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Running head: COURT OBSERVATION 1

Court Observation

Institution

Name

Date

COURT OBSERAVTION 2

Court Observation

Various activities take place in a court proceeding from the start of a case until the end.

There are particular legal processes that the individuals within a court proceeding set up should

follow. These processes contribute to the fairness and justice of the procedure (Mikkelson,

2016). I attended the court proceedings of a District Court for three days. My visit widened my

knowledge base on the activities surrounding a court proceeding. During the proceedings, I took

notes of the events taking place and later on compared them with what I have been learning in

class.

Observations

Hearings in the district courts for the criminal cases consisted of the initial hearing

whereby the presiding judge found out whether the suspect was guilty or not. If the person was

guilty, then the judge decided on the sentence the guilty person was going to get. On the day of

the hearing, the presiding judge would summon the parties involved in the courtroom by the use

of the public address. Then every person who wanted to listen or was part of the case entered the

courtroom. The presiding judge called upon every person involved to ensure they are present.

Also, it is during this period that any reasons for delaying the case or suspect nonappearance got

aired. In instances where the judge found out that one of those people required in the courtroom

was missing, they would postpone the case to a later date.

At the beginning of every case, the witnesses were not present; they were called at a later

time when required to testify. During one of the cases, one of the plaintiff’s lawyers produced a

statement of the counterclaim. The defendant had filed an appearance with the district court clerk

and served the plaintiff. There was a claim by one of the plaintiffs that they received the

COURT OBSERAVTION 3

appearance and defense 35 days after the defendant had received the notice of claim. The judge

overruled the request despite having evidence.

After the judge confirmed the presence of every one during the different cases, the judge

called upon the prosecutor. The prosecutor requested the presiding judge to find the defendant

guilty for the crime committed — In case of damages to the plaintiff; the prosecutor requested

for compensation. After the prosecutor, the presiding judge asked the defendant whether they

plead guilty or not guilty. The judge asked whether the respondent would pay for any damages

mentioned previously. The prosecutor then presented facts concerning the issue at hand as well

as reading written evidence. The plaintiff stood and gave their account of the crime in the case.

The judge, the prosecutor, the defendant or any other person asked the plaintiffs questions. Then

the plaintiffs responded, and the examination of the witnesses followed. Both parties concluded

their cases and waited for deliberation leading to judgment. After deliberation with the judges,

judgment would be offered on a stipulated date. The judge then called upon any person who has

not been satisfied to appeal their case.

Comparison

The issues I observed in the courtroom compares to what I learned in class from various

perspectives. During my observation, the different cases had two parties, the plaintiff and the

defendant (Williams, 2017). The plaintiff being the person suing while the person being sued is

the defendant. They both had a chance to represent their evidence and witnesses to the presiding

judge. Also, the judge gave the two side equal time to present their cases and evidence. The

witnesses appeared when called to ensure the information provided in the court does not tamper

with the evidence presented by the witnesses.

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The presiding judge failed to follow some of the legal requirements when addressing the

issue of appearance and defense. According to what I have learned in class, the appearance and

defense should be sent to the claimant within twenty days. However, the claimant claims to

receive the appearance and defense thirty-five days after receiving of the claimant notice by the

respondent. The judge overruled the claims despite the evidence to back up everything. When the

claimants do not receive the appearance and defense from the respondent within twenty-eight

days, they assume that the respondent accepted the claims and there will be no case proceedings.

In case the respondent appears in the court, the preceding judge rules against the respondent and

in favor of the claimant.

Comparing my observations with the lessons I learned in class about the uses of different

legal documents gives me a realistic view of these lessons. The appearance and defense have the

district court area, the details of the respondent and the claim made by the claimant. The

intention of the respondent to defend the claim with a statement of defense is part of the

appearance and defense. Any other document that the court will require to rely on while making

a decision should be attached. There are circumstances when a counterclaim may be made which

is a statement from the respondent claiming that they did not do anything wrong. The act of the

presiding judge ensuring every person is present is procedural. It helps save on time and find out

any missing witness or parties.

A claim notice is a document that the plaintiff sends to the defendant to claim for

compensation of damage done. In case the plaintiff suffered any kind of damage, there is an

entitlement to compensation. The plaintiff sends the notice to the defendant who is to respond

within twenty-eight days or pay the compensation stated. If the defendant claims not guilty to the

accusations, the court uses the available evidence to come up with fair judgment.

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I could compare the observations made from the courtroom with the lessons from class

concerning the different levels of criminal cases. Some of the cases involved the federal

government, or the government has an interest in them. On these cases, a prosecutor sent by the

federal government to represent their interest presides. Those cases involving a foreign

government require a prosecutor from within the country. The government has to find a peaceful

way of handling issues between various nations.

In conclusion, the central role of the court system is to provide justice through the

application of legally acceptable methods. A plaintiff is an individual who is presenting the case

in court. The defendant is the suspect waiting for judgment to be proven guilty or not guilty.

These two parties play a crucial role in the arguments presented in court; they are the major

components. The various documents presented in court help bring out a chronological order of

carrying out activities within the courtroom. The presiding judge in a criminal court has to weigh

the evidence and facts presented by both parties to come up with a fair judgment.

COURT OBSERAVTION 6

References

Mikkelson, H. (2016). Introduction to court interpreting. Routledge.

Williams, J. (2017). American Land Planning Law: Case and Materials, Volume 2. Routledge.

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