Question 1
Essential roles of trial judges are to establish privileges in courtrooms and qualifying privileges, while promoting fairness, morality and justice in the society. Judges are to uphold the constitution and the law of the jurisdiction that they occupy in the judiciary system. The judge assists claimants in solving issues amongst themselves by getting rid of the emotions and providing guidance to the claimants. The judge can achieve this on their own or with the help of a jury.
Question 2
Various states are accepting the use of non-unanimous verdicts due to the complex nature of certain cases. In some instances, the case involves more than a single offense, and hence a unanimous decision becomes difficult. The vote may be 10; 1 or 9; 1. In such instances, the court might see the necessity to use the non-unanimous verdict. However, criminal and civil cases are still expected to get a unanimous verdict. Only certain state law cases allow the use of the unanimous verdict.
Question 3
A
A lawyer has three fundamental roles in the society; they are considered expert technicians, effective leaders, and wise counsel. As expert technicians, lawyers offer their clients and others access to the complex mechanism of law. As wise counsel, lawyers are expected to give their clients a clear understanding of what is legal, and right at the same time. As an effective leader, a lawyer makes final decisions on vital matters which involve complex contemplations which might at times go beyond the law.
B
Conflicts between lawyers have become more common in recent days due to a conflict of interest between the two parties. A lawyer’s business, property, finances, personal interest, circumstances and relationships sometimes get in the way of their job, hindering their objectivity. The lawyer interacts with many individuals during their practice, and these relationships are beneficial to them, and not of any significant gain to the client.
Question 4
The federal court of Atlanta has jurisdiction over the subject matter. The suit in question involves a suit which exceeds the stipulated amount of 75,000 USD, which is required when the two parties involved belong to different states. However, the car that was involved in the accident belongs to a citizen of Atlanta, and since they may feel the necessity to join the defendants in court to avoid being liable for either party, the case remains under the jurisdiction of the federal court in Atlanta. Without the third party, the matter becomes a federal diversity case.
Question 5
The role of the appellate courts in the judiciary process is to ensure that trial courts apply the law during their practice. This is achieved by reviewing cases that have already been ruled by trial courts. Defendants and claimants who are not satisfied with the verdict given by the courts can appeal their cases before an appellant court. These courts are the highest in the judicial system and only deal with matters of extreme importance. The Supreme Court is the appellant court in the United States Judiciary system. Trial courts hear cases that are being presented in court for the first time, while appellant courts deal with cases in which the parties are dissatisfied with the primary decision by the trial court.
Question 6
The federal government has sovereign immunity and cannot be sued. Exceptions only occur when the federal government concedes to the suit. The government can only be used in instances when injuries arise from the performance of official duties by the government. Federal employees, agents and officials are however vulnerable to lawsuits.
