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Law questions and answers, Essays (university) of Law

These are paralegal law questions and anwers for studies in this field.

Typology: Essays (university)

2016/2017

Uploaded on 03/24/2017

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Catherine Boljen
1. Explain how state courts dier from federal courts.
Answer: Each state court has its own court system. There are minor courts, trial
courts and appellate courts. Minor courts handle misdemeanors which are mior
violations of state and local laws. Trial courts on a state level are also called
county courts and have circuit courts, superior courts, district courts and
common pleas courts. In state courts, felonies are tried in trial courts.
2. Describe the justice of the peace system and identify its chief weakness.
Answer: Justices of the peace are elected for short terms usually 2-6 years. There
are no trained in the law and their authority is limited to performing marriages,
notarizing documents, handling trac violations and hearing misdemeanors and
minor civil disputes. The main weaknesses are that these people are not trained
in the law, so many times criminals go free because of the leniency of the judges.
3. Dene and discuss the duties of minor courts, trial courts of general
jurisdiction, and appellate courts.
Answer: minor courts handle minor violations such as trac cases and civil suits
involving little amounts of money. Trial courts of general jurisdiction handle
felonies, criminal and equity cases. Appellate courts can hear cases from the
trail court and have the authority to appeal the verdict of those courts.
4. What are the four dierent ways judges are selected? What are the
advantages and disadvantages of each?
Answer; The 4 ways judges are elected are by appointment of the governor and
election by legislature, popular election, merit selection, and judicial conduct.
When Judges are appointment by the governor, they are then conrmed by the
state senate. This usually occurs when a prior judge has retired or died. In a
popular election, people vote for judges based on their decisions and objectivity.
The merit selection is when a vacancy occurs and a special nominating
commission occurs—3 layers and 3 citizens appointed by the governor and the
chief justice nominate 3 candidates.
5. Describe the dangers of hotly contested judicial elections.
As judicial elections have become more hotly contested, campaign spending has
escalated. This puts pressure on candidates to raise money in election years.
There is increased reliance on TV advertisements. Candidates regularly face
attack ads that are aggressive and serve to target specic candidates in a hostile
manner. Even though more people are getting involved in judicial elections, the
campaigning processes are become extremely un-civil and serve to attack the
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Catherine Boljen

  1. Explain how state courts differ from federal courts.

Answer: Each state court has its own court system. There are minor courts, trial courts and appellate courts. Minor courts handle misdemeanors which are mior violations of state and local laws. Trial courts on a state level are also called county courts and have circuit courts, superior courts, district courts and common pleas courts. In state courts, felonies are tried in trial courts.

  1. Describe the justice of the peace system and identify its chief weakness.

Answer: Justices of the peace are elected for short terms usually 2-6 years. There are no trained in the law and their authority is limited to performing marriages, notarizing documents, handling traffic violations and hearing misdemeanors and minor civil disputes. The main weaknesses are that these people are not trained in the law, so many times criminals go free because of the leniency of the judges.

  1. Define and discuss the duties of minor courts, trial courts of general jurisdiction, and appellate courts.

Answer: minor courts handle minor violations such as traffic cases and civil suits involving little amounts of money. Trial courts of general jurisdiction handle felonies, criminal and equity cases. Appellate courts can hear cases from the trail court and have the authority to appeal the verdict of those courts.

  1. What are the four different ways judges are selected? What are the advantages and disadvantages of each?

Answer; The 4 ways judges are elected are by appointment of the governor and election by legislature, popular election, merit selection, and judicial conduct. When Judges are appointment by the governor, they are then confirmed by the state senate. This usually occurs when a prior judge has retired or died. In a popular election, people vote for judges based on their decisions and objectivity. The merit selection is when a vacancy occurs and a special nominating commission occurs—3 layers and 3 citizens appointed by the governor and the chief justice nominate 3 candidates.

  1. Describe the dangers of hotly contested judicial elections.

As judicial elections have become more hotly contested, campaign spending has escalated. This puts pressure on candidates to raise money in election years. There is increased reliance on TV advertisements. Candidates regularly face attack ads that are aggressive and serve to target specific candidates in a hostile manner. Even though more people are getting involved in judicial elections, the campaigning processes are become extremely un-civil and serve to attack the

other candidate rather then be informative to interested parties.

  1. Describe the Missouri Plan and contrast it to one other judicial selection method. Which is better? Why?

The Missouri plan is a nominating process that is comprised of 3 lawyers and 3 regular citizens nominate 3 candidates. The governor selects one of those who serves as a judge for a year. At the next election, the voters are asked if this person should remain in office. If the voters agree, this person will serve a normal term of 6-12 years. If not, another person is elected. I think this is an efficient method in order to elect good, hardworking judges. These judges aren’t just automatically voted into a lifetime term because they knew the right people. These candidates are hand-picked by people in the same field, who know their strengths. This takes out the possibility that people will be elected just because they are friends with certain people in office, or of a conspiracy to put someone in office for the wrong reasons. Then, after they are elected , they will have a trail run to make sure they are a good fit. I think the fairest part is that the voters have the ultimate determination.

  1. Describe the pros and cons of the plea bargaining system.

When a plea bargain is offered, the prosecution offers to reduce the seriousness of the charge and sentence if the defendant will enter a plea of guilty to a lesser crime. Having the defendant plead guilty helps to save court costs, time and money of the judges, courts and attorneys. Sometimes, plea bargaining forces defendants to give up their rights and sometimes do not get off much more leniently by pleadings guilty to a lesser crime. However, with a plea bargain, prosecutors are able to dispose of cases quickly, avoid long drawn out trials, eliminate the risk of losing, and build up better conviction rates.

  1. Describe issues regarding the sentencing of convicted people.

Some issues regarding sentencing are that times have changed and sentencing convicted people is done for different reasons. Previously, sentencing was done for each prisoner to pay for what they had done. Now, sentencing is more for rehabilitation and takes in the opinion of psychologists and social workers to determine what mental illness each prisoner has.

  1. Describe two major issues facing prisons in the United States. What should be done to address them?

More people are imprisoned in the US than any other country. The public demands tough sentences for criminals, this leads to overcrowding in prisons and