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Commonly Asked Questions about Judicial Procedures

The judicial branch of government reviews laws and determines whether or not theyre constitutional. This is part of the checks and balances system in which the other two branches include the legislative branch, or Congress, which makes the laws, and the executive branch, or the president, which carries out the laws.
For example, a judge should not use the judges judicial position or title to gain advantage in litigation involving a friend or a member of the judges family. In contracts for publication of a judges writings, a judge should retain control over the advertising to avoid exploitation of the judges office.
A trial consists of opening statements, testimony, evidence and closing arguments. The jury then decides if the defendant is guilty or not guilty. If a defendant is found guilty by a judge or jury, he/she will be sentenced by the Judge. The Judge can also order a Pre-Sentence Investigation (PSI).
The state Constitution vests the judicial power of California in the Supreme Court, Courts of Appeal, and superior courts. The Constitution also provides for the formation and functions of the Judicial Council, the policymaking body for the judicial branch.
Judicial is a descriptive term used to indicate that a thing refers, relates, or pertains to a judge or the court. For example: A judicial proceeding is a proceeding over which a judge presides. A judicial sale is a sale ordered by or under the supervision of a court.
How a Case Moves Through the California Court System. There are two kinds of court cases: civil and criminal.
Judicial process is the way that courts handle legal cases. It includes all the steps that happen in court, like when someone is summoned to appear in court or when a witness is compelled to testify. There are different types of judicial processes, like civil process for lawsuits or criminal process for crimes.
A judicial proceeding is any proceeding over which a judge presides. The precise definition of judicial proceeding varies depending on the jurisdiction, and may include quasi-judicial proceedings.