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Are Mental Health Courts Legit?  I want to know.  

Written By Alberta Rose Jones, copyright protected

Are Mental Health Courts in the United States legitimate courts? Well lets look at what is a court of law.  How do courts exist? What types of courts do we have in the United States?  We have several types of courts.  We have state courts, district courts, courts of appeals and supreme courts.  

Here are definitions I found to explain the issue of Mental Health Courts.  Is a mental health court a criminal court, civil court court? hummmmmmmm  Nope not in California why... read below 

The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. 

Jurisdiction

Jurisdiction, meaning "to speak the law," is the power of a court over a person or a claim. In the United States, a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and criminal jurisdiction (in the United States, this is termed subject-matter jurisdiction). The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. In English law, jurisdiction may be inherent, deriving from the common law origin of the particular court. 

Definitions of court of law on the Web:

  • court: a tribunal that is presided over by a magistrate or by one or more judges who administer justice according to the laws
    wordnetweb.princeton.edu/perl/webwn

     

  • A court is a body, often a governmental institution, with the authority to adjudicate legal disputes and dispense civil, criminal, or administrative justice in accordance with rules of law. ...
    en.wikipedia.org/wiki/Court_of_law

     

  • A court presided over by a judge which is empowered to decide all aspects of legal disputes; A court which was empowered to decide questions of law and award monetary damages, but could not provide equitable relief, which was reserved for a court of equity
    en.wiktionary.org/wiki/court_of_law

     

  • The place where law cases are heard and decided.
    outlawlegalservices.com/legal-definitions.html

 

Court

From Wikipedia, the free encyclopedia
 
 
 

court is a form of tribunal, often a governmental institution, with theauthority to adjudicate legal disputes between parties and carry out the administration of justice in civilcriminal, and administrative matters in accordance with the rule of law.[1] In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interpret and apply the law are collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to huge buildings in large cities.

The practical authority given to the court is known as its jurisdiction (Latinjus dicere) -- the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone'sCommentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have attorneys, and advocates or counsel, as assistants[2], though, often, courts consist of additional attorneys, bailiffs,reporters, and perhaps a jury.

The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.[3]

In the United States, the legal authority of a court to take action is based on personal jurisdictionsubject-matter jurisdiction, and venue over the parties to the litigation. 

Criminal court is where you go to face charges if the State thinks you have committed a crime. The District Attorney’s Office represents the State. Each county has its own District Attorney’s Office.

Only the State – not another person or agency – can charge you with a criminal violation

Court locations and phone numbers

These are the Courts that handle Criminal Cases in Santa Clara County. Click on the court name to go to the page with addresses, phone numbers, business hours and judges.

Terraine Courthouse
 
Cases Heard:
Juvenile Dependency and Criminal (Adult Drug Court)
 

Juvenile Delinquency Division


 Street Address:
115 Terraine Street
San Jose, CA 95110

Now this is strange this is were Judge Stephen Manley presides... 115 Terraine, San Jose, California.  Does it say "Mental Health Court?" NO  Why do you think that is?

When you call their main number to the Clerk of the Court it never mentions "Mental Health Court" Mmmmmmmm   Why?

The entire Criminal Rules of the Court for the State of California provided by the California Judicial Council makes no mention of "mental health courts".  So who pays Judge Stephen Manley to "preside" over "mental health cases?"  Who gave him the authority to do this?  Our lawmakers did not.  Did the Judicial Council for the State of California?  Who gave him jurisdiction?   I want to know.

Alberta Rose Jones

September 3, 2010