Lawyers, and who are supervised by a given

 

 

 

 

 

 

Lawyers,
Litigants, and Interest Groups in the Judicial Process

Student
Name

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Institution
Affiliation

 

Lawyers,
Litigants, and Interest Groups in the Judicial Process

Introduction

            Verdicts as regard filing or filed lawsuits involving
litigants locked in a standoff are conventionally determined in courtrooms or a
broader scheme judicial arena based on argument staked by the litigators. To
this end, Plaintiffs and defendants require the services of a lawyer to
represent and facilitate clients’ interests in their most desirous fashion
before the judge. Usually as of this effect, in conventional contemporary
American society, the three actors namely lawyer or the litigator, Interest group
and the litigants play vital roles in settling scores. Conversely disagreeing
parties usually in less important cases can navigate through their standoff at
levels of minor forums; for which purpose legal exegetes might not be
solicited.

?Question 1

            Lawyers
in American society act in the capacity of private defenders in a legal,
judicial process. Indigent defendants thus by-law enjoy the right of being
represented by an attorney either of their choice on condition that they bear
the expenses, be accorded representation by a public defender or state
attorney, these, by and large, are applicable in criminal penal code.

As of civil case, none
of the litigants has a constitutional entitlement to be represented by any
attorney.

             Lawyers also have
the responsibility to represent US government as federal prosecutors for the
prosecution of criminal cases in district courts and also to determine civil
cases to put to trial and which ones to settle outside courtrooms. They are
also crucial players in making policies concerning trial courts at federal
ranks (Castillo, 2013).

            They are also eligible to serve as state prosecutors
known as state attorneys who prosecute offenders who violate the state criminal
laws or statutes as in the state criminal penal codes. Plea bargaining is an
acceptable method of handling majority of these cases while others may be
dropped due to time constraints and pile-up.

            They can act as public defenders for the clienteles who
cannot meet the expenses ascribed to hiring a private defender. Thus the
government provides modality to ensure US indigent defendants are equally
represented at the expense of the government.

             Lawyers are also
hired to work in appellate courts instead of trial courts. An example is such
that a team of attorneys designated to handle legal affairs affecting the state
and who are supervised by a given attorney general.

            Lawyers also serve at the US department of justice to
represent the government at the federal level when sued or if there is need to
initiate a lawsuit. A case in point is the office of the solicitor general
which is very crucial in cases taken to Supreme Court. The department has many
legal branches, and each is equipped with teams of specialized legal minds
under the supervision of deputy attorney general.

Question 2

            Stratification on the legal profession in regards to
quality delivery of legal services and examples is most commonly prevalent in
the modern legal market.

The Professional
stratification has been begotten by the fact that lawyers encounter different
settings and varying environment during exploitation of their career training,
some of which are relatively more profitable,

and some far much
better than others on fronts of terms and conditions. The bottom line of this
stratification is that those specialized in serving larger institutions and
businesses are ranked at the top while those handling individual cases take the
lowest hemisphere.

             Bigger and
established law firms are less known for physically appearing in courts but
rather offer their counsels to their clienteles. The clientele usually ranges
in the caliber of large corporations and the compensation has to be
commensurately at par with the level of quality of services offered. Some of
these firms offer pro bono services to formations like in civil and
environmental organizations.

            In such of these large firms, there are partners who own
the firm and receive fractions of the profit and associates who on the other
hand get salaries, and they are employed by partners. About quality delivered
in this profession, national firms such as these tap the best potential in
fresh graduates and as a result, lead to competition among law schools.

A case in point is
where some of these law firms have at least 250 lawyers and still employ
paralegals to handle some legal routines.

    Immediate in this rank are attorneys who
give their legal services to large corporations as under-the-roof counsel, and
they also compete with national firms to get the best graduates in the legal
market. Thus the competition adds an impetus to the quality of legal services.
The attorneys among other roles specialize on checks and balances on hiring and
removal by ensuring comportment with the federal as well as state statutes
concerning the above two, educating employees on laws and regulations concerning
their jobs and also give counsels to the board of directors on matters
pertaining to sale of stocks, contracts and where necessary on every aspect of
business requiring legal intervention.

          Lawyers at the lowest stratum are
those who represent clients with injury suits, majority of which are personal.
They frequent courtrooms. Other cases they normally handle include: divorce
proceedings, drafting of wills and legal requirements in real estate ventures.

 The plaintiffs’ lawyers initiate lawsuits
while the defense attorneys defend those accused of violation of civil or
criminal statutes.

Question 3

            Role of interest group in judicial process and how
impartial and unbiased judicial process can allow participation of such

This is a body of
individuals with common goals and makes every attempt to take part in public
policy. Interest groups are majorly known to influence decisions by the
legislative arm and as well as the executive branch. In pursuit of their legal
policies, and being unable to directly influence legislative arm, they resort
to hiring lawyers to articulate legal provisions to base cases in court.

            They are convenient mouthpieces for US citizens in making
their views and grievances known to the government and any other body of interest.
These can exist in the form of labor unions through which they strike a
collective bargaining in a judicial process; another example is legal
professional associations through which lawyers can unwaveringly focus on the
gist of their interests

Interest groups also
play a vital role in providing information on topical and constitutional issues
in tandem with Congress and executive organs especially ones undergoing a
judicial process. Amicus curiae can submit briefs to help lobby for some
special public interest in cases of national importance.

            Interest groups may provide support to the issues
launched by other parties or individuals different from them. Those which bear substance
to a given group for example lobbies for people with special needs in America
are taken into consideration. An example was religion freedom by Yoder
Wisconsin which was defended by a group of Amish faith members. Another example
of public interest group defended civil rights of African-American when they
had the stalemate with the local authorities in 1950s civil protests in the
United States. Yellin, (1983)

            The
unbiased judicial system can facilitate the participation of such groups
through decentralization under federalism which defines the United States
system of governance. This limits interferences at federal levels and all
states-based interest groups can lobby at the state levels and then in a
snowball effect combines with groups of similar interests.

  American society can empower these groups
through freedom of speech, association and press freedoms and limit any undue
interference on constitutional frameworks that undergird the same.

American society has
ensured impartiality by instituting a strong and independent judiciary and with
proper constitutional separation of powers.

 

 

?

 

References

Castillo
Ortiz, P. (2013). ‘Playing the Judicial Card’: Litigation Strategies during the
Process of Ratification of the Lisbon Treaty. European Law Journal, 20(5),
630-648. http://dx.doi.org/10.1111/eulj.12073

Hall,
M. (2009). Experimental Justice: Random Judicial Assignment and the Partisan
Process of Supreme Court Review. American Politics Research, 37(2), 195-226.
http://dx.doi.org/10.1177/1532673×08324887

Yellin,
S, Hrebenar, R., & Scott, R. (1983). Interest Group Politics in America.
Contemporary Sociology, 12(2), 216. http://dx.doi.org/10.2307/2066790

 

 

 

Lawyers,
Litigants, and Interest Groups in the Judicial Process

Student
Name

Institution
Affiliation

 

Lawyers,
Litigants, and Interest Groups in the Judicial Process

Introduction

            Verdicts as regard filing or filed lawsuits involving
litigants locked in a standoff are conventionally determined in courtrooms or a
broader scheme judicial arena based on argument staked by the litigators. To
this end, Plaintiffs and defendants require the services of a lawyer to
represent and facilitate clients’ interests in their most desirous fashion
before the judge. Usually as of this effect, in conventional contemporary
American society, the three actors namely lawyer or the litigator, Interest group
and the litigants play vital roles in settling scores. Conversely disagreeing
parties usually in less important cases can navigate through their standoff at
levels of minor forums; for which purpose legal exegetes might not be
solicited.

?Question 1

            Lawyers
in American society act in the capacity of private defenders in a legal,
judicial process. Indigent defendants thus by-law enjoy the right of being
represented by an attorney either of their choice on condition that they bear
the expenses, be accorded representation by a public defender or state
attorney, these, by and large, are applicable in criminal penal code.

As of civil case, none
of the litigants has a constitutional entitlement to be represented by any
attorney.

             Lawyers also have
the responsibility to represent US government as federal prosecutors for the
prosecution of criminal cases in district courts and also to determine civil
cases to put to trial and which ones to settle outside courtrooms. They are
also crucial players in making policies concerning trial courts at federal
ranks (Castillo, 2013).

            They are also eligible to serve as state prosecutors
known as state attorneys who prosecute offenders who violate the state criminal
laws or statutes as in the state criminal penal codes. Plea bargaining is an
acceptable method of handling majority of these cases while others may be
dropped due to time constraints and pile-up.

            They can act as public defenders for the clienteles who
cannot meet the expenses ascribed to hiring a private defender. Thus the
government provides modality to ensure US indigent defendants are equally
represented at the expense of the government.

             Lawyers are also
hired to work in appellate courts instead of trial courts. An example is such
that a team of attorneys designated to handle legal affairs affecting the state
and who are supervised by a given attorney general.

            Lawyers also serve at the US department of justice to
represent the government at the federal level when sued or if there is need to
initiate a lawsuit. A case in point is the office of the solicitor general
which is very crucial in cases taken to Supreme Court. The department has many
legal branches, and each is equipped with teams of specialized legal minds
under the supervision of deputy attorney general.

Question 2

            Stratification on the legal profession in regards to
quality delivery of legal services and examples is most commonly prevalent in
the modern legal market.

The Professional
stratification has been begotten by the fact that lawyers encounter different
settings and varying environment during exploitation of their career training,
some of which are relatively more profitable,

and some far much
better than others on fronts of terms and conditions. The bottom line of this
stratification is that those specialized in serving larger institutions and
businesses are ranked at the top while those handling individual cases take the
lowest hemisphere.

             Bigger and
established law firms are less known for physically appearing in courts but
rather offer their counsels to their clienteles. The clientele usually ranges
in the caliber of large corporations and the compensation has to be
commensurately at par with the level of quality of services offered. Some of
these firms offer pro bono services to formations like in civil and
environmental organizations.

            In such of these large firms, there are partners who own
the firm and receive fractions of the profit and associates who on the other
hand get salaries, and they are employed by partners. About quality delivered
in this profession, national firms such as these tap the best potential in
fresh graduates and as a result, lead to competition among law schools.

A case in point is
where some of these law firms have at least 250 lawyers and still employ
paralegals to handle some legal routines.

    Immediate in this rank are attorneys who
give their legal services to large corporations as under-the-roof counsel, and
they also compete with national firms to get the best graduates in the legal
market. Thus the competition adds an impetus to the quality of legal services.
The attorneys among other roles specialize on checks and balances on hiring and
removal by ensuring comportment with the federal as well as state statutes
concerning the above two, educating employees on laws and regulations concerning
their jobs and also give counsels to the board of directors on matters
pertaining to sale of stocks, contracts and where necessary on every aspect of
business requiring legal intervention.

          Lawyers at the lowest stratum are
those who represent clients with injury suits, majority of which are personal.
They frequent courtrooms. Other cases they normally handle include: divorce
proceedings, drafting of wills and legal requirements in real estate ventures.

 The plaintiffs’ lawyers initiate lawsuits
while the defense attorneys defend those accused of violation of civil or
criminal statutes.

Question 3

            Role of interest group in judicial process and how
impartial and unbiased judicial process can allow participation of such

This is a body of
individuals with common goals and makes every attempt to take part in public
policy. Interest groups are majorly known to influence decisions by the
legislative arm and as well as the executive branch. In pursuit of their legal
policies, and being unable to directly influence legislative arm, they resort
to hiring lawyers to articulate legal provisions to base cases in court.

            They are convenient mouthpieces for US citizens in making
their views and grievances known to the government and any other body of interest.
These can exist in the form of labor unions through which they strike a
collective bargaining in a judicial process; another example is legal
professional associations through which lawyers can unwaveringly focus on the
gist of their interests

Interest groups also
play a vital role in providing information on topical and constitutional issues
in tandem with Congress and executive organs especially ones undergoing a
judicial process. Amicus curiae can submit briefs to help lobby for some
special public interest in cases of national importance.

            Interest groups may provide support to the issues
launched by other parties or individuals different from them. Those which bear substance
to a given group for example lobbies for people with special needs in America
are taken into consideration. An example was religion freedom by Yoder
Wisconsin which was defended by a group of Amish faith members. Another example
of public interest group defended civil rights of African-American when they
had the stalemate with the local authorities in 1950s civil protests in the
United States. Yellin, (1983)

            The
unbiased judicial system can facilitate the participation of such groups
through decentralization under federalism which defines the United States
system of governance. This limits interferences at federal levels and all
states-based interest groups can lobby at the state levels and then in a
snowball effect combines with groups of similar interests.

  American society can empower these groups
through freedom of speech, association and press freedoms and limit any undue
interference on constitutional frameworks that undergird the same.

American society has
ensured impartiality by instituting a strong and independent judiciary and with
proper constitutional separation of powers.

 

 

?

 

References

Castillo
Ortiz, P. (2013). ‘Playing the Judicial Card’: Litigation Strategies during the
Process of Ratification of the Lisbon Treaty. European Law Journal, 20(5),
630-648. http://dx.doi.org/10.1111/eulj.12073

Hall,
M. (2009). Experimental Justice: Random Judicial Assignment and the Partisan
Process of Supreme Court Review. American Politics Research, 37(2), 195-226.
http://dx.doi.org/10.1177/1532673×08324887

Yellin,
S, Hrebenar, R., & Scott, R. (1983). Interest Group Politics in America.
Contemporary Sociology, 12(2), 216. http://dx.doi.org/10.2307/2066790

 

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