Question

Explain what each 5 main areas of tort are and explain why this civil area of law is practiced. What kind of situations fall under a tort? Please include present news sources for this. Why are attorney fees so high? Why are the judgments for the plaintiff so high? Please be detailed and thorough.

Answer 1

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Please find below answer to your question

A) Explaination of each five main areas of court

Abstract

Let us understand the Federal Court system and its structure in details to have the clarity of various function

The federal court system has three main levels : district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States which is the final level of appeal in the federal system.

The most important function of the court is The trial which is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered.

Below are the five main areas of US Court :

1) Due Process Function

It Protect individual rights like Freedom to Speech, Freedom to choose the religion and business, Right of Equality etc

2) Crime Control Function

It look after the Punishment and removal of criminals from society

3) Rehabilitation Function

It gives Treatment for offenders and ensure the maximum penalty, So that same crime should not be happen again.

4) Bureaucratic Function

It gives more focus on the Speed and efficiency of justice

5) Equal Justice for All

Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government.

In a civil case, a court settles a disagreement between two parties to recover damages or receive compensation

Below are the main types of US Court

1. Supreme Court. The Supreme Court is the highest court in the United States.
2. Courts of Appeals. There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals.
3. District Courts.
4. Bankruptcy Courts.

B) Explaination for why this civil area of law is practiced

The civil law system is often contrasted with the common law system, which originated in medieval England, whose intellectual framework historically came from uncodified judge-made case law, and gives precedential authority to prior court decisions

The vital role of the civil law today is to provide the foundations for legal institutions, doctrines and transactions at the basis of civil society and commercial law while balancing private rights with legal obligations and responsibilities

C) Example of situations fall under a Court

Example of Civil Law cases which are filed in the US Court are related to lawsuits for not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others.

D) Reasons for the attorney fees so high

This is because they pay the highest starting salaries and are prestigious names to have on the resume at the beginning of a legal career.

Another reason is that More expensive lawyers likely have a bigger support staff and therefore can devote more time and energy to actually litigating your case.

E) Reasons for the judgments for the plaintiff so high

Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.

In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint.

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