Introduction to Law & the Legal System

Individual & the Law

What is Law?

We expect our legal system to achieve many

goals: Protect basic human rights Promote fairness Help resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of minorities

Law & Values

Universal Declaration of Human Rights (UDHR)

Adopted by the United Nations in 1948 under the leadership of Eleanor Roosevelt

Has been agreed to by almost every nation in the world, but is NOT a binding treaty

Proclaims the right to: Liberty Education Political & Religious Freedom Economic Well-being

Bans Torture

Claims All people have the right to participate in their government process

Human Rights

United Nations treaties to enforce Human Rights: The International Covenant on Civil and

Political Rights protects the freedoms of speech, religion, and press and the right to participate in government

The International Covenant on Economic, Social and Cultural Rights provides for the right to adequate education, food, housing, health care, protection of property, and employment in safe conditions at an adequate salary

The Convention of the Rights of the Child spells out basic human rights to which children everywhere are entitled, including the right to education and to be free from exploitation

With every right there comes a responsibility Individual rights must be matched by social

responsibilities You want a jury trial, you must be willing to

serve on a jury You want to be governed by elected officials,

you must be willing to vote

Balancing Rights With Responsibilities

Criminal Laws – regulate public conduct and set out duties

owed to society Felonies – penalty is more than 1 year in prison Misdemeanors – penalty is 1 year or less in prison Conviction is reached by determining guilt BEYOND A

REASONABLE DOUBT – if there’s any doubt then the jury cannot vote to convict

Civil Laws Civil Action – people suing each other

Defendant – the person accused of committing the crime Plaintiff – the person harmed in the crime

Conviction is reached through a PREPONDERANCE OF THE EVIDENCE – it’s more likely than not that the person is guilty

Kinds of Laws

Lawmaking

Legislatures are the primary law-making bodies at

the federal and state levels Federal level = U.S. Congress

Laws passed by them are called Federal Statutes State level = General Assembly

Laws passed by them are called State Statutes Cities towns and counties have law-making bodies

too Councils Commissions

Laws passed by these groups are called ordinances or regulations

Legislatures

No state or local law can go against the

Constitution Article VI of the Constitution, THE SUPREMACY

CLAUSE, states that the Constitution is the “Supreme Law of the Land”

When drafting a bill (a proposed law), a

legislator must keep in mind the following Is the law written in clear language? Is the law understandable? When does the law go into effect? Does the law contradict any other laws? Is the law enforceable? If so, by whom? Are the penalties for breaking the law clear and

reasonable?

Once a bill becomes a law, once someone

breaks the law and goes to court, a judge has to interpret it. Judicial interpretation of a law is called

legislative intent – what did the legislature intend when they wrote this law?

Federal Agencies make very specific laws

OSHA (Occupational Safety and Health Administration) makes regulations to preserve health and safety on the job Back braces for people lifting heavy items Hard hats for construction workers

EPA (Environmental Protection Agency) makes regulations to protect us and the environment

TSA (Transportation Security Administration) screen passengers boarding airplanes since 9/11

Agencies

Before a Federal Agency makes a new

regulation, they have to post it in the Federal Register. This gives people time to ask questions and debate the new regulation.

Then, they have a public hearing where people can come and voice their opposition or support

Trials are held in courts The loser of a case can appeal the decision to

a higher court If the appeals court make a ruling, it sets a

precedent for future similar cases.

Courts

Treaties are the main source of international

laws. A contract between countries

Most treaties, once signed, are supported by the United Nations

A treaty signed by the U.S. President and approved by 2/3 of the Senate is a binding law according to the U.S. Constitution.

International Lawmaking

Advocacy

Advocacy is the active support of a cause.

Also involves being able to convince others to support your cause too

The Art of Advocacy

Lobbying is a way to influence the lawmaking

process by convincing lawmakers to vote as you want them to Lobbying comes from the 17th century when

people would corner lawmakers in an outer “lobby” to talk advocate their interests

Lobbying

Lobbyists are people who work to convince

lawmakers to support their cause Professional Lobbyists – lobbying is their full-

time job. Many groups hire professional lobbyists to stay in contact with lawmakers full-time i.e. National Rifle Association

Grassroots Lobbyists are people who have other jobs, but care enough about the cause to call and write their legislators in their spare time.

This is our most basic constitutional right. Laws are usually made by an elected legislator

and approved by other elected legislators or by referendum – means the people vote on the law.

Laws can also be made through initiative – a specified number of registered voters get the proposed law on the ballot through the petition process The law may be approved or rejected by the

legislature or the voters

Voting

If the voters are unhappy with an elected

official, they can institute a recall – where a certain number of registered voters petition to have the said elected official removed from office.

Settling disputes

Negotiation – the parties involved try to reach a compromise agreement Three phases of negotiation

Step one – Prepare to Negotiate All parties come to the discussion truly wanting to solve the problem Identify the issue causing the problem Consider the issue from the perspective of the other side One the steps above have been followed, each party should identify

two workable solutions Step two – Negotiation

Listen carefully to what is being said List as many solutions as possible Be realistic Repeat main points, write them down, to make sure both parties

understand them Step three – Finalization

Agree on what to tell others about how the decision was reached – this avoids conflict in the future

Methods for Solving Disputes

Sometimes negotiation involves arbitration – having someone else listen and make a decision for them

Mediation – when a third party tries to listen and help people come to a solution. Their suggestions are NOT binding. Steps in mediation:

Introduction Telling the Story Identifying Positions and Interests Identifying Alternative Solutions Revising and Discussing Solutions Reaching an Agreement

The Court System

U.S. is an adversarial system – court cases are

a contest between opposing sides. The judge is like a mediator.

Some European countries use the inquisitional system – the judge controls the trial and may present evidence, confront witnesses, etc.

Trial Courts

Trial Courts

Criminal Courts Civil Courts

PlaintiffDefenda

nt

Prosecutor

Represents the State

or the Federal

Government

The person

bringing charges against

someone

The Accused

Most never go to trial because a plea bargain is

usually reached

Many never get to court because a settlement is

reached

Opening Statement by Plaintiff or Prosecutor Opening Statement by Defense Direct Examination by Plaintiff or Prosecutor Cross-Examination by Defense Motions Direct Examination by Defense Cross-Examination by Plaintiff or Prosecutor Closing Statement by Plaintiff or Prosecutor Closing Statement by Defense Rebuttal Argument Jury Instructions Verdict

Steps in a Trial

Jurors

In most cases, they are chosen through a process known as voir dire examination Opposing attorneys questions prospective jurors to

see if they want them on the case Not every juror questioned will be chosen

Removal for Cause – a prospective juror is removed due to the impression they gave that they could not render a fair decision

Peremptory Challenges – each attorney is given a certain number of prospective jurors they can eliminate without giving a reason.

Appeals Courts hear cases where the losing

party thinks something went wrong and they want another set of judges to hear the trial

What could go wrong? Error of Law – the judge made a mistake

applying the law to the case This is usually the only way a case gets heard by

an appeals court

Appeals Courts

Precedent – this is set when an appeals court

renders a decision. It means this new interpretation or change in interpretation is how the lower courts must also apply the law.

Dissenting Opinion – issued by judges who did not agree with the majority opinion

Concurring Opinion - issued by judges who agreed with the majority opinion, but not with what it was based on.

State Courts

Hear cases that deal with state law as well as many areas of federal law.

State courts have trial courts, depending on the state, they can be called Superior County District Municipal

State & Federal Court Systems

Federal Courts are courts of limited jurisdiction

Criminal & Civil involving federal law Cases when the parties are from different states

and the amount disputed is more than $75,000

U.S. District Court

(Federal Trial Courts)

U.S. Circuit Court of Appeals

U.S. Supreme Court

Municipal or County Court (Local Trials)

Intermediate Court of Appeals

State Supreme Court (Highest State Court)

Appeals

Federal Courts

State Courts

Highest Court in the U.S. Created in Article III of the U.S. Constitution 9 Justices

1 Chief Justice 8 Associate Justices

Most cases reach the Supreme Court by Writ of Certiorari. The justices review the cases appealing a ruling and use

the Writ of Cert which calls up the case Some cases reach by Certificate – the lower courts ask

for help because they don’t know how to interpret the law.

Supreme Court of the U.S.

Supreme Court begins each new session on

the first Monday in October Sessions last until late June

Once the Supreme Court issues a ruling, that ruling sets a precedent for future, similar cases This precedent is called Stare Decisis – Let the

decision stand

The International Court of Justice is part of the

United Nations. It is located at The Hague in the Netherlands They usually settle disputes between

countries

International Courts

Lawyers

Also called Attorneys Can be employed by

Federal or State Government Local Agencies Corporations Unions Trade Associations Public Interest Groups Legal Aid Organizations Private Practice Law Professors Judges Elected Officials

General Information

Those who do go to trial are called trial

attorneys or Litigators

Buying or selling real estate Organizing business Changing your family status (divorce, adoption,

etc.) Making a will or planning an estate Handling accidents involving personal injury or

property damage Signing a large or important contract Defending a criminal charge or bringing a civil

suit (suing someone or being sued)

When does one need a lawyer?

Recommendations from family or friends is the

best way. Better Business Bureau Yellow Pages What about paying them?

Most need a RETAINER fee up front (like a down payment)

They charge by the hour Some will work for a CONTINGENCY FEE – they take

a portion of the settlement you receive if you win.

How does one find a lawyer?