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section 3 supplemental info

section 3 supplemental info - SECTION 3 BUL 4310...

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BUL 4310 SUPPLEMENTAL INFO, SECTION THREE , Spr 2011, © Robert Emerson SECTION 3, BUL 4310: SUPPLEMENTAL INFORMATION © Robert W. Emerson, January 1, 2011 31 Items 1. LAWYERS IN NATIONS OTHER THAN THE UNITED STATES – Different perspectives a. Japan To be Shihoh shoshi, the candidate needs to pass the national exam for Shihoh shoshi. The latest pass rate is about 2%, with the number of admitted candidates in 2005 just 883. Law Schools In April, 2004, a law school system very similar to the American law school system was introduced in Japan. A major purpose is to increase the number of lawyers. In principle, the person who graduates from the law school is allowed to take a bar exam. After graduation, a candidate is allowed to take an exam only three times in five year. In 2006, 1500 people - just 3% of the total number of candidates – passed the bar exam (source: Japan Federation of Bar Associations). Source: Koujien – the most authoritative Japanese dictionary, as translated by Yasuko Baccari for Robert W. Emerson . b. China DRAMATIC Presentation – the Author as an American Lawyer in the “Court” of the Emperor of China Practicing “Fu” (punishment, not law) Song-gun (shyster) Historically, there were Scribes, but not Advocates 2. LAWYERS AND PROCRASTINATION: a. The Reason for Procrastination b. A NEED FOR PREPARATION MORE THAN INNATE SKILLS – Abe Fortas vs. A Government Lawyer at the U.S. Court of Customs and Patent Appeals (now the U.S. Court of Appeals for the Federal Circuit)
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SUPP INFO, SECTION THREE - Emerson BUL 4310 SUPPLEMENTAL INFO, SECTION THREE , Spr 2011, © Robert Emerson 2 3. JURY STORIES: V oir dire answers General, catch-all question - “My wife is about to . . .” One reason for juries - the sheer numbers, the need for consensus, we hope, means that mistakes will be rare - Bull semen story 4. HOW JUDGES DECIDE A CASE: BALANCING OF RIGHTS AND DUTIES Example - Motel Maids Find Money and Turn It In ("No good deed goes unpunished!") - The Judge had no legal requirement to give the maids anything. But the Judge tried to balance between legal claims under statutes and the claims of the maids, out of fairness and to encourage reporting in the future. Balancing the law with individual circumstances crying out for a "bending" of the law; Balancing society's interests and those of individuals Balancing long-term and short-term interests Balancing the ideal versus the practical 5. THE FLORIDA SUPREME COURT (Read on Your Own) The Florida Supreme Court ( http://www.floridasupremecourt.org/ - lots of great information there!) consists of seven Justices, including the Chief Justice. Each is selected by the governor from a list of nominees chosen by a panel that includes representatives from the Florida Bar and the governor. Thereafter, the justice must stand for a retention election ("Yes" or "No" on keeping that justice on the court) every six years.
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