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Posted: September 11th, 2022
Chapter 4 – Courts and Alternative Dispute Resolution
Chapter 4 – Courts and Alternative Dispute Resolution Ought to You Consent to Have Your Enterprise Case Determined by a U.S. Justice of the Peace Choose?
FACT PATTERN
Tom Cruise has employed you away from the Washington Soccer Group and as soon as once more you’re employed straight with Tom Cruise – this time as his private legal professional. Thankfully for him, he made this smart resolution on the proper second. The 2020 Presidential Election is across the nook and a video parody of Tom Cruise is now on YouTube.
Tom Cruise takes exception to being accused of being a pimp in highschool and desires to sue YouTube. Honoring the desires of your shopper, you file a $10 million defamation lawsuit towards YouTube on behalf of Tom Cruise. As a result of YouTube is predicated in California and for the second Tom Cruise resides in Florida, you file a lawsuit in the US District Courtroom for the Central District of California and end up in a Riverside court docket room.
As Tom Cruise’s legal professional, you might be doing all the pieces in your energy to permit Tom Cruise to have his “day in court docket.” Sadly because of COVID associated restrictions, the case towards YouTube might not be heard for a number of years—and even longer. With Tom Cruise calling you every day asking you to “present him the cash” you understand you’ve gotten one card up your sleeve. Supplied that YouTube and Tom Cruise each agree, the case may be heard in only a few months if you happen to consent to position it within the fingers of a United States Justice of the Peace Choose.
A SHORT HISTORY OF U.S. MAGISTRATE JUDGES
Justice of the Peace Choose Sallie Kim of the US District Courtroom for the Northern District of California
Congress licensed the creation of a brand new federal judicial officer, the U.S. Justice of the Peace, in 1968 to Help cut back delays within the U.S. District Courts. These “inferior” federal officers have been to conduct a variety of judicial proceedings as set out by statute and as assigned by the District Courtroom Judges below whom they served. In 1979, Congress gave U.S. Justice of the Peace Judges consent jurisdiction, which licensed them to conduct all civil trials so long as the events consented. At the moment, Justice of the Peace judges get rid of over a million civil and prison district court docket issues, which embody motions and hearings.
Justice of the Peace (now Federal) Choose Sanket Bulsara
THE SELECTION AND QUALITY OF MAGISTRATE JUDGES
Federal District Courtroom Judges are nominated by the president, confirmed by the Senate, and appointed for all times. In distinction, U.S. Justice of the Peace Judges are chosen by Federal District Courtroom Judges within the district based mostly on the suggestions of a screening committee. Justice of the Peace Judges serve an eight-12 months time period (which may be renewed).
By statute, Justice of the Peace Judges have to be chosen via a benefit choice course of. Candidates are interviewed by a screening committee of attorneys and others from the district through which the place might be stuffed. The committee isn’t allowed to contemplate an applicant’s political get together affiliation.
A wide range of skilled attorneys, administrative regulation judges, state court docket judges, and others apply for Justice of the Peace choose positions. A typical opening receives a few hundred candidates (and is rising). The benefit choice panel selects the 5 most certified, who’re then voted on by the District Courtroom Judges.
As a result of the choice course of for a Justice of the Peace Choose isn’t the identical as for a District Choose, some critics have expressed considerations concerning the high quality of Justice of the Peace Judges. Some teams, resembling Folks for the American Manner, aren’t in favor of permitting Justice of the Peace Judges the facility to determine circumstances. These critics consider that due to their restricted phrases, they don’t seem to be fully immune from outdoors strain.
QUESTIONS PRESENTED
Since you might be representing Tom Cruise on this essential authorized motion, do you advocate to Tom Cruise that he consent to using a Justice of the Peace Choose to preside over the case towards YouTube? Why or why not?
Assume for the second that you simply wish to advocate to Tom Cruise to consent to using a Justice of the Peace Choose, what sort of info would you wish to analysis concerning the Justice of the Peace Choose earlier than discussing the matter with Tom Cruise?
Because you characterize Tom Cruise on this important authorized motion, would you advocate that he conform to have a Justice of the Peace Choose preside over the lawsuit towards YouTube? What’s the rationale, or why not?
Assuming you wish to persuade Tom Cruise to conform to using a Justice of the Peace Choose, what details about the Justice of the Peace Choose would you analysis earlier than making your advice?
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