01. Evicted Discussion
- By today the class was required to have read through Part Two of Matthew Desmond's Evicted.
- Gizelle and Tory initiated a conversation about how and why Sherrena is getting harder to defend after viewing the burning down of one of her houses, which led to the death of a child, as a financial silver-lining.
- Katya said, it's like they are telling people not to report domestic violence. Tory agreed by referencing Sherrena having evicted a woman for not taking her advice of buying a gun and killing her boyfriend.
- Why do these people in need not reach out to their better-off family members? They typically either don't have any of those, or they are saving it for awn absolute emergencies to avoid being seen as a constant issue like Lorraine had said.
- Renting is not like eating at a restaurant, you don't get to eat and then pay. It's more like a fast food restaurant, where you pay and then you get your food.
Take-Away: The book is getting darker as it dives into more large-scale and problematic situations. The whole class seems generally shocked at the scenarios and we are constantly having to remind ourselves this is in fact a non-fiction book and these are real people. The discussion served as a wonderful introduction to Dan Jackson's lecture on the legal system.
02. Dan Jackson Lecture
a. Introduction
- Dan studied at NorthWestern and worked in theater design for four years, before he found himself less interested in the design and more interested in the analytical side of problem-solving.
- He then went on to study law and has practiced for several years as a lawyer. He is now the Director of the New Law Lab and Northeastern University.
b. History of the Legal Profession
- 1100 AD: The feudal courts in England were where the lord and kings would resolve conflicts while serving as judges.
- Eventually there were a limited number of appointed people, Professional Pleaders, who would represent people before the lord and kings.
- 1300 AD: The Inn's of Court became the first official venue for a legal education. Many processes and traditions form the Inn's remain to this day.
- 1500 AD: Soon, everyone practicing law was required to get a license. Lawyers used to wear black robes with a small pocket on the back where their clients would secretly place their compensation.
- Today: The BAR takes its name form the literal bar separating the spectators from the lawyers, defendants, and judge in a courtroom.
- To become a lawyer, one must receive a Jurist Doctorate, pass the BAR exam, and pass the Multi State Professional Service exam. This trajectory is very similar to that of a practicing architect.
c. Massachusetts Courts
- The Massachusetts Court system is broken up into three distinct levels. People will go to one of seven different Trial Courts, depending on the subject matter of their case. Then, if a party is unhappy with the result, they will bring the case to Appeals Court. If the case is still not fully settled, it will go to the Supreme Judicial Court, who can also pluck a case from the beginning if it yields a unique legal situation with no suitable precedent. This has been the process since the 1600's.
- 93.5 percent of cases are affirmed in the Appeals Court, meaning they got it right the first time around.
- Massachusetts was the first place to set up their court system in this hierarchal fashion and then other states, as well as the federal court system, copied it.
- The Governor appoints the judges directly in Massachusetts. Each state has their own unique process for this.
d. Summary Process Eviction
- This is the legal process which allows landlords to evict tenants and it is different in every state.
- Summary Process basically means it is streamlined to make it easier for landlords.
- The first step of any eviction is a "Notice to Quit". This is a statement saying you must evacuate your home within 14 days if the reason is lack of rent, and 30 days for any other reason.
- This does not mean you simply have to leave, you can then go through the Summary Process which will lead to a summons. This is where you give your side of the story.
- Tenants do have rights and there is typically a mediated decision made prior to the courtroom.
- A Motion to Dismiss may occur if the landlord had written the paperwork incorrectly, or not by the strict guidelines.
Big Take-Away: The court system has been the same for a very long time and if the system does not plan on changing in order to run more smoothly, atlas the buildings need to. Dan did a great job of briefing us on the history of the system in Massachusetts and letting us know of some issues. The courts are finally embracing design-thinking as a powerful solution to many of their problems and hopefully we can find a reasonable one.