POL 250 Lecture Notes - Lecture 7: Adversarial Process, Group Dynamics, W. M. Keck Observatory
2 Oct 2017
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Right to an attorney: you aren"t provided with an attorney in a civil case. Federal district court judges aren"t interactive with parties. Judges have to respond to what happens in front of them. It"s not up to the judge to criticize a lawyer because they need to be passive. The limited ability of appellate court judges to actively engage the parties: federal court judges aren"t interactive with parties. A large portion of the majority opinion of the court of appeals was that the united states. Government didn"t meet its argument; it didn"t provide proof or back up its argument. Bench trial is a trial to the judge and the judge is the decision maker. When you get to the appellate court level, it"s still adversarial, however the passiveness starts to dial back. The parties get 30 minutes to get their argument in and the judge is going to ask questions during the time.
