what is the difference between a state and national attorney general

by Prof. Manley Kunze 7 min read

How are attorneys general elected?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

What is the role of the state Attorney General?

The difference in budgets for the offices across the states reaches $735,982,631. Nebraska has the smallest budget, spending only $5,795,369 a year on the attorney general's office, while California spends the most with a budget of $741,778,000.

Does the Attorney General have to be a US citizen?

What Attorneys General Do - National Association of Attorneys General. As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

How many attorneys are in the Attorney General's Office?

The U.S. Attorney's Office represents the United States in federal cases, meaning they arise from federal law created by Congress. These cases are heard in federal courthouses throughout the country. State and local prosecutors (whether the district attorney, county/city prosecutor, or the state attorney general’s office), by contrast, represent the state for cases arising under state …

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Is a state's attorney the same as attorney general?

A lawyer who represents the state in local criminal cases is usually referred to as the "District Attorney," although, depending on your state, these attorneys can go by other titles such as "Prosecuting Attorney" or "County Attorney." The Attorney General of a state typically represents the state in civil cases, but ...

Does the attorney general work in state or local government?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens.

What is a US state attorney general?

Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

How is a US attorney general hired?

A U.S. ATTORNEY'S OFFICE: BASIC FACTS U.S. Attorneys are appointed by the President and confirmed by the Senate, and they serve terms of four years or at the President's discretion.

What is an Attorney General's job?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

Who is the highest law officer?

Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

Can you sue a state's attorney?

1. A State Attorney possesses absolute immunity from civil liability in tort actions brought in state courts and in Title 42 U.S.C. s. 1983 actions in federal courts for conduct falling within the scope of his or her prosecutorial duties.

How many attorney generals are there in the United States?

The current party composition of the state attorneys general is: 23 Democrats....Current attorneys general.OfficeholderTreg TaylorStateAlaskaPartyRepublicanAssumed officeJanuary 30, 2021Term expiresAppointed55 more columns

What are the requirements for a state office?

Of the 35 states: 1 7 designate an officeholder must be at least 30 years of age. ( FL, ID, KY, NM, NY, PA and VA) 2 10 require a minimum age of 25. ( AL, AZ, GA, IL, LA, MT, NV, ND, UT and WV) 3 13 require a minimum age of 18. ( AK, CA, CT, IA, MA, MI, NJ, OH, OR, RI, SD, VT and WA) 4 2, Minnesota and North Carolina, set the limit at 21. 5 1, Oklahoma, sets the limit at 31. 6 1, Colorado, sets the limit at 27. 7 1, Mississippi, sets the limit at 26.

What is the job of an attorney general?

The primary job of a state attorney general is to serve as chief legal adviser to the agencies and legislative organs that make up his or her state's government, in addition to the citizens residing within the state. It is this last common aspect of the role, ...

How many states have an attorney general?

The attorney general is appointed by the governor in five states: Alaska, Hawaii, New Hampshire, New Jersey and Wyoming. In Maine, the attorney general is chosen by the state legislature, while in Tennessee the choice falls to the state supreme court .

Who has the power to represent the state in criminal appeals?

Attorneys general: Power to represent state in criminal appeals#N#Attorneys general: Power to represent state in criminal appeals#N#+#N#–#N#In no cases#N#In some cases#N#In all cases#N#The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Does the Attorney General give legal advice?

In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

What is an LLB in South Africa?

This article is specifically targeted at informing those who are currently studying or have completed a Bachelor of Laws (LLB) qualification at any accredited South African University and wish to pursue their legal careers in service of the greater community whilst representing the State.

What is the most important characteristic of a lawyer?

However, the most important characteristic of any prospective lawyer is a well-developed sense of fairness and justice and the willingness to serve the people.

What does a state attorney do?

State attorneys act in service of the state and represent the State and State departments in all lawsuits and transactions for and against the State. They work and function in the same way as ordinary attorneys.Examples of work performed by State Attorneys include: urgent applications with regard to gambling and the granting ...

What is the role of a public prosecutor?

Public prosecutors act as the gatekeepers of criminal law and attend to the prosecution of cases on behalf of the State in the Magistrates courts. They decide whether or not to prosecute individuals for crimes based on evidence provided to them by the police. Prosecutors present cases in criminal trials and lead evidence by the State witnesses.

Why is human smuggling important?

Human smuggling is most often conducted in order to obtain a financial or other material benefit for the smuggler, although financial gain or material benefit are not necessarily elements of the crime. For instance, sometimes people engage in smuggling to reunite their families.

What are the victims of sex trafficking?

Many domestic victims of sex trafficking are runaway or homeless youth and/or come from backgrounds of sexual and physical abuse, ince st, poverty, or addiction. Traffickers exploit these vulnerabilities, promising the victims love, a good job, or a more stable life.

Is human trafficking a crime?

According to the United Nations, trafficking in persons and human smuggling are some of the fast est growing areas of international criminal activity. Though they are often confused, human trafficking and smuggling are separate and fundamentally different crimes. Human smuggling is the facilitation, transportation, attempted transportation, or illegal entry of a person (s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents. Human smuggling is most often conducted in order to obtain a financial or other material benefit for the smuggler, although financial gain or material benefit are not necessarily elements of the crime. For instance, sometimes people engage in smuggling to reunite their families. Human smuggling is generally with the consent of the person (s) being smuggled, and that person is free to leave upon payment of a prearranged fee. The vast majority of people who are assisted in illegally entering the United States are smuggled, rather than trafficked.

What is human trafficking?

Human Trafficking is a crime that involves exploiting a person for labor, services, or commercial sex. The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations define human trafficking as: Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced ...

What is domestic servitude?

Domestic Servitude. A form of labor trafficking, domestic servitude often involves women who are forced to live and work in the homes of employers who confiscate their legal documents and prevent them from leaving. Domestic workers can be U.S. citizens, lawfully-admitted foreign nationals, or undocumented immigrants.

What is human smuggling?

Human smuggling is the facilitation, transportation, attempted transportation, or illegal entry of a person (s) across an international border, in violation of one or more countries laws , either clandestinely or through deception, such as the use of fraudulent documents.

What is forced labor?

According to the International Labor Organization, forced labor is all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.

What is a defendant in court?

DEFENDANT . The individual or entity on trial for a crime or sued in a court of law. DISPOSITION. To complete a case or case file. DISTRICT JUDGE. A United States federal judge, nominated by the President and confirmed by the Senate; a district judge serves as a federal trial court judge. DIVERSITY OF CITIZENSHIP.

How long is the Indiana Supreme Court term?

In most Indiana counties, trial court judges are elected by voters to six-year terms.

What is double jeopardy?

DOUBLE JEOPARDY. The prosecution of a person twice for the same crime. DUAL SOVEREIGNTY. A provision of law allowing for the double prosecution of a person by more than one government for the same crime, because each government entity has jurisdiction to prosecute, notwithstanding the double jeopardy rule.

How long does a magistrate judge serve?

Magistrate judges are selected and appointed by district judges and serve renewable 8- year terms. District judges may authorize magistrate judges to handle most parts of a civil or criminal matter. Generally speaking, magistrate judges handle pretrial case management, initial appearances, and settlement conferences.

What is a magistrate judge?

MAGISTRATE JUDGE. A federal judge, appointed to an 8-year term by the judges of a district court; a magistrate judge typically handles pretrial case management, settlement conferences, initial appearances, and other matters as assigned by a district judge. MISDEMEANOR .

How long is a misdemeanor sentence?

Class A, the most severe class, results in a prison sentence of six months to one year, and a fine up to $100,000.

What is the authority of the federal courts?

Federal courts gain their authority from Article III of the United States Constitution. In general, federal courts hear cases arising from Constitutional matters or laws enacted by Congress. State courts gain their authority from their state's laws. They have authority over matters involving state laws.

What is Article 76?

Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney General of India. The topic is important for IAS Exam and its three stages – Prelims, Mains and Interview. It is an important section of Indian Polity which is a significant subject in the UPSC Civil Services Examination.

Who was the first Attorney General of India?

The above-given data shows that the first Attorney General of India, M.C.Setalvad worked at his post for the longest term, i.e. for 13 years and Soli Sorabjee worked as the Attorney General was the shortest period of time. However, he was appointed for the post twice.

Who is responsible for the amendment and enforcement of laws?

Ans. The Attorney General of India is responsible for the amendment and enforcement of laws. However, the Chief Justice of India is responsible to conduct the court hearings before the law has to be enforced.

What are the types of cases?

Types of Cases Heard 1 Cases that deal with the constitutionality of a law; 2 Cases involving the laws and treaties of the U.S.; 3 Cases involving ambassadors and public ministers; 4 Disputes between two or more states; 5 Admiralty law; 6 Bankruptcy; and 7 Habeas corpus issues.

What is the purpose of Article III?

Court Structure. Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. The Constitution and laws of each state establish the state courts.

How many circuit courts are there in the United States?

Some are referred to as Circuit or District Courts. Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases.

What is the Federal Court System?

The Federal Court System. The State Court System. Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Disputes between two or more states; Admiralty law; Bankruptcy; and. Habeas corpus issues.

How are federal judges removed from office?

Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. State court judges are selected in a variety of ways, including. election, appointment for a given number of years, appointment for life, and. combinations of these methods, e.g., appointment followed by election.

What is Habeas corpus?

Habeas corpus issues. Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court.

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Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cashis the current Attorney-General. …

Etymology

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of Englandin the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Similar offices in non-common law jurisdictions

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Ministerfor a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote