The legal issues and the judicial proceedings

Sample Solution

     

Case: Roe v. Wade (1973)

Facts:

On January 22, 1970, Norma McCorvey, also known as "Jane Roe," filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas. McCorvey was a pregnant unmarried woman who wanted to have an abortion, but abortion was illegal in Texas at the time.

Full Answer Section

      McCorvey's lawsuit challenged the constitutionality of the Texas abortion law. She argued that the law violated her right to privacy, which she claimed was protected by the Fourteenth Amendment to the United States Constitution. The case made its way to the Supreme Court of the United States, which issued a landmark ruling on January 22, 1973. The Court held that the right to privacy includes a woman's right to choose whether or not to have an abortion. Timeline:

• January 22, 1970: Norma McCorvey files a lawsuit against Henry Wade, the district attorney of Dallas County, Texas.
• June 17, 1970: A three-judge panel of the United States District Court for the Northern District of Texas strikes down the Texas abortion law as unconstitutional.
• June 19, 1971: The United States Supreme Court grants certiorari in Roe v. Wade.
• December 13, 1971: The Supreme Court hears oral arguments in Roe v. Wade.
• January 22, 1973: The Supreme Court issues a landmark ruling in Roe v. Wade, holding that the right to privacy includes a woman's right to choose whether or not to have an abortion.

Verdict: I believe that the Supreme Court issued the most appropriate verdict in Roe v. Wade. The right to privacy is a fundamental right that is protected by the Fourteenth Amendment to the United States Constitution. The right to privacy includes a woman's right to make decisions about her own body, including the decision of whether or not to have an abortion. Type of Court: Roe v. Wade was tried in federal court, specifically in the United States Supreme Court. The case was not tried in civil court because the Supreme Court only has jurisdiction over cases that involve federal law. The right to abortion is a federal constitutional right, so the case was properly tried in federal court. Similarities between the procedures in the criminal trial and the procedures in a civil trial: Both criminal and civil trials follow similar procedures. These procedures include:

• Pleadings: The parties file pleadings with the court, which outline their claims and defenses.
• Discovery: The parties exchange information with each other, such as documents and witness lists.
• Motions: The parties file motions with the court, which are requests for the court to make certain rulings.
• Trial: The parties present their evidence to the judge or jury.
• Verdict: The judge or jury reaches a verdict, which is a decision in the case.
• Judgment: The court enters a judgment, which is a formal order that enforces the verdict.

Differences between the procedures in the criminal trial and the procedures in a civil trial: There are a few key differences between criminal and civil trials. One difference is that the burden of proof is higher in criminal trials. In a criminal trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt. In a civil trial, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the plaintiff's claims are true. Another difference between criminal and civil trials is the standard of review. In a criminal trial, the defendant has a right to an appeal. In a civil trial, the parties may have a right to an appeal, but the standard of review is different. In a criminal appeal, the court will review the case for any legal errors. In a civil appeal, the court will review the case to see if the jury's verdict was supported by the evidence. Finally, the penalties are different in criminal and civil trials. In a criminal trial, the defendant could face jail time or other criminal penalties. In a civil trial, the defendant could be ordered to pay money to the plaintiff, but they cannot be jailed. In the case of Roe v. Wade, the Supreme Court was applying federal constitutional law. Therefore, the procedures that the Court followed were similar to those that would be followed in a civil trial. However, there were some important differences. For example, the burden of proof on the plaintiff in Roe v. Wade was very high. The plaintiff had to prove that the Texas abortion law was unconstitutional beyond a reasonable doubt.