Functions of Judges, Jurors, and Lawyers - Essay Example

Running Head: LEGAL ENVIRONMENT OF BUSINESS Legal Environment of Business of Your LEGAL ENVIRONMENT OF BUSNESS 2 The Function of Judges, Jurors, and Lawyers in our Legal System Discussion The Function of Judges in our Legal System Judges function as the final authority in disputes brought to his or her courtroom. A judge makes rulings on disputed issues of law and fact and makes certain the rules of procedure are followed. Judges are required to makes these decisions based on all applicable prior law, without personal bias, and regardless of whether they agree with the position taken by any party to the dispute. At the appellate level, judges review the decisions of lower courts. (Find Law 2011). On broader level, U.S. Supreme Court Justice Stephen Breyer recently argued during an event in downtown Little Rock, Arkansas that judges need to apply the Constitutions values with an eye toward the changing times. Breyer stated that “a judges job is to figure out how the Founding Fathers values apply to modern issues.” (CBS News 2011). The Function of Jurors in our Legal System In the United States our courtrooms operate under the adversary system. The finder of fact (the person or persons who decide which facts are the true facts) can be a judge or a jury. When the fact finder is a jury, the individual members of the jury, known as jurors, collectively decide the true facts. (Find Law 2011). LEGAL ENVIRONMENT OF BUSNESS 3 The standard of proof is different in criminal and civil cases. In a civil case the jury assesses the facts according to what they believe is “more probably true than not.” This has been compared to just going over the 50 yard line in football. In criminal cases jurors must be convinced that the facts are true “beyond a reasonable doubt.” The jurors must be representative of the community in which the trial is being conducted. (Find Law 2011). “At the beginning of the trial, the judge may order that more jurors be seated than are required for the verdict. These extra jurors are known as alternate jurors, and they are selected to guard against the possibility that some of the jurors will become ill or otherwise be unable to complete the trial. An alternate would attend the trial along with the regular jurors, but would not be called to participate in reaching a verdict unless one of the regular jurors was unable to continue. … it is important for alternate jurors to always pay attention to testimony because they may be required to participate in the verdict should another juror be unable to complete his or her service.” (Find Law 2011). The ultimate goal of our justice system is to accurately determine the truth. In the United States the majority feel that an impartial jury is the best way to arrive at the truth. The Function of Lawyers in our Legal System Lawyers are the link between our legal system and the society that legal system affects. The legal system affects society in almost everything the people in our society may do. For this reason lawyers are held to the highest degree of responsibility and ethical conduct. (Find Law 2011). LEGAL ENVIRONMENT OF BUSNESS 4 Illustrative of how all-encompassing our legal system affects the society in which we live is to consider the many different things different types of lawyers do in their work. A lawyer may be an advocate in criminal or civil court either as a plaintiff or defense lawyer or as a prosecutor. The lawyer may advise clients about their rights and responsibilities or about business and personal matters. The lawyer may practice law in a number of different areas, including but not limited to bankruptcy, probate, international, elder, or environmental law, intellectual property, insurance transactions, contracts and tort law. The lawyer may work for the poor and disadvantaged for free, known as pro bono work. (Bureau of 2011). Whatever capacity a lawyer is acting in and whatever function in which the attorney is serving our legal system, researching the intent of applicable laws and judicial decisions that apply to the case they are then handling is a large part of a lawyer’s work. The Type of Cases that may be Decided in the Federal System According to Article III, Section 2 of the United States Constitution, Federal courts can only hear two types of cases. First are those with diversity of citizenship defined as where the amount in controversy exceeds $75,000 and the parties reside in different states. Second is where a federal question is involved. Examples of federal question lawsuits would be cases that involve bankruptcy, cases between high ranking public officials, patent, copyright and trademark cases, admiralty, antitrust, and military matters, United States tax matters, veteran’s appeals and securities and banking. (Find Law 2011). LEGAL ENVIRONMENT OF BUSNESS 5 There are 94 U.S. District Courts in the United States and these are courts of original jurisdiction meaning most federal cases begin there. There are 13 U.S. Circuit Courts of Appeal in the United States. These courts review only mistakes of law in the District Court. Finally, there is one United States Supreme Court which mostly reviews decisions of the U.S. Court of Appeals. The Supreme Court makes the sole decision on whether to hear such cases. (Bureau 2011). The Differences between Judicial Activism and Judicial Restraint Judicial activism is when courts do not limit their rulings to the issues brought before them. Instead, the judge rules in a broad fashion which, in effect, establishes a new rule of law. Creating new law is the power of the Congress and, therefore, in such cases courts are said to be “legislating from the bench.” The purpose of judicial activism is for liberals to ignore public opinion and public debate. (About 2011). An example of judicial activism would be the California courts where judicial activism occurs often. For example, the California Supreme Court legalized gay marriage regardless of the fact that California voters had previously approved Proposition 22 which recognized only traditional marriages between a man and a woman. (About 2011). Judicial restraint is the opposite of judicial activism. Judges who practice judicial restraint rule only on the issues before them and follow the law on those issues previously adjudicated by higher courts (known as “stare decisis”). Those judges that practice judicial LEGAL ENVIRONMENT OF BUSNESS 6 restraint have respect for the separation of powers of government and do not make new law because they limit themselves to interpreting existing law. (About 2011). Grutter v. Bollinger – The Conflict, the Outcome and the Reasons If a short introduction may be allowed? The Grutter case is complex and would support a much more detailed examination. Due to the space limits here, I would like to give general summarized answers to the three part question’s most important aspects. The conflict is that plaintiff, a white female, alleges that her law school application was rejected and she was discriminated against by defendants because the defendants used race as a predominant factor in granting admission. Defendants admit to using race, but only as a single criteria among many others. (Duke 2003). The lower District Court ruled in favor of the Plaintiff. The District Court of Appeals reversed and ruled in favor of the defendants. The United States Supreme Court, in a split decision, affirmed the appellate court on June 23, 2003 on the most important affirmative action issue. (Supreme 2003). The decision was said by many commentators to broaden the earlier Bake case and past policy. Arguments against the decision stated that treating people different on account of race is always wrong. According to Bacon (2003), the United States Supreme Court held that American constitutional law allows “the state to treat people differently based on their race, if the treatment passes strict judicial scrutiny. To pass this test, the racial difference in treatment must serve a compelling state interest, in a narrowly-tailored manner. In Grutter v. Bollinger, the U.S. Supreme Court held that "student body diversity" qualifies as such an interest, that can justify a LEGAL ENVIRONMENT OF BUSNESS 7 narrowly-tailored use of race in university admissions.” (Bacon, Perry 2003). In other words, it can be done, but make it less obvious and use it as lightly as possible. LEGAL ENVIRONMENT OF BUSNESS 8 References About.com. (2011). Retrieved from http://www.usconservative.about.com. On April 29, 2011. Bacon Jr., Perry. (2003). And the Winner is…Affirmative Action. Time. Retrieved from http://www.time.com/time/action/article. Bureau of Labor Statistics. United States Department of Labor. Retrieved from http://www.bls.gov on April 30, 2011 CBS News. (2011). Business. Retrieved from http://www.cbsnews.com. Duke Law (2011). Duke University. Retrieved from http://www.lawduke.edu/public law. Find Law. (2011). Thomson Reuters. Retrieved from http://www.public.findlaw.com on April 30, 2011 Supreme Court of the United States. (2003). 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