Functions and Structures of Judicial Systems

It is often assumed that we instinctively understand the purpose of our judicial system. Yet we rarely pause to ask fundamental questions: Why do courts exist? What functions are they meant to serve? What challenges arise in carrying out those functions, and what limitations should be imposed? Reflecting on these questions and on our own perspectives can strengthen us as attorneys, client advocates, and officers of the court.

The structure of state and federal courts, the parameters of our tiered system, and the distinctions among civil and criminal, trial and appellate, and law and equity will be discussed. Simultaneously, the role of attorneys will be explored not only as advocates and counselors but also as intermediaries between clients and courts. In doing so, the course will address the often significant disconnect between how clients perceive the judicial system and how lawyers understand it, and will encourage thoughtful exploration of how those differing perspectives can lead to misunderstanding, ineffective communication, and frustration.

Designed for both new and experienced attorneys, this course offers a foundational structure for newer practitioners and a meaningful opportunity for seasoned lawyers to revisit core assumptions about courts, advocacy, and professional responsibility.

Learning Objectives:

1. Understanding the functions of the judicial system, together with differing viewpoints on those functions and expectations.
2. Examining challenges from multiple sources to implement those purposes, including the difficulties in discerning facts; conflicting interpretations of law, and the effects of our contemporary internet/digital world. 
3. Evaluating the structures of state and federal courts, jurisdictional issues, and varying judicial roles. 
4. Exploring the limitations of court structures and functions, and judicial responses to those limitations.
5. Determining alternative processes to the courts and whether they may or may not be better suited for certain purposes.