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QUESTION

LGSCL_W1_DQ1&2

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. 

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.

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