LSAT – An Evolving Test That Creates a High Threshold for Law Students

Based in New York, Brian Stryker Weinstein delivers knowledgeable counsel in wide-ranging litigation cases. One of Brian Stryker Weinstein’s interests is the history of the LSAT, which has been one of the key admissions tests for law school since 1948.

Administered by the Law School Admission Council, the LSAT tests for a variety of different skills that could be relevant to assessing a student’s potential to excel in legal reasoning. It focuses on the actual thought process rather than on any substantive legal knowledge, given that the test taker will not yet have attended law school. Of the five sections, two are unscored, while the other three are scored.

The test has changed dramatically since its inception, with the original test requiring an entire day to complete. It was made up of 10 sections, all focused on passive verbal skills. The logical reasoning section was introduced in 1975, and the test was expanded to include an analytical reasoning section in 1982. Reading comprehension has been a constant throughout the years, with the exception of the period between 1975 and 1982.

While LSAT content has remained virtually unchanged since 1991, the format has kept up with the times. The LSAT as a digital assessment was introduced in 2019, and students now complete the writing sample remotely, separate from the rest of the test. The test continues to create a high threshold for studying and practicing law. Out of 10,000 test takers, an average of only three will attain a perfect score.

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Drafting a Concise, Impactful Litigation Pleading

Brian Stryker Weinstein is a partner and litigator with Davis Polk in New York who has taken on many benchmark cases in state and federal court. Among Brian Stryker Weinstein’s areas of interest are the qualities that set successful trial attorneys apart at every stage of complex proceedings.

One critical element of any litigation is the pleading, which controls aspects such as what the issues are, who is involved, and what defenses will be raised. It also defines the level of discovery permissible and available remedies.

Trial judges are often inundated with documents to look over and sign, so the key to a well-drafted pleading is brevity and accuracy. Instead of burying the critical issue, bring it to the fore and strip away unnecessary legalese. Focus on imparting information in a way that will make the court inclined to rule in one’s favor while giving it reasons to make such a decision.

As a general rule, it is best to provide a comprehensive summary of the pleading’s substance within two pages. Present the issue at hand clearly and provide the court with insight into how counsel believes the matter can be best resolved. The rest of the document should frame the relevant legal issue within the context of background facts.

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How Marbury v. Madison Made the Supreme Court an “Equal Partner”

Brian Stryker Weinstein is a New York attorney who delivers counsel in a variety of litigation cases. Experienced in diverse aspects of litigation, Brian Stryker Weinstein has a personal interest in landmark cases that have helped define the US Supreme Court’s role.

One such case, Marbury v. Madison (1803), reflected the tumultuous politics of the time. Before Thomas Jefferson came into office, the outgoing Federalist “lame-duck” Congress of John Adams created an additional 16 circuit judgeships, as well as other new judgeships of unspecified number. This was part of an effort to block Jefferson’s Republican Party from enacting its own legislative agenda.

A total of 42 justices were authorized by Adams in the weeks leading up Jefferson’s inauguration. However, William Marbury, one of the outgoing president’s last appointed justices, did not have his formal appointment delivered in time. His judgeship was subsequently withheld by new Secretary of State James Madison. This set up a lawsuit by Marbury against Madison for failing to deliver his commission, as the documents had already been signed and sealed.

Chief Justice John Marshall ultimately decided that Marbury did possess the right to the commission, as a political decision had been made by the outgoing president before his term expired. He further characterized Madison’s refusal to deliver that commission (under Jefferson’s orders) as a “plain violation of that right.” In presenting a solution, Marshall greatly expanded the Supreme Court’s powers, as he gave it the right to overturn Congressional acts. He placed the Supreme Court central in a system of checks and balances and gave it power to declare acts by other branches of government unconstitutional. It was at this moment that the Supreme Court emerged as an equal partner within the executive and legislative branches.

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The Supreme Court’s Tradition of a “Judicial Handshake”

 Based in New York, Brian Stryker Weinstein maintains a law practice focused on high-profile litigation cases. An area of personal knowledge for Brian Stryker Weinstein is the US Supreme Court and its history and traditions.

Dating back to the late 19th century and Chief Justice Melville W. Fuller, one persistent tradition in the courtroom is the “judicial handshake.” This involves shaking hands with each of the other eight justices when assembling to sit on the bench each day and when about to start private conferences at which decisions are discussed. This practice was instituted as a daily reminder of “harmony of purpose,” even in cases where the justices’ individual interpretations of the law differed.

Allowing for differences of opinion is a central part of a well-functioning democracy and enshrined in the actual practices of the Supreme Court. For practical reasons, as the need to minimize social interactions took hold during the COVID-19 pandemic, justices temporarily paused this tradition in March 2020. However, the tradition has since been reinstated and continues to this day.

How Does the Media Affect Fair Trials?

 While the public deserves basic information about high-profile criminal cases, media outlets often provide extensive coverage of crimes, which can present problems for prosecutors, defendants, and defense attorneys.

The United States federal justice system relies on the principle of fair trials. Under the Sixth Amendment of the US Constitution Bill of Rights, every criminal in federal court has the right to a speedy trial with an impartial jury. While the Constitution does not define this concept, it has evolved through tradition and case law to mean that jurors do not enter the case with a preconceived bias against the defendant.

What role does media coverage play in the selection of an impartial jury? A prospective juror who has read or heard extensively about the case will likely have formed an opinion, consciously or unconsciously. The more media coverage a case has received, the more trouble attorneys may have in selecting a jury without prejudice or bias.

Attorneys for the defense and prosecution aim to weed out impartial jurors during voir dire, which is the process of selecting jurors from a larger pool. To identify and eliminate biased jurors, attorneys ask numerous questions about their ability to follow a judge’s instructions, their personal beliefs, and their exposure to pre-trial publicity.

According to research, media exposure does affect jurors’ opinions, although they are typically unaware of their biases. Capital cases attract more extensive and emotional media coverage than other cases, which makes jury selection more challenging. Media coverage also affects judges. A Stanford University study found that elected judges give harsher sentences to defendants in cases that receive significant media coverage compared to similar cases with less coverage.

Along with an impartial jury, defendants have a right to due process of law, which outlines a formal procedure of investigation and trial. This broad right extends to many legal issues and aims to prevent a government from unilaterally removing an individual’s rights. According to the Supreme Court, due process in criminal trials might be compromised if an action “fatally inflicts the trial.” An example is if an accused individual appears in court in prison clothing, as this can have an impact on jurors’ perception of innocence.

Media coverage can impact due process in many ways. While public interest trials have always been open to the public, this previously meant people could attend trials in person. Now, television broadcasts and Internet streaming mean that millions of people can watch a public trial in real-time.

The presence of cameras in a courtroom may influence witnesses to alter their testimony. For example, if the witness to a gang-related crime knew that other gang members could watch the testimony online, they might change their testimony for fear of retaliation. Similarly, jurors might fear public retribution for making an unpopular decision.

Supreme Court Justices have long differed in their opinions about cameras in the courtroom. Some believe it encourages transparency and accountability, while others are concerned that trials will become salacious entertainment.

The courts have several tools at their disposal to limit the influence of the media. A defense attorney can ask for a change of venue to move the trial from the jurisdiction where the crime took place, or the judge might postpone trial proceedings until publicity dies down.

Roper v. Simmons, a Recent Supreme Court Landmark Case

The United States Supreme Court was established in 1789. Over the course of more than 200 years, the Supreme Court has heard a number of landmark cases. A landmark case can be defined as a court case that is studied by legal professionals and scholars due to its historical and legal significance.

A relatively recent example of a landmark case heard by the US Supreme Court is Roper v. Simmons, which was decided in 2005. The case centered on Christopher Simmons, a 17-year-old, and younger accomplices Charles Benjamin and John Tessmer, though Tessmer dropped out of the plot prior to the events. Together, the trio made a plan to commit burglary and murder a 46-year-old woman, Shirley Nite Crook. The plan was carried out in 1993.

The subsequent trial was relatively straightforward, as there was ample evidence to render a guilty verdict, not to mention Simmons’ confession and video reenactment of the crimes. Tessmer testified against Simmons, confirming the premeditated nature of the murder. Despite Simmons’ age and lack of any prior criminal activity, the jury recommended the death penalty. Simmons attempted to set aside the conviction and sentence, in part due to his age, but the court rejected the motion. Simmons then made an appeal, and the case began to make its way through the US court system.

A major turning point in the ongoing case came in 2002, when the US Supreme Court overturned the death penalty for individuals living with intellectual disabilities in Atkins v. Virginia. Simmons used this decision to petition for post-conviction relief, and the Supreme Court of Missouri ultimately cited the Eighth Amendment, which outlaws cruel and unusual punishment, to deliver Simmons a sentence of life in prison without parole. The state disagreed with the sentencing, and the US Supreme Court agreed to hear the case.

Arguments began in 2004 and centered on the death penalty for juvenile offenders as cruel and unusual punishment as outlined by the Eighth Amendment. Arguments also drew attention to Thompson v. Oklahoma, a 1988 Supreme Court decision that prohibited the death penalty for individuals under the age of 16. However, Stanford v. Kentucky, in 1989, had upheld the use of capital punishment for 16- and 17-year-olds who had committed a capital offense.

Another focus involved the phrase “evolving standards of decency.” On the same day as the Stanford v. Kentucky ruling, in Penry v. Lynaugh, the court ruled that individuals living with intellectual disabilities could be executed, a ruling that was overturned in Atkins v. Virginia on the grounds of evolving standards of decency. These new standards led to such executions falling under the concept of cruel and unusual punishment and therefore being deemed unconstitutional. Arguments also referenced a “national consensus” that had formed against the death penalty as a form of punishment.

In a controversial 5-4 decision, the Supreme Court determined that the death penalty could no longer be used as a sentence against criminals under the age of 18. The ruling immediately reversed sentences for 72 individuals on death row who had been sentenced for crimes committed at the age of 17 or younger, including 29 individuals in Texas and 13 death row inmates in Alabama.

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The Lasting Impact of the Marshall Court

The Marshall Court is a term used to describe the United States Supreme Court between 1801 and 1835, during which time John Marshall served in the role of chief justice. He was the court’s fourth chief justice and the first justice to serve in the role for an extended period of time. A number of notable cases were heard by the Supreme Court during the Marshall years.

The Marshall Court made its first major decision in 1803 with Marbury v. Madison. Marshall authored the court’s unanimous decision, which brought an end to Section 13 of the Judiciary Act of 1789 on the grounds that it conflicted with the court’s jurisdiction as outlined by the US Constitution. The landmark case cemented the Supreme Court’s power of judicial review, as the decision superseded a law that had been written by the US Congress.

Seven years later, the court heard Fletcher v. Peck. The court’s opinion was once again written by Marshall, who maintained that the state of Georgia had been influenced by bribery in the decision to void land grants to the Yazoo nation. Similar to the Marbury v. Madison case, Fletcher v. Peck marked the first time that the Supreme Court determined that a state law was unconstitutional.

Another seven years passed before the court heard Martin v. Hunter’s Lessee. This time, the court’s opinion was authored by justice Joseph Story. Story wrote that the Supreme Court held appellate power against state courts when it came to the US Constitution and interactions with both federal laws and treaties. The Supreme Court reaffirmed this position in 1821 in Cohens v. Virginia.

In 1819, the court heard two important cases: McCulloch v. Maryland and Dartmouth College v. Woodward. In the former, the court unanimously decided that a state has no power to tax a federal bank operating within the state. In the latter decision, the court barred the state of New Hampshire from altering the college’s charter, a ruling that protected corporate contracts from state interference.

Johnson v. M’Intosh was heard by Chief Justice Marshall and the Supreme Court in 1823. The complex case involved a number of plaintiffs, mostly British subjects, who claimed property that had been sold by members of the Piankeshaw nation prior to the American Revolution. In a landmark decision, the court ruled that private citizens cannot purchase lands from Native Americans.

Gibbons v. Ogden was an influential case heard by the Supreme Court in 1824. Once again, Marshall and the court struck down a state law, this time from New York. In the decision, the court ruled that the legislation in question granted the state a monopoly on local steamship operations. In this particular instance, the court demonstrated its ability to use the Commerce Clause of the US Constitution to regulate commerce.

Additional cases heard by John Marshall include Worcester v. Georgia in 1832 and Barron v. Baltimore in 1833. In the former case, the court ruled that the state of Georgia lacked the power to govern Native American tribes. The latter was a unanimous opinion that determined that the Bill of Rights could not be applied to state governments. However, the decision was mostly overruled following the ratification of the 14th Amendment and later Supreme Court rulings.

John Marshall passed away in 1834, bringing an end to the Marshall Court. He was followed as chief justice by Roger Brooke Taney, best known for the Dred Scott decision in 1857.

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The First Notable Supreme Court Decisions

The United States Supreme Court was assembled throughout 1789 and convened for the first time on February 2, 1790. Between 1789 and 1801, the Supreme Court had three chief justices: John Jay, John Rutledge, and Oliver Ellsworth. These judges presided over the earliest cases heard by the US Supreme Court.

A New York City native, John Jay was born in 1745 and served as one of the nation’s founding fathers. In addition to serving in the Continental Congress, he contributed to the Federalist Papers and served as chief justice for the state of New York. President George Washington appointed Jay as the nation’s first chief justice in 1789.

The first-ever case docketed for the US Supreme Court was Van Staphorst v. Maryland in 1791. The origins of the case involved the Van Staphorst brothers, bankers who lent the state of Maryland money over the course of the Revolutionary War. At the conclusion of the war, the state declined to pay back the loan under the terms set by the brothers. Although the case was accepted and docketed by the Supreme Court, the parties settled prior to litigation. Collet v. Collet was also docketed but dropped prior to oral arguments.

West v. Barnes also came to the Supreme Court in 1791, and would be the first case decided by the court, with John Jay as chief justice. William West of Rhode Island owed a mortgage on his farm and, after 20 years of payments, conducted a lottery and paid off the remaining debt with paper currency, as opposed to gold and silver. David L. Barnes refused the payment and demanded gold and silver, resulting in litigation.

The court ultimately rendered a decision on procedural grounds, determining that West’s appeal for lottery should have been made with the clerk of the Supreme Court of the United States, as opposed to a lower court. Following the decision, Congress amended the Process and Compensation Act of 1792 so that citizens could make such appeals with local circuit courts.

Chisholm v. Georgia is often regarded as the most controversial and impactful decision made by the Supreme Court during Jay’s tenure as chief justice. The origins of the case can be traced back to 1777, when Thomas Stone and Edward Davies purchased goods to support American troops in Savannah. Robert Farquhar, the merchant, died before payment was rendered, and his estate made a claim on the debt in 1789. Alexander Chisholm, executor of Farquhar’s estate, filed the case with a circuit court in 1791.

In a 4-1 decision, the Supreme Court ruled in favor of Chisholm. As part of the summary, Jay and the other justices stated that federal courts hold jurisdiction in cases involving a state and a citizen of another state, assuming the state is the defendant. Jay also led the court when the 11th Amendment was proposed by Congress, a direct response to the Chisholm v. Georgia ruling that dictates an individual’s capacity to litigate against a state in federal court.

In 1794, Jay stepped away from the Supreme Court to resume his duties as a diplomat, traveling to Great Britain to resolve tensions surrounding exports, seizures, and occupation. He played a driving role in the development and passing of the Jay Treaty, which many Americans protested for what they believed to be overly favorable terms for the British. However, Jay’s actions as a diplomat helped avoid embroiling the nation in a war it was not ready to fight. By the time he returned to the United States, he learned that he had been elected governor of New York, at which point he resigned his position as chief justice.

Jay was followed as chief justice by John Rutledge in 1795 and Oliver Ellsworth in 1796, though no major cases were heard during this time.

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The First Six Supreme Court Justices

The United States Supreme Court was established through the United States Constitution, though the court did not formally begin to take shape until the passing of the Judiciary Act of 1789, which was signed by President George Washington. Washington nominated John Jay as the first-ever chief justice, along with associate justices John Rutledge, William Cushing, John Blair Jr., Robert Hanson Harrison, and James Wilson.

All appointments were approved by the United States Senate on September 26, 1789, and the court assembled for the first time in February of the following year. The court reconvened in August of 1790, though the first two meetings were largely uneventful, mainly involving the approval of bar appointments and other general matters of the court system.

Chief Justice John Jay was the author of numerous essays found in The Federalist, a collection of nearly 100 essays encouraging New York citizens to support the recently proposed American Constitution. The essays were published anonymously at the time, but were later attributed to Jay, James Madison, and Alexander Hamilton.

During his time as chief justice, Jay ran for governor of New York on multiple occasions. He also negotiated a treaty with Great Britain, known as the Jay Treaty, which addressed various outstanding issues resulting from America’s movement to independence from Great Britain. Despite the lack of support for the Jay Treaty in the United States, Jay’s reason for stepping down as Chief Justice in 1795 was due not to his negotiation of the treaty, but rather to his success in one of his gubernatorial bids.

James Wilson had been a prominent figure over the course of the Constitutional Convention, but his appointment to the Supreme Court resulted in a number of professional troubles. Although he was a knowledgeable legal theorist, he routinely missed high court sessions in order to dodge bill collectors after entering into several bad land deals.

John Rutledge had also been a presence at the Constitutional Convention, prompting Washington to appoint him to the high court. Rutledge had a unique career as a member of the Supreme Court: in 1791, just a year after the court’s first meeting, he became the first justice to quit, doing so before the Supreme Court heard its first case. However, Washington asked Rutledge to take over for John Jay as chief justice in 1795, a request Rutledge accepted.

The controversy did not end there. While Rutledge heard two cases as chief justice, he was never approved by the Senate, which objected to his outspoken vitriol for the aforementioned Jay Treaty. After the Senate elected to remove Rutledge from his position, he responded by jumping into the Charleston Bay. Rutledge survived the jump but never held public office again.

Unlike several of the first six Supreme Court justices, William Cushing served on the high court for a number of years, serving until 1810. He was offered the position of chief justice in 1796, after Rutledge’s removal. He declined, despite a nomination from Washington and unanimous approval from the Senate.

John Blair Jr., meanwhile, was a notable Virginian jurist prior to his brief time on the Supreme Court. Like Jay, he stepped down from his position in 1795.

Finally, Robert Hanson Harrison provided aid to Washington over the course of the Revolutionary War, followed by a stint as the president’s military secretary. He had the shortest run of any original justice, dying of illness in April of 1790 before officially accepting the position.

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What Does the LSAT Test?

 A standardized test required for admission to law school, the Law School Admissions Test (LSAT) has existed in various forms since 1948. The test comprises three sections: logical reasoning, analytical reasoning, and reading comprehension. The logical reasoning section aims to test a student’s ability to evaluate arguments by asking them to make an argument stronger or weaker and to identify assumptions and flaws an author may have made in their reasoning.

The analytical reasoning section often referred to as the logic games section, requires the test-taker to analyze the relationship between various sequences and objects and then create a set of rules that describes the relationship. In the reading comprehension section, students read passages to identify the main idea, detect assumptions or reasoning flaws, and draw conclusions.

In addition to the various test sections, the LSAT contains an experimental section that does not affect the score. Test developers use this section to test items for future use. It may appear anywhere in the test, and test takers do not know which section is experimental. Students also must complete a timed writing sample. Although the writing sample does not receive a score, law schools receive the sample with the student’s LSAT results.

Scored on a curve from 120 to 180, the LSAT aims to test an individual’s ability to utilize language logically and effectively. To perform well on the test, students should work to cultivate four core skills.

First, they must practice reading critically and quickly. Attorneys in the field must read vast amounts of text, scanning for relevant details. All the LSAT sections require critical reading, though the reading comprehension section focuses exclusively on this skill. Critical reading skills require efficiently reading and digesting information, then articulating key ideas to make an argument.

The second core skill required for a successful LSAT score is analyzing arguments, emphasized in the Logical Reasoning section. The test-taker must accept the argument in the test question as true before utilizing their logic to interpret and criticize the argument. This involves identifying the author’s conclusion, summarizing their supporting arguments, and articulating the connection between evidence and conclusion. Dissecting an argument to find the assumption is key.

Next, LSAT takers must demonstrate an understanding of formal logic rules. Test takers analyze arguments and solve logic games using a deliberate step-by-step process. After seeking out the conditional elements of a logical statement using an if/then formula, they can understand whether a statement is true, false, or possible.

Finally, LSAT success requires the ability to make deductions. In a Logic Games passage, for example, test takers must evaluate a group of facts and rules to determine what could or must be true. This requires deductive reasoning to determine relationships between persons, events, or things.

Organization and the logical interpretation of the rules are paramount in Logic Games. Test takers must eliminate as much uncertainty as possible from each game to obtain an efficient and correct answer.

Above all, the LSAT is a test of skills, not knowledge, which means successful test prep should focus on verbal reasoning, analytical thinking, and critical reading. Memorizing factual information does not tend to improve test scores.

Jury Rules and Social Media

Under the Sixth Amendment, any individual facing a criminal charge has the right to a fair trial decided by an impartial jury. To meet these criteria, jurors must not enter into a case with a preformed opinion about the defendant, prosecutor, or crime. Instead, the juror must weigh the evidence presented in court and make an informed decision based on the facts.

While any American citizen can serve on a jury, lawyers on both sides question potential jurors to eliminate individuals who may hold biased viewpoints. Media exposure to the trial or case is a common basis for juror rejection. If a case attracts a high level of public attention, it can be difficult to identify jurors who have not viewed potentially influential media before or during the trial.

Social media has complicated jury bias and media exposure, as many platforms serve both personal and informational purposes. People routinely share news articles with their online connections. Since individuals have little control over what appears in their social media feed, completely avoiding media trial coverage can be impossible.

Legal experts have raised several concerns about the proliferation of juror social media use and impartiality. First, jurors may be exposed to information purposefully excluded from trial evidence. This issue was prominent in a recent high-profile defamation case between actors Johnny Depp and Amber Heard.

Prior to the US trial, Depp lost a libel case in the United Kingdom. While evidence from the UK trial was not permitted in the following trial, descriptions of the UK trial’s evidence were easily searchable online. Conversely, thousands of media posts dissected the evidence presented in the US trial for signs of fabrication.

Jurors were instructed to refrain from researching the case, but were not sequestered. After the verdict, Heard's lawyers filed an appeal based on prolific media coverage of the trial and the potential of juror exposure.

Social media also complicates the ability to assess the case for a mistrial. Jurors may post information about the trial or sentiments that suggest a lack of impartiality in the case. However, identifying misconduct on an online platform is time-consuming, and evidence of juror bias may slip through the cracks.

To avoid these issues, state and federal legal systems have implemented codes of conduct for Internet and social media use. Jurors receive clear instructions to decide the case based only on the evidence presented in the courtroom.

This means that jurors should exclude any information or opinions solicited from outside sources from the verdict deliberation. Potential and selected jurors are also barred from doing any Internet searches on the trial or involved individuals.

The rules regarding social media consider that many people rely on these platforms to communicate with their families or run their businesses. For this reason, jurors are still permitted to use their accounts. However, they must not engage in any behavior that would affect their impartiality.

This includes sharing information about the trial or connecting with other jurors or litigants. The consequences for violating these rules are severe. Jurors may face sequestration or contempt of court charges. In some cases, juror misconduct can also serve as the basis for a mistrial.

Some Key Impacts of COVID-19 on United States Court Systems

 

Like nearly every system and industry in the world, the United States court system had to adapt to the global COVID-19 pandemic rapidly. From court closures to implementing health and safety requirements, the pandemic required courts to adjust and adapt while maintaining access to the court system for all litigants.

In 2021, Thomson Reuters surveyed 240 court professionals to gain insights into the pandemic’s impact on court operations. Professionals such as administrators, magistrates, judges, chief justices, attorneys, and clerks at the municipal, county, and state levels responded to survey questions. The results were compiled in The Impacts of the COVID-19 Pandemic on State & Local Courts Study 2021.

The study found that the impacts of COVID-19 on the nation’s courts could be divided into several broad categories. First, stay-at-home orders inspired most courts (93 percent of respondents) to implement remote proceedings. Courts quickly organized means to utilize audio and video technology to create virtual courtrooms, facilitating hearings with participants in multiple locations.

As of 2021, 89 percent of respondents were still conducting or participating in remote proceedings. Among survey respondents, 63 percent had conducted both pre-trial and trial hearings remotely, while 30 percent had conducted only pre-trial proceedings remotely.

While virtual proceedings can be convenient and efficient, they also present unique challenges. A primary challenge in virtual court is the management of documents. Organizing and sharing evidence, for example, and communicating regarding evidence can be problematic in civil cases. In criminal cases, the inability to follow rules of evidence can present constitutional issues that could be brought up on appeal.

Problems with document sharing emerged as another impact of the pandemic. According to respondents, these risks can be mitigated as court officials gain familiarity with technology solutions. Currently, many courts use email to submit sensitive documents and evidence. This is problematic as many people require access to such records, and individuals in the court system may have differing access levels to emailed submissions.

Implementing a shared platform that litigants, prosecutors, and defense attorneys have access to could reduce this problem, according to survey respondents. In addition to easing logistical burdens, this could improve transparency and potentially decrease hearing delays. Courts and court staff should receive training sessions in virtual technology before hearings.

In addition to the rise in virtual hearings, the pandemic has substantially affected court backlogs. Even in normal times, court systems struggle to work through their caseload. The COVID-10 crisis exacerbated the crisis, as cases continued to accumulate despite court closures, lengthy arraignment times, and temporary pauses to jury trials.

Survey respondents say a court’s caseload averages 12,300 cases in a typical year. In 2019, the average backlog was 958 cases, which increased to 1,274 cases over the pandemic’s first year. A third of courts reported a backlog increase of more than five percent.

While the pandemic presented myriad challenges, it highlighted where court systems could improve. Disruptions spurred the introduction of technology that has broadened access to the court system for many litigants.

As the court systems continue to leverage technology to improve efficiency, they must consider various populations. For example, people without access to internet service or a computer cannot attend a virtual hearing. Further, technology solutions must be accessible for individuals with disabilities and limited English proficiency.

Development and Format of the Law School Admission Test

The Law School Admission Test (LSAT) has been developed over multiple decades as a tool for gauging an undergraduate student’s preparedness for law school. The skill-based exam consists of multiple choice questions designed to assess a student’s potential for succeeding in law school and in the field of law.

The LSAT is the only exam supported by all American and Canadian law schools with American Bar Association accreditation. While some institutions may accept Graduate Record Examination (GRE) scores in place of LSAT results, most academics and professionals view the LSAT as the single most important component of a law school application, as well as a strong predictor of a student’s academic success in law school.

The exam is divided into three sections of multiple choice questions. Each section tests a different area of skill and knowledge: reading comprehension, logic games, and logical reasoning. The exam also includes two unscored sections: an experimental multiple choice section and a writing sample submission. All four multiple choice sections have a 35 minute time limit and consist of from 22 to 28 questions.

LSAT scores range from 120 to 180. An average student who has completed the LSAT for the first time will receive a score of 151, while second-time test takers up their score to approximately 151.7. Because 150 is an average score, students may find it difficult to gain admission to the most prestigious law schools. That said, a number of law schools throughout the US and Canada have a median LSAT acceptance rate of 150 or lower.

LSAT scores of 160 or higher are considered strong, though they still do not guarantee admission to top-tier law schools. Many quality law schools admit students with scores in this range, though a score of 160 may not be high enough to warrant an academic scholarship. Only about 3 percent of test-takers score a 170 or better, though law school applicants will still need to excel in all areas of their application in order to gain admission at leading law schools such as Yale, Stanford, and the University of Chicago.

When a student applies to a law school, their 12 most recent LSAT scores will be released to the school, assuming those scores came within the preceding five years.

The history of LSAT testing began in 1945, when Columbia Law School admissions director Frank Bowles decided the existing admissions tests were not sufficient. His goal was to develop an exam that would more closely resemble a student’s grades during their first year of law school, as opposed to an exam that had comparable passage rates to the bar exam.

The first series of LSATs were administered in 1948. The test has changed over the course of more than seven decades, with notable alterations to the scoring system in 1981 and 1991. In response to the COVID-19 pandemic, the Law School Admission Council developed the first ever online LSAT, known as the LSAT-Flex. Launched in May 2020, the exam largely mirrors the standard LSAT.

Individuals can sign up for the LSAT by visiting lsac.org. Tests are held multiple times each year and typically require students to register about two months in advance.

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An Introduction to Public Interest Law

The Supreme Court functions as the highest tribunal in the nation, with a focus on disputes stemming from conflicting interpretations of constitutional law. Located at the Supreme Court Building at One First Street, NE, in Washington, D.C., the justices of the Supreme Court also take on cases involving other laws of the United States. The Court stands as the final arbiter in legal matters, meaning a case that fails before the Supreme Court cannot be appealed to a higher court.

The composition of the Supreme Court includes a Chief Justice and a number of Associate Justices, as determined by Congress. The Judiciary Act of 1869 fixed the number of Associate Justices at eight, a standard that remains in place today. The President of the United States is responsible for making nominations to the Supreme Court, though nominations must be vetted and approved by the Senate.

The Chief Justice and Associate Justices are supported by a number of court officers, ranging from the Counselor to the Chief Justice to the Director of Information Technology.

The history of the Supreme Court can be traced back to the Judiciary Act of 1789. The first assembly of the Court occurred the following year at the Royal Exchange in New York City. The assembly featured Chief Justice John Jay and five Associate Justices: James Iredell, James Wilson, John Rutledge, John Blair, and William Cushing.

The Court initially met twice a year in the nation’s capital. Meetings were held on the first Monday of February and August. In the early days of the Court, justices engaged in “circuit riding” activities, which involved an additional two annual meetings at district courts throughout the US. However, these meetings were performed by individual justices, who traveled one or several geographical circuits, as opposed to the entire Court assembling in various states. It was not uncommon for justices to travel thousands of miles by horseback and carriage during riding circuit duties.

The more than 230 years of Supreme Court tradition and history is maintained through the Supreme Court Historical Society. Over the following centuries, the Supreme Court of the United States (SCOTUS) has made a number of landmark decisions.

In 1978, for example, the Court determined that academic institutions can use race as a determining factor for student enrollment, so long as the concept of “fixed quotas” is not in play. This decision came in the case of Regents of the University of California v. Bakke. A few other famous Supreme Court cases include Roe v. Wade, Plessy v. Ferguson, and United States v. Nixon.

The current composition of the Supreme Court is Chief Justice of the United States John G. Roberts, Jr., and Associate Justices Clarence Thomas, Samuel A. Alito, Jr., Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.

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Breach of Contract Suits – What Businesses Need to Know

Companies today rely on contracts when undertaking business engagements with each other. Through these contracts, they identify the parties they will transact with and mutually agree on the deliverables.

Ideally, all parties to a contract should fulfill their responsibilities. However, sometimes, one party fails to fulfill its responsibilities. When this happens, the contract is breached. Because a contract is a legally enforceable agreement, the party that suffers damage due to another’s breach can sue them in court. In this case, the party that has suffered injury will be the plaintiff, and the party in breach will be the defendant.

To succeed in a breach of contract suit, the plaintiff must prove to the court several things. These are: that a valid contract existed between the two parties, that they performed their contractual responsibilities, that the defendant failed to fulfill its duties, and that the defendant’s breach occasioned the plaintiff’s losses.

The plaintiff must first prove that a contract existed between it and the defendant. A contract should exist, but it must also be valid since only valid contracts are legally enforceable. For a contract to be valid, it must have all the essential elements of a contract, including an offer by one party to another, an acceptance by the other, an exchange of something valuable (consideration), and execution by both parties. Both parties must have the legal capacity to enter into a contract, and the contract must not be for the performance of an illegal act.

After proving a valid contract existed, the plaintiff must show that it fulfilled its responsibilities as established in the contract. The defendant failed to honor its end of the agreement (breached the contract). The court recognizes various types of breaches of contract, including minor and material breaches.

A breach is minor when it only involves some of the terms of the agreement but does not reach its core. For example, if a contract is for the sale of a car and the seller agrees to deliver a Mustang to the buyer with a radio inside, and the seller delivers the car without the radio, the breach is minor. This is because it affects some terms of the contract but not its core, which is the sale of a car. A material breach goes to the core of the contract. One party fails to perform its responsibilities entirely or fails to deliver on the core terms.

Finally, the plaintiff must also show that it suffered an injury due to the breach of contract. These are usually financial losses. If a plaintiff is successful in its suit, the court may give an order of specific performance requiring the defendant to fulfill its contractual responsibilities or award damages to the plaintiff. The damages can be compensatory, bringing the plaintiff to the position it would have been in had the breach not happened, or punitive, to punish the defendant for the breach. The court may also cancel the contract, relieving all parties of their contractual duties.

The defendant, however, has various defenses it can use to defeat the plaintiff’s claim. For example, it can argue the contract was invalid, say for lack of capacity, execution, or intention to enter into the contract. The defendant can also argue the impossibility of performance (that it cannot perform its responsibilities because of factors beyond its control), that the suit is time-barred by the statute of limitations, or that the plaintiff waived its right to claim against it for breach.

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