Purposes and Responsibilities of Courts

Rule of Law, Equal Protection, and Due Process

Curriculum Guideline Three

Effective court leaders understand and help courts deliver on the promise of the rule of law, equal protection, and due process. They know the theory, the history of the common law, and important concepts such as venue, justiciability, rule of law, equal protection, and due process and their practical implications.  All types of cases, their processing, and typical forms and procedures are understood.

Knowledge, Skills and Abilities

  • Knowledge of the concept of the rule of law, growth of the common law, the common law adversarial system and other court-developed processes for truth-finding, discovery, narrowing the issues, and doing justice;

  • Knowledge of differing legal traditions (civil law, common law, and socialist law) and conflicting concepts of justice;

  • Knowledge of the processes by which the law is developed;

  • Knowledge of the concepts of equal protection, due process, venue, justiciability, case in controversy, and standing;

  • Knowledge of different types of jurisdiction; 

  • Knowledge of all case types and the basis for organizing disputes in categories, and the processes and procedures that courts use to resolve disputes;

  • Knowledge of criminal and civil procedure and differing burdens of proof in criminal and civil cases;

  • Knowledge of the essential elements of due process of law in both civil and criminal cases including but not limited to notice; discovery; probable cause; bail; the right to counsel; confrontation; cross examination; the right to witnesses; privilege against self-incrimination; speedy, timely and public disposition of disputes; jury trial; and appellate review;

  • Ability to guide the organization and management of the court’s structure, administration, procedures, alternative dispute resolution, and traditional case processing by the concepts of rule of law, equal protection, and due process.

View the Summary of Purposes and Responsibilities of Courts Curriculum Guidelines or click on each of the other four Curriculum Guidelines to see the associated Knowledge, Skills and Abilities:

 

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