3 ms·

> ...are all much more complex than the laws governing the cases that come before these low-level courts. The law is hardly a set of statutes. It's comprised o

> ...are all much more complex than the laws governing the cases that come before these low-level courts. The law is hardly a set of statutes. It's comprised of thousands of judicial opinions interpreting the code and articulating specific doctrines. Court made law is especially important in criminal law. It has nothing in common with reading a construction blueprint. It's honestly horrifying that there are people with legal authority that have no training applying the law.

lurquer 7y ago
Criminal law is literally a set of statutes. Small claims court (the name varies depending on the state, but we're talking about 'Judge Judy' type courts here) is for the quick resolution of minor disputes. In most states, the formal rules of evidence don't apply. And, in nearly all the states, one can appeal de novo the court's judgment to a 'real' court. My state recently implemented a requirement that these lower court judges have law degrees. The quality of the court ha suffered... instead of a retired businessperson who has an interest in his community, we end up with incompetent lawyers who can't make a living in private practice. Or, worse, some person straight out of lawschool with zero legal or life experience.
- danielisaac 7y ago
  > Criminal law is literally a set of statutes. Simply untrue in common law countries (e.g. the US). Criminal law is absolutely driven by judicial opinions and statutory interpretation. > In most states, the formal rules of evidence don't apply. This isn't about evidence. It's about interpreting many doctrines that vary wildly between states. A single statute (re: defenses, attempt, conspiracy, the requisite mens rea to hold someone liable) can yield totally different interpretations.
  - lurquer 7y ago
    You are clearly not a lawyer. Stay within your own lane. South Carolina magistrates handle minor criminal cases where the fine can't exceed $350 or 30 days in jail. Their jurisdiction in civil cases extends to matters involving less that $7500. As noted, if you disagree with the judgment, you get a brand new trial before the elected circuit court judge. There are no convoluted legal mysteries involving whether a tenant had paid rent (the majority of cases) or whether someone was speeding. All of the legal defenses and the like you mention can be raised by the litigant; they have every right to have an attorney. It's not the judge's job to defend the accused. The point of these courts is to have a quick way to resolve minor disputes in a forum where the litigant can feel comfortable representing themselves if they wish. If you want a 'real' court, you have every right to one.
    - danielisaac 7y ago
      This is my lane.
      - lurquer 7y ago
        How so?
    - dang 7y ago
      > You are clearly not a lawyer. Stay within your own lane. It's against the site rules to be rude in comments here. Would you mind reviewing https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html and sticking to the rules? When someone else is wrong, it's a great help to provide correct information, but please don't break the guidelines while doing so. Your comment would be just fine without those first two sentences.

lurquer 7y ago

Criminal law is literally a set of statutes. Small claims court (the name varies depending on the state, but we're talking about 'Judge Judy' type courts here) is for the quick resolution of minor disputes. In most states, the formal rules of evidence don't apply. And, in nearly all the states, one can appeal de novo the court's judgment to a 'real' court. My state recently implemented a requirement that these lower court judges have law degrees. The quality of the court ha suffered... instead of a retired businessperson who has an interest in his community, we end up with incompetent lawyers who can't make a living in private practice. Or, worse, some person straight out of lawschool with zero legal or life experience.

danielisaac 7y ago
> Criminal law is literally a set of statutes. Simply untrue in common law countries (e.g. the US). Criminal law is absolutely driven by judicial opinions and statutory interpretation. > In most states, the formal rules of evidence don't apply. This isn't about evidence. It's about interpreting many doctrines that vary wildly between states. A single statute (re: defenses, attempt, conspiracy, the requisite mens rea to hold someone liable) can yield totally different interpretations.
- lurquer 7y ago
  You are clearly not a lawyer. Stay within your own lane. South Carolina magistrates handle minor criminal cases where the fine can't exceed $350 or 30 days in jail. Their jurisdiction in civil cases extends to matters involving less that $7500. As noted, if you disagree with the judgment, you get a brand new trial before the elected circuit court judge. There are no convoluted legal mysteries involving whether a tenant had paid rent (the majority of cases) or whether someone was speeding. All of the legal defenses and the like you mention can be raised by the litigant; they have every right to have an attorney. It's not the judge's job to defend the accused. The point of these courts is to have a quick way to resolve minor disputes in a forum where the litigant can feel comfortable representing themselves if they wish. If you want a 'real' court, you have every right to one.
  - danielisaac 7y ago
    This is my lane.
    - lurquer 7y ago
      How so?
  - dang 7y ago
    > You are clearly not a lawyer. Stay within your own lane. It's against the site rules to be rude in comments here. Would you mind reviewing https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html and sticking to the rules? When someone else is wrong, it's a great help to provide correct information, but please don't break the guidelines while doing so. Your comment would be just fine without those first two sentences.