Intro to Law and the Legal System - Pt. 2 : Intro to Law and the Legal System - Pt. 2 Settling Disputes, The Court System, Lawyers
Review: What is Law? : Review: What is Law? Laws are rules made by the government that tell people in society how they should act.
Laws generally reflect people’s ideas about right and wrong. However, not everything that is immoral is illegal.
Human rights are the rights that belong to people simply because they are human beings.
Law can be divided into two major categories: civil and criminal
The United States Constitution is the highest law in the United States.
Review: Lawmaking : Review: Lawmaking Legislatures make laws in the United States. Executive and judicial branches of government also have a role in lawmaking. Even voters can act as lawmakers.
National and state legislatures and local lawmaking bodies have the power to pass laws.
Legislative bodies usually write only general laws. Government agencies then develop rules and regulations that make laws more specific.
Courts also make laws by establishing precedents.
International laws are established through treaties, or agreements between nations.
Review: Advocacy : Review: Advocacy Advocacy involves strategies aimed at influencing the creation and implementation of laws and policy.
Lobbying is an attempt to influence the law by convincing lawmakers to vote a certain way.
Voting is a basic constitutional right by which eligible citizens elect representatives to act on their behalf when making and enforcing laws.
Settling Disputes : Settling Disputes Conflict
Sometimes causes problems
Can also be productive if handled in a responsible way
Our legal system serves, in part, the purpose of settling disputes
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Negotiation : Negotiation The process by which people try to reach a solution acceptable to all.
The skills involved in negotiating are used everyday
Negotiation : Negotiation Phase 1: Preparing to Negotiate
Phase 2: Negotiation
Phase 3: After the Negotiation
Negotiation : Negotiation Often, attorneys file a case in court as a means to facilitate negotiation.
This negotiation often results in a settlement.
an agreement between parties dismissing the need for continuing with the court case
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Arbitration : Arbitration Both parties to a dispute agree to have one or more persons listen to their arguments and make a decision for them.
The hearing and determination of a cause between parties in controversy, by a person or persons chosen by the parties. This may be done by one person; but it is usual to choose two or three; or for each party to choose one, and these to name a third, who is called the umpire. (Webster’s 1828)
Arbitration : Arbitration Arbitrators have the authority to make the final decision and the parties must follow it.
in this, an arbitrator acts as a judge
exception, non-binding arbitration
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Mediation : Mediation Takes place when a third person helps the disputing parties talk about their problem and settle their differences
Unlike arbitrators, mediators cannot impose a decision on the parties.
Mediation Steps : Mediation Steps Step 1 - Introduction
Step 2 - Telling the story
Step 3 - Identify positions
Step 4 - Identify alternative solutions
Step 5 - Revise & discuss solutions
Step 6 - Reaching an agreement
The Court System : The Court System United States has many court systems.
Each state has its own court system.
There is also a system of federal courts.
Highest court in the land: Supreme Court of the United States
Trial Courts : Trial Courts Listen to testimony from witnesses
Consider evidence
Decide the facts in disputed situations
Trial Courts : Trial Courts Adversarial system: a contest between opposing sides
Judge: presides over the trial protecting the rights of those involved, holding attorneys to the rules
U.S. Constitution:
6th Amendment guarantees right to trial by jury in criminal cases
7th Amendment guarantees right to trial by jury in civil cases in federal courts
Juries : Juries Jury selected & charged with task of determining facts and applying the law in a particular case
To serve:
US Citizen
at least 18
able to speak & understand English
resident of the state
Juries : Juries Selecting a jury for a particular case:
Voir dire: examination by lawyers of prospective jurors to discover prejudices or preconceived opinions
Removal for cause: attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict
Peremptory challenge: a limited number of jurors removed without stating a cause
Steps in a Trial : Steps in a Trial Opening statement by plaintiff/prosecutor
Opening statement by defense
Direct examination by plaintiff/prosecutor
Cross-examination by defense
Motions
Direct examination by defense
Cross-examination by plaintiff/prosecutor
Closing statement by plaintiff/prosecutor
Closing statement by defense
Rebuttal argument
Jury instruction
Verdict
Appeals Courts : Appeals Courts The losing party presents arguments asking the court to review the decision of the trial court.
Other party presents arguments supporting the decision of the trial court.
No juries; no witnesses; no new evidence.
Only lawyers appear before judges.
Appeals Courts : Appeals Courts Not everyone who loses a trial can appeal - requires a claim that the trial court has committed an error of law
occurs when the judge makes a mistake as to the law applicable in the case
Appeals Courts : Appeals Courts Issues a written opinion or ruling when it decides a case
Opinion sets a precedent for similar cases in the future
Lower courts in the area where the decision was made must follow precedent (this is the courts making law)
Courts in other areas of the country are not bound to follow precedent
Appeals Courts : Appeals Courts Opinions:
Majority opinion: states the decision of the court
Dissenting opinion: states the reasons for disagreement with the majority opinion
Concurring opinion: states agreement with the majority opinion but for different reasons
State & Federal Court Systems : State & Federal Court Systems 2 separate court systems
State courts: hear cases that deal with state law as well as many areas of federal law
Federal courts: limited jurisdiction
hear criminal and civil cases involving federal law
civil cases involving parties from different states when amount in dispute is more than $75,000
94 district courts / 13 circuit courts / final court of appeal: Supreme Court
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State Courts : State Courts Most state court systems resemble federal courts in structure
Trial courts: may be called superior, county, district, or municipal courts
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Federal Courts : Federal Courts Article III of Constitution
creates a Supreme Court and gives Congress the power to create lower courts
Country divided into 94 judicial districts
These districts are placed in 12 regional circuits
each circuit has a court of appeals
Federal Courts : Federal Courts U.S. Court of Appeals for the Federal Circuit
jurisdiction determined by subject matter rather than by geography
Hears appeals from the following courts:
US Court of International Trade
US Court of Federal Claims
US Patent and Trademark Office
US Tax Court
Court of Verterans Appeals
Tribal Courts : Tribal Courts Native Americans have certain powers over their reservations, such as the power to regulate family relationships, tribal membership, and law and order on the reservation. Sometimes Congress allows, or delegates, additional authority to tribal courts.
Supreme Court of the United States : Supreme Court of the United States The U.S. Supreme Court establishes the most important legal precedents. All courts in the United States must follow U.S. Supreme Court decisions. There are nine Supreme Court justices. These justices are nominated by the president and confirmed with the advice and the consent of the Senate.
International Courts : International Courts The United Nations established the International Court of Justice, the most important court that enforces international law. The International Criminal Court tries individuals for war crimes and other international crimes.
Lawyers : Lawyers Important to know:
When do you need a lawyer?
How do you find a lawyer?
How do you work with a lawyer?
Law-Making : Law-Making Laws that we are to obey come from many sources, including national and state governments.
Constitutions, legislatures, voters, administrative agencies, courts, etc.
Legislatures : Legislatures Legislatures are primary law-making bodies at national and state levels:
Congress: Senate (100 members; 2 from each state) / House of Reps (435 members; from each state according to pop.)
Can pass laws that are binding on the people in every state.
Authority is exercised through the passage of laws known as federal statutes
Federal statutes deal with issues of national impact...
Legislatures : Legislatures State legislatures pass statutes for their respective state
every state has a two-house legislature (except Nebraska)
most state legislatures meet every year (some states meet every 2 years)
pass laws with statewide impact
Legislatures : Legislatures Congress is limited to pass laws only where it is given power in the Constitution
States have broader power to legislate in all areas where Congress was not granted power
Legislatures : Legislatures When federal laws come into conflict with state laws the courts may have to rule
Sometimes the courts use the supremacy clause to establish that the federal law is to be applied
Supremacy clause is based on Article VI of the Constitution which states that “the Constitution and the Laws of the United States ... shall be the supreme law of the land.”
Legislatures : Legislatures Other lawmaking bodies include county or city councils, boards of aldermen, local boards of education
Local governments pass ordinances or regulations
Legislatures : Legislatures Disputes over what a law means frequently end up in court.
A judge who interprets what the legislature means is determining legislative intent.
Two Rules of Determining Legislative Intent:
courts will not enforce laws that are so vague that it is unclear exactly what conduct is prohibited
if there is doubt as to the meaning of a word in a criminal statute, the word must be strictly interpreted against the government
Agencies : Agencies Many of the laws that affect you are made by government agencies
Legislative bodies authorize administrative agencies to develop rules and regulations to make laws more specific
Agencies include: OSHA, EPA, Department of Homeland Security, DOT, TSA, etc.
Agencies : Agencies Administrative agencies with most impact in daily life are at state and local levels:
Zoning Commission, for example
Agencies : Agencies Administrative agencies are hidden lawmakers, making numerous rules and regulations that affect business and industry, as well as individuals.
Courts : Courts Law is also made by courts
Consider:
A court conducts a trial
The person who loses appeals to an appellate court
An appellate court issues a written opinion that sets a precedent for similar cases
Lower courts in that jurisdiction now follow precedent
International Lawmaking : International Lawmaking International law: the law that applies to the conduct of countries
Most often made through treaty
Treaty: an agreement or contract between countries
Typically regulate commerce among countries, refugees crossing national borders, ownership of property including copyrights and patents, the environment, etc.
U.S. Constitution provides that treaties are the supreme law of the and if they are signed by the president and then ratified by 2/3 of the U.S. Senate
Advocacy : Advocacy The active support of a cause
The art of persuading others to support the same cause
Based on the careful gathering of facts, the development of excellent communication skills, and the creation of an effective plan and timeline.
Lobbying : Lobbying A way to influence the law-making process by convincing lawmakers to vote as you want them to.
Methods include expressing opinions individually or as part of a group, in person or by letter/phone/e-mail.
Also use political contributions, ads, favors, letter-writing campaigns, etc.
Voting : Voting A basic constitutional right.
Vote for representatives
In some instances, people can vote directly on proposed laws
Voting : Voting Initiative: a procedure that enables a specified number of voters to propose a law by petition. The proposed law is then submitted to either the electorate or the legislature for approval
Voting : Voting Referendum: occurs when a legislative act is referred to voters for final approval or rejection.
Recall: many states permit recall elections, which allow voters to remove elected officials from office.
Voting : Voting Qualifications: U.S. Citizen (by birth or naturalization); at least 18 by the date of election; resident of community where registered
Changes in qualifications:
15th Amendment: Right to vote not denied on account of race, color, or previous condition of servitude (1870)
19th Amendment: Right to vote not denied on account of sex (1920)
24th Amendment: Right to vote not denied by reason of failure to pay any poll tax or other tax (1964)
26th Amendment: Right of citizens who are 18 years of age or older to vote not denied on account of age