Running head: COURTS PRACTICES 1

Courts Practices

[NAME]

[COURSE]

[INSTRUCTOR]

[INSTITUTION]

[DATE]
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Courts Practices

Chapter No. 1

1.What is the function of courts in American society?

Courts in America serve the functions of upholding the law, protecting the individuals,

resolving disputes, and reinforcing social norms. They are primarily tasked to uphold such

criminal codes, found at both federal and state levels, that identify those actions by the individuals

which are not acceptable in the society as they cause social harm. Moreover, courts protect the

individuals by preserving their liberties and freedoms that are enshrined in the Constitution of the

US. Furthermore, courts are the agencies of resolution of disputes whereby the disputes are either

of civil or criminal nature. Those disputes that exist between the government and a person accused

of violation of the law are considered criminal disputes whereas disputes between private parties or

interests are civil disputes. Lastly, courts reinforce certain social norms that consist of informal or

even unwritten and unspoken rules concerned with the standard of behaviors. These functions of

courts in American society are outlined in a nuanced way by the author where the delinquents are

dealt with sentencing and punishments.

2. What purposes do presumptions serve?

A presumption is a fact that is assumed to be true under the law. A presumption may be a

conclusive presumption or a rebuttal presumption. In the former, all parties agree to something that

is assumed to be true. For instance, a child born to a married couple will be assumed to be the child

of that couple. While the rebuttal presumption is one that could be disagreed with by employing

reason. For instance, the statement 'the recipient received the letter only because the letter was

mailed.' This could be reasonably rebutted because a letter can be lost by the post office or it may
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get delivered at the wrong address, so simply the reason that it was mailed does not warrant that it

was received by the intended person. For the smooth operation of the justice system especially

criminal justice, presumptions are vital as they serve as the substitutes of evidence. If it is not for

them, then every minute detail would have to be established and without them, every little detail

can be disputed. For instance, without the presumption that a child born to a married couple who is

living with them is their child, the establishment of this fact could take time and efforts which

would ultimately slow down the process of justice dispensation because every minute detail or

minor event would have to be proven in the court of law.

Response

Chapter No. 1

1. My peer, Frida Cipriano, has focused on one aspect of the function of courts in American

society i.e. the protection of individuals – involving the protection of minorities from the

majority and importantly the protection of the rights of those people who cannot protect

themselves. Generally, however, the function of the courts is to protect the rights of all the

individuals in the society not just only the protection of minorities and the people who cannot

protect themselves, though they may be more vulnerable than others. But a court looks after the

right of each and every one. Other than the protection of individuals, other functions that the

courts serve such as the upholding of the law, the resolution of civil and criminal disputes, and

the reinforcement of social norms are not mentioned and discussed.

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2. My peer has pointed out the definition of a presumption, but an example of a simple

presumption could have been given. She has outlined the two variations of presumption but did

not deliberate on the purpose they serve. Moreover, she could have strengthened her arguments

by giving examples. But essentially, the main question is not addressed in her answer as to what

purpose does the presumptions serve.