Assignment:
Discussion Question 1: Different Roles of a Lawyer
On a daily basis, lawyers wear many different hats and perform varied duties. A lawyer must adhere to rules that govern conduct in representing the client and at the same time perform duties as an officer of the court. Following these rules can prove a challenge considering time constraints, client needs and the needs of the court.
Based on your readings for the week and the above information, respond to the following:
- Describe the role of lawyers in the civil justice system.
- What is a lawyer's responsibility as an advocate?
- What is a lawyer's responsibility as an officer of the court?
- How might these roles contradict each other?
Justify your answers with examples and reasoning.
Discussion Question 2: Court Organizations and Jurisdiction
When making a decision to file a complaint, it is necessary to decide which court has the authority to hear a case. Sometimes it is proper to file a claim in the Federal Court and sometimes in the State Court. The lawyer must decide which court could hear the claim, based on jurisdiction and venue, and whether or not a jury or a judge should be the trier of fact.
Based on the information given above and your readings for the week, respond to the following:
- Describe the organization and interrelationship of state and federal courts. Also define and discuss jurisdiction, venue, and the role of juries.
- What jurisdictional issues must a court consider in determining whether it has jurisdiction in a particular case?
- How might res judicata be an argument against jurisdiction?
Justify your answers with examples and reasoning.