Declaration of Facts: ideas
Posted: Mon Jun 19, 2006 5:56 am
Adversarial system of Law
http://en.wikipedia.org/wiki/Adversarial_system
By contrast, while defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross-examination and not given under oath. This allows the defendant to explain his side of the case without being subject to cross-examination by a skilled opposition.
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Statement of Facts should not contain arguments
http://www.state.il.us/court/Opinions/A ... 040668.htm
(appellant's brief must contain an accurate statement of facts, without argument, necessary to an understanding of the case). Accordingly, we strike the irrelevant portions of respondent's brief."
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Congressional hearing -- CPS must file statement of facts
http://waysandmeans.house.gov/hearings. ... ly&id=1143
"HSLDA quickly opposed this motion, since the court would have to rule blindly on whether to grant a warrant. We argued that the constitutional right to due process requires that parties be informed of the factual basis for allegations against them before a hearing so that they may be able to prepare. Indiana law has long recognized that parents have a right to know the nature of the allegations against them before a hearing. Under state law, when the attorney filed the motion with the court, he was supposed to also file a statement of facts explaining the allegations. In addition, under Indiana law, anonymous tips are not sufficient for a court to issue a warrant."
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Timely filing of Statement of Facts
http://www.ishipress.com/baker-re.htm
At an April, 1990 TPR hearing, a jury determined that if the children were returned to their parents, they would be endangered. Their parental rights were terminated. Both Sabahete and Sadri appealed, alleging that they should have been provided an adequate interpreter and that they should have been provided separate counsel. However, their attorney did not submit a statement of facts in a timely manner, and the Court of Appeals consequently did not vacate the decision.
The Krasniqis argued that the denial of their motion simply because the statement of facts was late violated their right to due process and also that they had been deprived of effective assistance of counsel. Again, their appeal was denied. Their parental rights were thus permanently terminated.
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Use the Child Welfare Information Gateway, list of topics on left of main page, as an outline. This is the government site for information on Child Welfare.
http://www.childwelfare.gov/
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Link for state statutes is also on the main page.
http://www.childwelfare.gov/systemwide/ ... /index.cfm
http://en.wikipedia.org/wiki/Adversarial_system
By contrast, while defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross-examination and not given under oath. This allows the defendant to explain his side of the case without being subject to cross-examination by a skilled opposition.
--------------------------------------------------------------------------------
Statement of Facts should not contain arguments
http://www.state.il.us/court/Opinions/A ... 040668.htm
(appellant's brief must contain an accurate statement of facts, without argument, necessary to an understanding of the case). Accordingly, we strike the irrelevant portions of respondent's brief."
--------------------------------------------------------------------------------
Congressional hearing -- CPS must file statement of facts
http://waysandmeans.house.gov/hearings. ... ly&id=1143
"HSLDA quickly opposed this motion, since the court would have to rule blindly on whether to grant a warrant. We argued that the constitutional right to due process requires that parties be informed of the factual basis for allegations against them before a hearing so that they may be able to prepare. Indiana law has long recognized that parents have a right to know the nature of the allegations against them before a hearing. Under state law, when the attorney filed the motion with the court, he was supposed to also file a statement of facts explaining the allegations. In addition, under Indiana law, anonymous tips are not sufficient for a court to issue a warrant."
--------------------------------------------------------------------------------
Timely filing of Statement of Facts
http://www.ishipress.com/baker-re.htm
At an April, 1990 TPR hearing, a jury determined that if the children were returned to their parents, they would be endangered. Their parental rights were terminated. Both Sabahete and Sadri appealed, alleging that they should have been provided an adequate interpreter and that they should have been provided separate counsel. However, their attorney did not submit a statement of facts in a timely manner, and the Court of Appeals consequently did not vacate the decision.
The Krasniqis argued that the denial of their motion simply because the statement of facts was late violated their right to due process and also that they had been deprived of effective assistance of counsel. Again, their appeal was denied. Their parental rights were thus permanently terminated.
- - - - - - - - - - - - - - - - - - -
Use the Child Welfare Information Gateway, list of topics on left of main page, as an outline. This is the government site for information on Child Welfare.
http://www.childwelfare.gov/
- - - - - - - - - - - - - - -
Link for state statutes is also on the main page.
http://www.childwelfare.gov/systemwide/ ... /index.cfm