Law for News Readers

This is in response to what I think are common misconceptions perpetuated by how law is covered in the news. If anyone has others, let me know.

1. In some civil cases a jury trial is not guaranteed, and a criminal defendant can waive his or her right to a jury trial and be tried by a judge (apparently in federal court the prosecution must consent to the waiver).

2. John Edwards will not be Attorney General. The Attorney General oversees criminal investigations and important national security matters. Edwards has no experience in these areas. John Edwards will not be nominated to the Supreme Court. Today the Court is stocked with career judges who have spent their lives studying legal theory. The type of law Edwards practiced involves very little law, it mostly deals with facts. Scalito would eat him alive.

3. The amount of money asked for in a complaint does not accurately reflect how much a plaintiff actually expects to win or thinks he or she deserves, it is a number representing the most they think they could possibly be awarded by the most free-spending jury in the world.

4. Pleading not guilty at an arraignment is not really pleading not guilty. If someone plead guilty at arraignment, they could expect to get the highest possible sentence for their crime, rather than having time to work out a more favorable plea agreement by pleading not guilty initially.