how to write an essay about legal system

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 240,520 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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218 Essay about Court Examples & Topics

Need to write an essay about court system? Looking for a court case essay example? The issues of law and crimes are crucial in society are fascinating and worth exploring!

🏆 Best Court Topics for Essays

⚖️ court system essay topics, 👍 a+ court case essay examples, 👨‍⚖️ essay about court: samples, 💡 top judicial essay topics, ✍️ court essay topics for college.

In your court system essay, you might want to focus on American judicial system. Another idea is to discuss the theory and functions of criminal courts. One more option is to find some interesting legal issues and discuss them. Whether you’re planning to write an argumentative or analysis essay, this article will be helpful. It contains interesting court system essay examples, judicial essay topics, and ideas for your court essay.

• The Criminal Trial: Court Observation Report In this case, the accused was found guilty of the crime and the outcome of the judgment was that he would serve a minimum of ten years in prison.
• Casebrief, Based on the Supreme Court: State V Hoying W L Hoying fully acknowledging the violation of writing to the victim, which is in violation of the civil protection order asked Ms.
• Joseph Haydn’s Contract With the Esterhazy Court Joseph Haydn’s contract for work at the Esterhazy Court is a distinctive document that needs to be preserved because it explains the authorities’ attitudes to the music and composers in the eighteenth century.
• Greenman vs. Yuba Supreme Court Case As the result of the trial before the jury, the court acquitted the third party of this conflict the retailer where Mr.
• Harris vs. Forklift Systems Supreme Court Case The inference from this view is that Charles Hardy did not deprive Teresa Harris of equal rights for employment and was a person who was taught to disrespect women.
• The United States State and Federal Court Systems For example, if a person has a bank account in a particular state, then he or she is under the jurisdiction of this state’s court.
• Court Hearing Visit Report Despite the need to uphold the principle of the open justice, some courts are held in camera, that is, they are not open to the public.
• Vehicle Searches: The Carroll vs. US Court Case However, the court upheld that in line with the Fourth Amendment of the constitution, the security agents had to prove that they had a legitimate lead making them believe that the particular vehicle had contraband […]
• Larry Hillblom: Should Larry Junior Go to Court or Settle? Due to the fact that he did not stipulate that illegitimate children would be unable to receive an inheritance, anyone who could prove themselves to be a child of Larry Hillblom would be a legitimate […]
• “Supreme Revenge: Battle for the Court”: Documentary Analysis The content of the documentary is proof that the Judiciary is a political playfield for the Democratic and the Republican parties as they struggle for control.
• Court Structure in England and Wales The article below illustrates the hierarchical arrangement of the court structure in England and Wales. In England and Wales, the Supreme Court is the utmost court of petition.
• Benefits of Three-Tier Court System In the three-tier court system, there are the trial courts, the first appellate courts, and the U.S. Thus, the three-tier court system consists of a regional court, an appellate court, and a supreme court.
• Cyber Crimes: Court – United States vs. Ancheta Reasoning: The jury argued that the defendant conspired to violate the Computer Fraud Abuse Act as well as the CAN-SPAM Act, caused havoc to computer networks of the national defense department of the federal government, […]
• People vs. O’Neil Supreme Court Desicion In addition to the murder and involuntary manslaughter charges, the jury also charged the individual and corporate defendants with reckless conduct. Secondly, the defendants argued that the murder charges were inconsistent with the involuntary manslaughter […]
• Court Observation in Courts of Sydney Once inside the courtroom, he sits at the bench facing the rest of the court.the defense lawyers sit in the left side of the court, close to the dock, while the prosecution sits on the […]
• The R v Gordon Wood Case and Court Decision It was brought to the attention of the judge that a week before Caroline was found dead, she had been seen in the company of the accused at a city fitness centre.
• Dow Jones & Company Inc. vs. Gutnick: The Australian Court’s Conclusion The paper starts with the details of the case, including the factual and procedural background thereof, proceeds to the judgment summary of the case and the analysis of the questions that the court ruling have […]
• Loving vs. Virginia Supreme Court Case Since the couple pled guilty, the judge refused the appeal which led the case to be taken to the Virginia Supreme Court of Appeals.
• A Case Against Polygraph Evidence Admissibility in Court The survival of any civilization depends on the establishment of laws of conduct and the following of the same by all the members of the society.
• The International Criminal Court Thus, it is essential to formulate the strengths and weaknesses of the ICC and Victor’s justice and to describe the relationship with the U.S.
• Supreme Court’s Decision in Tinker vs. Des Moines Nevertheless, the court protected the school and claimed the reasonability and fairness of its actions regarding the suspension of the students.
• Intake Officers in Juvenile Court System The final duty of the Intake officer is to determine whether it would be safe to release the juvenile or not.
• International Court of Justice: Definition, History and Importance The purpose of the court is to serve as the organ of judicial arbitration between countries that are members of the United Nations; it is also the organ that gives legal advice to the UN […]
• Case Brief on Reynolds vs. Sims The inadequate apportionment presented in the Alabama legislature deprived voters of rights stipulated in the Fourteenth Amendment and in the Alabama Constitution.
• United States Supreme Court Justices It should be noted that the role of judges is to guarantee fair decisions to the parties to the process. Accordingly, in an adversarial process, the role of the judge is to control the process […]
• Supreme Court’s Decision in McGirt v. Oklahoma In my view, the ruling revealed the fact that Oklahoma has, for a long time, ignored the requirement that Congress is the sole entity with the power to establish the boundaries of a tribal reservation.
• Nurses in the Court, Licensure, and Regulation Nursing licensure refers to the process in various regulatory bodies, such as the Board of Nursing, to ensure that the nursing practices are within its jurisdiction.
• “The Supreme Court: Home to America’s Highest Court” Documentary In this documentary, Chief Justice John Roberts discusses the principal goal of the Supreme Court and the West Plaza, the site of several public protests.
• The American Government and Supreme Court Composition If the current Supreme Court judges were to hear the case, they still would uphold the ruling because it reflects their beliefs of defining the US as a haven dedicated to respecting human rights and […]
• Court Cases Concerning Nursing Education In the process, the question is whether the court’s ruling in favor of the nurse and against the doctor can be justified by a sufficient purpose.
• Enea vs. Superior Court of Monterey County: Case Analysis The issue for determination is if actions that have a negative impact on the profits of the business constitute a breach of fiduciary duty, even though the partnership agreement does not specifically ban such behavior.
• The Griffin vs. California Supreme Court Case In the court, Griffin refused to testify, and according to a prosecutor, the defendant’s choice was evidence of guilt. In turn, it is the responsibility of the prosecution to prove the defendant’s guilt based on […]
• Discussion Thread: International Court As well known, in the aftermath of World War II, the Allies proposed the creation of an international court for the persecution of war criminals, which became known as the International Court of Justice, later […]
• State vs. Anderson: Supreme Court Summary With its main purposes to obtain, store, and review information received from fingerprints, the AFIS system is fundamental in the investigation of criminal cases.
• Supreme Court: Originalism and Textualism Regardless of the decision to be made, conservative Supreme Court Justices are going to be split because of the misinterpretations of the new approach called textualism.
• European Court of Justice Case Analysis Therefore, the company’s vehicles that featured the defeat device in the engine were prohibited per Article 5 of Regulation No 715/2007.
• Being Outside International Criminal Court Jurisdiction The regime gives the ICC power to assert its jurisdiction in that particular nation as long it is a member nation of the court.
• Employee Benefits Program for Supreme Court Justice They are also a guarantee of the independence of the Supreme Court Justice representative in the performance of his duties. In case of the death of a representative of the Supreme Court Justice related to […]
• United States vs. Nixon Landmark Supreme Court Decision Nixon case happened in 1974 is one of the most critical decisions of the Supreme Court of the United States because it rejected the privileges that the head of the state supposedly had.
• The Supreme Court Chief Justice Position: Recruitment Plan Afterward, the Chief Justice of the Supreme Court must be appointed by the President, with the following approval by the Senate. As a result, fairness and the absence of bias in court judgment will be […]
• Transferring a Defendant to an Adult Court In the given case, it seems pretty challenging to transfer the defendant to the adult court due to the number of mental challenges.
• Legal Trends of In-Court Accommodations This study by Celik owes that disclosure of cases of child sexual abuse is directly related to the individual and environmental factors in different age groups.
• Section 2339B of the US Code in Court Case To begin, the court concluded that the legislation was clear since the sections of the Act that pertained to the plaintiffs’ anticipated behavior were specified explicitly.
• The Sanowicz vs. Bacal Court Appeal Case I would like to appeal to the decision made by the Court that has concluded that a referral fee must be paid despite the lack of the necessary agreement.
• Addressing and Respecting Citizens’ Rights in Supreme Court Facts of The Case: Harriet Louise Adderley is the representative of the group of protesting students. The primary aim of the students was to protest for the releasing their black friends from the non-public prison.
• The Supreme Court’s Cancellation of Vaccines One of the points of view is that the COVID situation is getting worse, and the mandate was a logical continuation of Biden’s policy to combat coronavirus.
• The Brewer vs. Williams Supreme Court Case Williams became the main suspect of the young girls’ abduction after a young boy confessed to have seen him at the YMCA packing his car a large bundle of clothes with “skinny and white legs” […]
• McKinney vs. Arizona Case and Court Decision The Arizona Supreme Court upheld the state appellate jury’s ruling, holding that a court may perform a re-evaluation of the contributing instead of a jury in cases involving the death sentence.
• Civil War and Supreme Court: The Enforcement of the Slave-Trade Laws I believe the leading causes of the American Civil war were the fight over the moral issue of slavery and political differences between the Southern and Northern American states.
• The Supreme Court Decision on the Right to Same-Sex Marriage The decision of the Supreme Court on the constitutional right of citizens to same-sex marriage is a significant event in the history of the development of modern democratic society.
• Diana Levine vs. Wyeth at the Supreme Court Diana Levine sued Wyeth at the Vermont Supreme Court, seeking compensation from the defendant for improperly written instructions to Phenergan that resulted in the amputation of one of the plaintiff’s limbs; litigation continued in the […]
• Washington vs. Texas Court Case No. 649: Issue, Facts, and Summary Still, the court authorities denied him a request to listen and consider the testimony of a witness or an accomplice, because of which the court’s verdict turned in the opposite direction.
• Marbury vs. Madison: A Landmark Supreme Court Case However, one of these judges, William Marbury, wanted to ask the Supreme Court to issue a writ of mandamus, a mandate, meaning that something that happened in case of his appointment would not be delivered […]
• Criminal Court System in U.S. As a result, one gains an in-depth insight into the subject matter and becomes capable of improving it to reduce the threat of a mistrial, The stages of a court process may vary depending on […]
• Louisiana District Court: Role, Structure, and Jurisdiction Criminal District Court in Orleans Parish has supervisory jurisdiction over the municipal and traffic courts. There is a total of 42 district courts in the state, executing jurisdiction of criminal and property-related cases.
• Court Proceedings Experiential Report The practical experiences of the proceedings both confirmed and challenged some of the information that I have learned about the structure of a trial.
• Intellectual Property: The Supreme Court’s Ruling in Eldred vs. Ashcroft The other relevant information to be shared on the basis of this case encompasses the copyright and patent clause that accords the Congress with the power to provide authors the authority of controlling the use […]
• The Institution of the US Supreme Court The institution was designed as a check on the power of the legislative and the executive branches of the federal government.
• The Supreme Court’s Internet Sales Tax Decision The added input leads to an increase in products’ prices, making it hard for e-commerce startups to compete with other large-scale retailers and wholesalers.
• A Comparison and Contrast of Two Court Rulings Furthermore, he or she has a duty to act in the protection of others should a patient present a threat. In a situation closer to that in Estates of Morgan v.
• Using Victim Impact Statements and Defendant’s Sentencing Memorandums in Court Thus, I consider these documents to be of high importance, and the jurisdiction should give it more attention the punishments will only become more realistic.
• Alternative to Incarceration (ATI), Treatment Court The Los Angeles County Department of Mental Health later developed a forensic mental health court diversion program that offered consultation services to courts on the management of criminals with psychiatric illnesses.
• Court Observation: Ausar Walcott’s Trial Some of the information to be presented includes the names of the parties in the suit, a summary of key facts, the jury’s verdict, and the relevant legal issues.
• How Canada’s Supreme Court Affected Administrative Law Principles The protection of the rights of a claimant should respond to the statutory scheme in an administrative decision and expectations of procedural protection.
• Conflicting Cases and the Contemporary Court Systems This paper will compare the constitutional framework of the U.S.and the UK, The cases in which the existing regulations collide with the essential Constitutional premises are quite few, yet they set the prime example of […]
• Court Rulings on Confidentiality in Healthcare In both Tarasoff and Morgan, the therapists contacted the relevant authorities in favor of the victim’s safety. The cases showed that individuals have a moral obligation to make decisions that infringe private information in favor […]
• Current Issues of Supreme Court Confirmation Process This fact ensures that the confirmation process is impartial, which contributes to the effectiveness of the Supreme Court by endorsing the candidates who have the most suitable skills and knowledge to occupy this position.
• Bordenkircher vs. Hayes, the United States Supreme Court, 1978 Is the Due Process Clause of the Fourteenth Amendment violated if, in the course of plea bargaining, a state prosecutor threatens the accused to be indicted on more severe charges if the respondent does not […]
• Court Cases Showing Various Law Arguments After further inquisitives, the Supreme Court realized that the need for the second appeal by the plaintiff was of no need.
• Current and Future Issues Facing Courts and Court Administrators The system of courts is structured in a way that both the innocent and the guilty have a chance to be heard.
• Court of Justice of the European Union (CJEU) and Consumer Contracts According to the European Commission, the solutions to such complex systems are in the freedom of contract. Rules may limit freedom of contract in some member states of the EU.
• The Practice of Sealing Juvenile Court Records The practice of sealing juvenile’s court records is indeed acceptable practice to some extent in most countries in the world. Recent surveys as analyzed in the article indicate that the locations where juvenile records are […]
• The Role of Expert Witness in Court Some court cases may require the services of an expert to enable the jurors and judges to have a better understanding of the underlying principles of the case in question.
• Design of a Drug Court System Offenders have a strong incentive in being members of the Drug Court in that they have the prospect of avoiding being in jail for as long as they abide by the rules and cooperate in […]
• Trial Court Functions, the Concepts of Schlichmann The term preponderance of the evidence means that the side that would provide greater evidence concerning the case would lead either the judge or the jury to take one side as opposed to the other.
• Juvenile Court System: 15-Year-Old Larceny Offender The facts of the case show that the juvenile is a first offender and is yet to attain the minimum age for criminal prosecution according to the state’s juvenile justice system.
• Supreme Court Eras. Brown vs. Board of Education The primary purpose of the paper is to provide the in-depth analysis regarding a possible decision made by the Supreme Court of the United States regarding the case Brown v.
• Court Unification and Juvenile Delinquency Speaking about the given issue, it is important to give the clear definition of this category and determine who could be judged by the juvenile court.
• The Warren Court’s Rulings and Criminal Procedure Police also inform the suspects that they have the right to an attorney that will be provided to them by the state if they cannot afford one.
• Court Requirements in Aguilar and Gates Cases However, the Supreme Court’s requirements for testing the validity of the evidence were not congruent: the major diversion point was the reliability of the source of information used in the process of the investigation.
• Policing and the Bill of Rights: Supreme Court Cases Jones case, the placement of a GPS device under a suspect’s car was interpreted as a violation of the Fourth amendment by the Supreme Court. In the United States v.
• Lechmere vs. National Labor Relations Board: Supreme Court’s Decision Lechmere Inc did not allow the organizers to use the lot, and they opted to use the public strip of land to distribute the handbills to employees entering in the morning and leaving in the […]
• Complex Foundations: Nottingham Magistrate Court The glass material used to form the walls of the court requires a strong support, hence the choice of the piling method.
• FCT V Stone : Court Case Analysis In particular, the court had to decide if the athletic activities of this person could be regarded as a form of business.
• Plea Bargaining in the Court System This is one of the main arguments that can be put forward. These are some of the suggestions that can be made.
• Bail and Pre-Trial Release Conditions Impact on Court Systems In this journal, Clark informs the world how the state of pre-trial release in tribal jurisdiction operates in the United States.
• Systematic Review of Drug Court Effects on Recidivism Although the article does not state the specific research question or hypothesis for the study, it is clear that the study wanted to address the question “what is the impact of drug courts on recidivism […]
• Effectiveness of the DUI Court In the last one decade, the relative success of drug courts has led to the establishment of a growing number of driving while impaired or driving under the influence courts across the U.S.
• The Structure of the US Court System and Determination of Truth There have been suggestions to study the inquisitorial system and adopt some of its features that could help to improve the determination of truth under the US adversarial system. It is thus advisable to redesign […]
• Jury Selection in Court First of all, some attorneys will hire psychologists to analyze the prospective jury pool and help pick out which jurors would be the most effective for the case at hand.
• In re Yamashita Case and Supreme Court’s Decision As a result, General Yamashita was the commander of all Japanese forces that were operating in Philippine, so he was responsible for their actions.
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The Trumpification of the Supreme Court

The conservative justices have shown they are ready to sacrifice any law or principle to save the former president.

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The notion that Donald Trump’s supporters believe that he should be able to overthrow the government and get away with it sounds like hyperbole, an absurd and uncharitable caricature of conservative thought. Except that is exactly what Trump’s attorney D. John Sauer argued before the Supreme Court yesterday, taking the position that former presidents have “absolute immunity” for so-called official acts they take in office.

“How about if a president orders the military to stage a coup?” Justice Elena Kagan asked Sauer. “I think it would depend on the circumstances whether it was an official act,” Sauer said after a brief exchange. “If it were an official act … he would have to be impeached and convicted.”

“That sure sounds bad, doesn’t it?” Kagan replied later.

The Democratic appointees on the bench sought to illustrate the inherent absurdity of this argument with other scenarios as well—Kagan got Sauer to admit that the president could share nuclear secrets, while Justice Sonia Sotomayor presented a scenario in which a president orders the military to assassinate a political rival. Sauer said that might qualify as an official act too. It was the only way to maintain the logic of his argument, which is that Trump is above the law.

David A. Graham: The cases against Trump: A guide

“Trying to overthrow the Constitution and subvert the peaceful transfer of power is not an official act, even if you conspire with other government employees to do it and you make phone calls from the Oval Office,” Michael Waldman, a legal expert at the Brennan Center for Justice, a liberal public-policy organization, told me.

Trump’s legal argument is a path to dictatorship. That is not an exaggeration: His legal theory is that presidents are entitled to absolute immunity for official acts. Under this theory, a sitting president could violate the law with impunity, whether that is serving unlimited terms or assassinating any potential political opponents, unless the Senate impeaches and convicts the president. Yet a legislature would be strongly disinclined to impeach, much less convict, a president who could murder all of them with total immunity because he did so as an official act. The same scenario applies to the Supreme Court, which would probably not rule against a chief executive who could assassinate them and get away with it.

The conservative justices have, over the years, seen harbingers of tyranny in union organizing , environmental regulations , civil-rights laws , and universal-health-care plans . When confronted with a legal theory that establishes actual tyranny, they were simply intrigued. As long as Donald Trump is the standard-bearer for the Republicans, every institution they control will contort itself in his image in an effort to protect him.

The Supreme Court, however, does not need to accept Trump’s absurdly broad claim of immunity for him to prevail in his broader legal battle. Such a ruling might damage the image of the Court, which has already been battered by a parade of hard-right ideological rulings. But if Trump can prevail in November, delay is as good as immunity. The former president’s best chance at defeating the federal criminal charges against him is to win the election and then order the Justice Department to dump the cases. The Court could superficially rule against Trump’s immunity claim, but stall things enough to give him that more fundamental victory.

If they wanted, the justices could rule expeditiously as well as narrowly , focusing on the central claim in the case and rejecting the argument that former presidents have absolute immunity for acts committed as president, without getting into which acts might qualify as official or not. Sauer also acknowledged under questioning by Justice Amy Coney Barrett that some of the allegations against Trump do not involve official acts but private ones, and so theoretically the prosecution could move ahead with those charges and not others. But that wouldn’t necessarily delay the trial sufficiently for Trump’s purposes.

“On big cases, it’s entirely appropriate for the Supreme Court to really limit what they are doing to the facts of the case in front of it, rather than needing to take the time to write an epic poem on the limits of presidential immunity,” Waldman said. “If they write a grant opinion, saying no president is above the law, but it comes out too late in the year, they will have effectively immunized Trump from prosecution before the election while pretending not to.”

Trump’s own attorneys argued in 2021, during his second impeachment trial, that the fact that he could be criminally prosecuted later was a reason not to impeach him. As The New York Times reported , Trump’s attorney Bruce Castor told Congress that “after he is out of office,” then “you go and arrest him.” Trump was acquitted in the Senate for his attempted coup after only a few Republicans voted for conviction; some of those who voted to acquit did so reasoning that Trump was subject to criminal prosecution as a private citizen. The catch-22 here reveals that the actual position being taken is that the president is a king, or that he is entitled to make himself one. At least if his name is Donald Trump.

David A. Graham: The Supreme Courts goes through the looking glass of presidential immunity

Democracy relies on the rule of law and the consent of the governed—neither of which is possible in a system where the president can commit crimes or order them committed if he feels like it. “We can’t possibly have an executive branch that is cloaked in immunity and still expect them to act in the best interests of the people in a functioning democracy,” Praveen Fernandes, the vice president of the Constitutional Accountability Center, a liberal legal organization, told me.

The only part of Trump’s case that contains anything resembling a reasonable argument is the idea that without some kind of immunity for official acts, presidents could be prosecuted on a flimsy basis by political rivals. But this argument is stretched beyond credibility when it comes to what Trump did, which was to try repeatedly and in multiple ways to unlawfully seize power after losing an election. Even if the prospect of presidents being prosecuted for official acts could undermine the peaceful transfer of power, actually trying to prevent the peaceful transfer of power is a much more direct threat—especially because it has already happened. But the Republican-appointed justices seemed much more concerned about the hypothetical than the reality.

“If an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent,” Justice Samuel Alito asked, “will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”

Trump has the conservative justices arguing that you cannot prosecute a former president for trying to overthrow the country, because then they might try to overthrow the country, something Trump already attempted and is demanding immunity for doing. The incentive for an incumbent to execute a coup is simply much greater if the Supreme Court decides that the incumbent cannot be held accountable if he fails. And not just a coup, but any kind of brazen criminal behavior. “The Framers did not put an immunity clause into the Constitution. They knew how to,” Kagan pointed out during oral arguments. “And, you know, not so surprising, they were reacting against a monarch who claimed to be above the law. Wasn’t the whole point that the president was not a monarch and the president was not supposed to be above the law?”

At least a few of the right-wing justices seemed inclined to if not accept Trump’s immunity claim, then delay the trial, which would likely improve his reelection prospects. As with the Colorado ballot-access case earlier this year, in which the justices prevented Trump from being thrown off the ballot in accordance with the Constitution’s ban on insurrectionists holding office , the justices’ positions rest on a denial of the singularity of Trump’s actions.

No previous president has sought to overthrow the Constitution by staying in power after losing an election. Trump is the only one, which is why these questions are being raised now. Pretending that these matters concern the powers of the presidency more broadly is merely the path the justices sympathetic to Trump have chosen to take in order to rationalize protecting the man they would prefer to be the next president. What the justices—and other Republican loyalists—are loath to acknowledge is that Trump is not being uniquely persecuted; he is uniquely criminal.

This case—even more than the Colorado ballot-eligibility case—unites the right-wing justices’ political and ideological interests with Trump’s own. One way or another, they will have to choose between Trumpism and democracy. They’ve given the public little reason to believe that they will choose any differently than the majority of their colleagues in the Republican Party.