Homework Assignment #2
1. What are the essential responsibilities of a trial judge?
The essential responsibilities of a trial judge are to safeguard public interests and the rights of the accused, treat each case individually, be sensitive to and respectful of all participants of the criminal trial.
2. Why have several states eliminated the requirement of unanimity in jury trials?
The First Congress eliminated the requirement of unanimity in jury trials. The Court concluded that this requirement used to be the common expectation.
3. a. Name the three (3) critical roles a lawyer serves in society.
3.b. Why have many lawyers and their business clients had such conflict in recent years?
In recent years, many lawyers and their business clients had conflict of interest. This conflict occurs when there is a risk that lawyers’ own interests or some other people will affect his representation of the client. There are two main reasons for these conflicts. Lawyers often ignore potential problems. They remember the previous and current clients and can predict the conflicts.
4. Mark, a citizen of the State of Georgia, was crossing a street in Atlanta when he was struck by a car driven by David, a citizen of California. The car was owned by David’s employer, a Delaware Corporation that has its principle place of business located in Atlanta, Georgia. Mark sues David in Federal District Court in Atlanta alleging damages in the amount of $500,000. In this case, does the Federal Court have the subject matter jurisdiction? Why or why not?
In this case, the Federal Court does not have the subject matter jurisdiction. It could have the subject matter jurisdiction, if the parties of the lawsuit were citizens of different states. Mark and David are from different states, but David’s car is owned by a Delaware Corporation located in Georgia. Since Mark is from Georgia too, there is no complete diversity.
5. What roles do reviewing or appellate courts play in the judicial process? How do they differ from trial courts?
If one of the parties does not agree with the trial court’s decision, they can appeal to reviewing or appellate courts. They differ from trial courts. Trial courts hear cases for the first time, as opposed to appellate courts. The decision of the trial courts affect smaller number of people, particularly those involved with the case. In the appellate courts, there is no new evidence.
6. DietCo makes and markets a product that it believed will help control weight by blocking the human body’s digestion of starch. The U.S. Food and Drug Administration (FDA) has classified the product as a drug under federal law and orders it removed from the marketplace until it can evaluate its use through testing. DietCo disputes the FDA’s actions and seeks to bring suit in the federal courts. Will the federal courts have jurisdiction to hear the case? Why or why not?
In this case, the federal courts will have jurisdiction to hear the case. This case is the source of federal question jurisdiction, because federal courts are allowed to hear cases with federal ingredient. The U.S. Food and Drug Administration is a federal institution, that is why the federal courts will hear the case.
