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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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the basic purpose of the U.S. legal system is to ensure fairness

Customer Question

the basic purpose of the U.S. legal system is to ensure fairness in balancing individual and societal rights and needs, is that end best served by a adversarial system in which a person with the best lawyer often comes out at the top? Does this system of justice provide equal acces to people of differnt socioeconomic classes?
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Yes, that end is best served by an adversarial system, though there is no way around the fact that all attorneys are skilled equally. This is simply the nature of mankind, that some persons are more talented than others, and this reality spans not only the legal profession but that of medicine, professional sports, entertainment, etc. Regard, equal access, no this system does not provide equal access to people of different socioeconomic classes, but such equality is impossible in a capitalist society. The reality is that attorneys must earn a living as well and if one attorney is paid handsomely enough to dedicate his entire professional time to one case, whereas another (for example a public defender) must spread his/her time over many cases, it is easy to see whom have the advantage and greater chance of prevailing.

Please let me know if you have any follow up questions.
Customer: replied 6 years ago.
Relist: Answer quality.
Expert:  MShore replied 6 years ago.
Can you elaborate on how you find the quality lacking? Perhaps you can expound on exactly what you would like to know or the type of Answer you seek.
Customer: replied 6 years ago.

In the type of answer that I am seeking I will like to know more about the conflict theory that explain the hold that law are established to keep the dominant class in power, in contrast to the consensus theory.

Expert:  MShore replied 6 years ago.
Is this a homework assignment?
Customer: replied 6 years ago.

This is not a homework assignment. I just want it to know what professional think about this subject since there is a lot of theory's and discussion about this topic.

Expert:  MShore replied 6 years ago.
Conflict theory is based upon the view that the fundamental causes of crime are the social and economic forces operating within society. Consensus theory on the other hand consensus theory stresses what social groups have in common. It appears you are referring to the conflict theory that stresses the fact that different groups in have widely varying access to power and wealth. These latter theories are not legal theories however, they are socioeconomic theories.