disputes; contested probates of wills; and civil lawsuits in disputes with an amount in controversy over $5,000. Circuit courts also have the power to issue injunctions, writs of prohibition, writs of mandamus, and appeals from the decisions of administrative agencies. Circuit Courts also hear appeals from the District Courts, which in Kentucky are courts of limited jurisdiction that hear misdemeanor criminal cases, traffic violations, violations of county and municipal ordinances and small claims. The family court division of Circuit Court has original jurisdiction in cases involving dissolution of marriage (divorce), child custody, visitation, maintenance and support (alimony and child support), equitable distribution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Court (United States)
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters stop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. United States In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibility (access and custody), parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity ;Adoption for the well-born While the modern form o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Division Of Property
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree. Distribution of property is the division, due to a death or the dissolution of a marriage, of property which was owned by the deceased, or acquired during the course of the marriage. United Kingdom law In England & Wales, partners in or out of marriage can agree how the joint and severally hold assets will be divided without the intervention of the courts. Where agreement cannot be reached, the courts may be asked to determine a fair and equitable division. The case of Miller v Miller gave the wife a considerable proportion of the husband's recent gains resulting from dealings in the City even though the marriage was short lived. United States law In ''Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)'', the court described equitable distribution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a Legal guardian, guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word '' alimōnia'' ("nourishment, sustenance", from ''alere,'' "to nourish"), from which the terms alimentary (of, or relating to food, nutrition, or digestion), and aliment (a Scots Law rule regarding sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce) are also derived. History The Code of Hammurabi (1754 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contact (law)
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.Jennifer Wolf, Types of custody and visitation, Very Well Family, January 27, 2019. Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child. In supervised visitation, another adult must be present, and there is sometimes a court order to occur at a predetermined supervised child contact centre. Virtual visitation uses video-conferencing technology to allow contact when a child lives far away from the parent. Concept In most jurisdictions the nature of a couple's relationship is established when a child is born to that relationship. In law, there ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Small Claims Court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States. Purpose and operation The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms a large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousands of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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