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The Unique Challenges Facing Rural Courts

More than three-quarters of state trial courts are located in rural U.S. counties. Generally, courthouses that have no more than four judges are considered to be rural courts. Some rural areas have only visiting judges, who hear cases in the area at regularly scheduled intervals. Rural courts are fundamentally different from urban courts and face unique challenges. This article discusses some of those challenges, including geography, funding, training, technology, and lack of services.

The United States Supreme Court and Judicial Review

The United States Constitution establishes three branches of government--the executive, the legislative, and the judicial. The executive branch, headed by the President of the United States, carries out, executes, and administers the law. The United States Congress, the legislative branch of government, makes or enacts the law. The judicial branch, headed by the United States Supreme Court, interprets laws and resolves disputes that arise under the laws.

Using Mediation in Workers' Compensation Appeals

Mediation is a method of alternative dispute resolution. A mediator (neutral third party) helps the litigants resolve their dispute in an informal process. The mediator facilitates negotiations and helps the litigants identify issues, problem solve, and explore settlement possibilities. The mediator has no authority to make a decision about the case. Mediation is increasingly being used to resolve appeals in workers' compensation cases.

The Common Law and Judicial Precedent

The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Bias in the Courts

Various task forces, commissions, and committees have studied racial and ethnic bias in the courts. The issue is an important one because the perception of bias undermines public trust in the judicial system. A lack of confidence in the system affects a person's participation in the justice system. Individuals who perceive bias in the justice system may have doubts about the fairness of court procedures and outcomes. They may also be less willing to report crimes, file lawsuits, and serve as jurors.