When it comes to infractions of peace, courts of law accordingly deal with them. However, this comes in gradations, and unless one does something specifically heinous or controversial, then the case need not transcend to higher courts, for better or worse. There lies the importance and purpose of a Justice of The Peace Salem.
A JP is essentially a judicial officer of a so called puisne, or lower, court. He is either appointed or elected, and his task is, you guessed it, keeping the peace. Over history, this position has been tantamount to many kinds of positions like commissioners, keepers, conservators, or wardens, but their responsibilities are pretty much intuitive and set in stone.
These civil public officers basically perform judicial acts, and they come in sundry appellation in many different places and points of time. Historically, for example, they have been called wardens, or keepers or conservators of peace. Nowadays, they are variously referred to as magistrates or district judges. Their jurisdiction is generally limited to townships, precincts, counties, cities, and in some cases, states.
The JP necessarily has to be someone of good nature and stature in the community, with no adverse record at the very least. Although the criteria of appointment are diverse, this is pretty rigid. He has to be knowledgeable and trustworthy, given the technicality of his functions, like certifying copies, witnessing and signing statutory affidavits, and some such sensitive operations that they are authorized to do by virtue of their position.
For instance, they may preside over cases of traffic violations, neighbor disputes, or else small debt repayments, and other relatively small scale lawsuits. In sum, they serve as entry level courts, and the particular case may therein be resolved or else passed to the high court. In that sense, they are convenient since they offer an accessible outlet which people can approach without complicated logistics and without the bane of longer distances.
Mandatory duties are outlined in the law, such that they should be an active board member of civil authorities. They must assist on Election Day, and they should preside on tax appeals and be a board member in cases of tax abatement. The negligence of these duties may result in penalizations. On the other hand, discretionary tasks include presiding over marriages, serving as magistrates, administering oaths, and some such. These are functions in which JPs have power to perform but they do not really have to, but when their services are tapped upon, then they must not discriminate based on prohibited factors like race, sexual orientation, religion, et cetera.
This feature has its advantages and disadvantages. After all, if you really deem some infraction as kind of petty, then it pays to have it over sooner than later. However, if you deem that a case can be more convoluted than can be perceived by the eye, you can appeal for a trial de novo in a different tribunal, preferably in a higher court.
In order to become a JP, one has to be appointed in case of vacancies or generally elected in elections. They are county officers in essence, even though elected in townships. However, to be a true blue JP, it takes more than just success in your election claims and endeavors. A good head on ones shoulders certainly qualifies. Although a law degree is not requisite, common sense certainly is. Most importantly, one must have a sharp sense of justice and fairness. He must be open minded and an able listener. He must be constantly respectful, not taking to account differences in social standing, race, or whatnot.
JPs have a wide range of tasks and responsibilities cut out for them. They may issue warrants and summons, preside in mediations, dealing with various kinds of preliminary applications, or conducting release hearings in the interim. In point of fact, their duties greatly depend on the particular needs or identity of the community. But more considerably, it also greatly depends on the abilities, knowhow, and service orientation of the justice.
A JP is essentially a judicial officer of a so called puisne, or lower, court. He is either appointed or elected, and his task is, you guessed it, keeping the peace. Over history, this position has been tantamount to many kinds of positions like commissioners, keepers, conservators, or wardens, but their responsibilities are pretty much intuitive and set in stone.
These civil public officers basically perform judicial acts, and they come in sundry appellation in many different places and points of time. Historically, for example, they have been called wardens, or keepers or conservators of peace. Nowadays, they are variously referred to as magistrates or district judges. Their jurisdiction is generally limited to townships, precincts, counties, cities, and in some cases, states.
The JP necessarily has to be someone of good nature and stature in the community, with no adverse record at the very least. Although the criteria of appointment are diverse, this is pretty rigid. He has to be knowledgeable and trustworthy, given the technicality of his functions, like certifying copies, witnessing and signing statutory affidavits, and some such sensitive operations that they are authorized to do by virtue of their position.
For instance, they may preside over cases of traffic violations, neighbor disputes, or else small debt repayments, and other relatively small scale lawsuits. In sum, they serve as entry level courts, and the particular case may therein be resolved or else passed to the high court. In that sense, they are convenient since they offer an accessible outlet which people can approach without complicated logistics and without the bane of longer distances.
Mandatory duties are outlined in the law, such that they should be an active board member of civil authorities. They must assist on Election Day, and they should preside on tax appeals and be a board member in cases of tax abatement. The negligence of these duties may result in penalizations. On the other hand, discretionary tasks include presiding over marriages, serving as magistrates, administering oaths, and some such. These are functions in which JPs have power to perform but they do not really have to, but when their services are tapped upon, then they must not discriminate based on prohibited factors like race, sexual orientation, religion, et cetera.
This feature has its advantages and disadvantages. After all, if you really deem some infraction as kind of petty, then it pays to have it over sooner than later. However, if you deem that a case can be more convoluted than can be perceived by the eye, you can appeal for a trial de novo in a different tribunal, preferably in a higher court.
In order to become a JP, one has to be appointed in case of vacancies or generally elected in elections. They are county officers in essence, even though elected in townships. However, to be a true blue JP, it takes more than just success in your election claims and endeavors. A good head on ones shoulders certainly qualifies. Although a law degree is not requisite, common sense certainly is. Most importantly, one must have a sharp sense of justice and fairness. He must be open minded and an able listener. He must be constantly respectful, not taking to account differences in social standing, race, or whatnot.
JPs have a wide range of tasks and responsibilities cut out for them. They may issue warrants and summons, preside in mediations, dealing with various kinds of preliminary applications, or conducting release hearings in the interim. In point of fact, their duties greatly depend on the particular needs or identity of the community. But more considerably, it also greatly depends on the abilities, knowhow, and service orientation of the justice.
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