MJC Court System Discussion Assignment
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
MJC Court System Discussion Assignment
Now that we have studied the fundamentals of the court system as well as dispute resolution, I
would like you to think about how this system operates in reality.
More particularly, I want you to consider how the civil dispute resolution is financed in the
United States, specifically for small businesses and individuals.
In criminal cases, prosecutors earn a salary, paid by the government. Crime victims do not have
to pay for prosecution. Some defense attorneys are provided to defendants free of charge, in
accordance with the right to counsel in criminal cases provided by the Sixth Amendment. These
attorneys are also paid a salary by the government. Other times defense attorneys are hired by
defendants privately and paid directly by those defendants.
In civil cases, it is different. With very few exceptions, and almost none in business cases, the
parties to the case pay for their own attorneys. Usually, the attorneys are paid by the hour. It is
not at all uncommon for attorneys to charge hundreds of dollars per hour. In addition, in us
civil litigation system, there can be frivolous litigation, when a party sues someone for a
meritless reason.
In light of the foregoing, please answer the following questions.
- In civil cases, what is the conflict of interest between the attorney and the client? (Think of
how long, from a monetary standpoint, each of them wants the case to last.)
- How might this conflict of interest affect the course of a case?
- What happens if a client does not have enough money to pursue a meritorious case?
- What happens if a client does not have enough money to mount a defense? What if that client
has done nothing wrong, and is facing a frivolous lawsuit?
- Assume a small business delivered goods and should have been paid $50,000.00. Assume
further that, because of complexities of the case, pursuing a lawsuit would cost $100,000.00.
What would a prudent businessperson do? Is that fair?
With major publicly traded corporations, with lawsuits with hundreds of millions of dollars at
stake, these issues are not as salient. Spending $3,000,000.00 in attorneys’ fees to recover
$200,000,000.00 is worth it. However, as currently constituted, many small businesses and most
middle-class individuals simply cannot afford an attorney. They cannot afford access to justice.
They can be severely hurt, or even ruined, by frivolous litigation.
Nevertheless, the rule of law is supposed to be an important part of the American political
system.
- Is it fair, that in a system which relies on the rule of law, that access to justice should be a
product which the vast majority of people simply cannot afford?
- Is it fair that the justice system can be used as a weapon against people who cannot afford to
defend themselves?
- What changes could be made to make access to justice a reality for everyone in the United
States?
In writing your paper, I strongly suggest that you use the questions as headings, so it is clear the
question you are answering
MJC Court System Discussion Assignment
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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