Steven M. Smoot, lawyers in Houston, TX, Texas

Innovations in Jury Trials

States have implemented various innovative procedures to assist jurors during trials. The changes are aimed at improving juror understanding of the evidence and the court proceedings. Jurors are permitted to take notes during the trial in some courts. Trial judges in some courts have discretion to give jurors copies of preliminary jury instructions when the trial starts. In some courts, jurors can submit questions for witnesses. They can even discuss the case among themselves before jury deliberations begin.More...

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. More...

Jury Consultants

The jury serves a vital function in the American legal system. The jury is the trier of fact in a civil jury trial. The jury's role is to weigh the evidence presented by both sides and reach a verdict. The United States Constitution guarantees a right to trial by jury in civil and criminal cases. The jury must be fair or impartial. The jury pool, the group of individuals from which a particular jury is selected, has to be representative of the community. Voir dire is the process of interviewing potential jurors to determine who will sit on the jury. The purpose of voir dire is to identify and remove individuals who cannot be fair and impartial. It is becoming more and more common for attorneys to hire jury consultants to assist in the selection of jurors, especially for high-profile cases. More...

The Effect of a Judgment in a Civil Lawsuit

When a court of competent jurisdiction renders a final judgment on the merits of a case, the judgment is conclusive between the parties as to the claims, facts, and issues litigated in the case.More...

Judicial Immunity

As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.More...