THE PARALEGAL PROFESSIONAL PA101 Unit 3 Seminar

Seminar Back-up Plans LOSE AUDIO ? continue with typed lecture BOOTED OUT? Try to get back into seminar and if we can’t, we’ll open up a chat room under the CHAT TAB of the classroom CAN’T GET INTO CLASS EITHER? Don’t worry! If we can’t continue, I’ll post seminar notes in Doc Sharing.

Discussion Board Tips Make at least 3 substantive posts per week. Answer the main post in depth, and respond to other students in depth. Build upon another’s response. A substantive response is not just agreeing with or disagreeing with or simply complimenting another student. Explain why you agree or disagree. Add your take, ask questions, show links you found. Offer dialogue that relates to the objectives of our course and keep the conversation on track Incorporate the course materials Offer relevant workplace experience Offer an opposing viewpoint - in a courteous manner Read every post—it gives you a sense of what issues are intriguing and helps you prepare responses. Please read my posts—I often address the whole class in a response to keep the discussion going. Take the time to review your posts before submitting. Read, re-read, and proofread and spell check—this is practice for preparing professional communications.

LATE POLICY Please make every effort to submit all assignments on time. This is good practice for the professional world. In the legal arena, deadlines are crucial! If you know you will not be able to meet a deadline, communicate with the instructor as soon as possible requesting an extension. Don’t give up!! As a last resort, submitting an assignment late is always better than receiving a zero.

Other Administrative Issues Check for new Announcements each time you enter course. Review the written assignment grading RUBRIC. CITE to sources. Avoid PLAGIARISM. Ask questions! Don’t be afraid to COMMUNICATE with instructor about issues, problems or concerns. 5

Unit 3 Checklist: 1. Seminar (or alternate assignment) 2. Discussion Board 3. Quiz

SOURCES/HISTORY OF AMERICAN LAW Where do our laws come from?

Schools of Jurisprudential Thought 1. natural law school 2. historical school 3. analytical school 4. sociological school 5. command school 6. critical legal studies school 7. law and economics school

HISTORY OF AMERICAN LAW ENGLISH LEGAL SYSTEM 1. Law Courts 2. Chancery or Equity Courts 3. Merchant Courts

HISTORY OF AMERICAN LAW (cont.) 1. Religion/Morals defined criminal conduct 2. Colonial Governments 3. Articles of Confederation 4. U.S. Constitution 5. Bill of Rights and Constitutional Amendments

FEDERALISM the power to govern is shared by one central or federal government and the 50 state governments

Federal (U.S.) Sources of Law U.S. Constitution Treaties Federal statutes Federal case law (including Supreme Court cases) Federal administrative rules and regs  Federal laws take priority over state law

State Sources of Law State Police Power State constitutions State statutes State agencies rules and regs State case law from state courts Local laws and ordinances from cities, towns, etc.

Supremacy Clause & Priority of Laws in U.S. 1. US Constitution takes precedence over all other law 2.Federal statutes take precedence over federal regulations 3.Federal laws takes precedence over state law where the state law conflicts 4.Similarly, state constitution represents highest authority in the state, state statutes then state regulations.

COMMON LAW SYSTEM – STARE DECISIS 1.Past court decisions become guidance or precedent for future cases 2.Lower courts must follow the precedent set by higher courts 3.Courts of one jurisdiction are not bound by the precedent of another jurisdiction 4.Adherence to stare decisis promotes uniformity and predictability of our legal system

U.S. CONSTITUTION ◆ Three separate but interrelated branches of government. ◆ Each branch has the ability to influence the other branches. ◆ The primary function of each branch is distinct from the others. ◆ The Constitution provides for enforcement power, continuous government, input by the citizens, approval of constitutional amendments by no less than three-fourths of the state legislatures in addition to two-thirds of the Congress.

3 Branches of Government 1. ARTICLE I - Legislative 2. ARTICLE II - Executive 3. ARTICLE III - Judicial

CHECKS AND BALANCES The three branches of our are not independent of one another because the Constitution set up a system of checks and balances to help ensure that no one branch became too powerful. Each branch has powers that it can use to check and balance the operations and power of the other two branches

Delegated vs. Reserved Powers Delegated powers (enumerated) —those powers set forth in the Constitution assigned to the federal government. (Postage, coining money and national defense) Reserved powers (10 th amendment) —those powers not delegated to the federal government are left to the states Concurrent powers – (environmental protection)

COMMERCE CLAUSE Enumerated power listed in the Constitution (Article 1, Section 8, Clause 3) Congress granted the power to regulate trade with foreign governments, between states and with the Indian nations Regulating national and international trade

BILL OF RIGHTS first ten amendments to the US Constitution ratified in 1791 and guarantying certain fundamental rights For example……… 1st Amendment: Freedom of Speech, Freedom of Religion, Right to Assemble 2nd Amendment: Right to Bear Arms 3rd Amendment: Protection from quartering troops 4th Amendment: Protection from unreasonable search & seizure 5th Amendment: Due Process, Self Incrimination, Double Jeopardy, Eminent Domain 6 th Amendment: Speedy Trial, Etc.

Freedom of Speech 3 categories: 1. Fully protected speech 2. Limited speech 3. Unprotected speech

Freedom of Religion Establishment Clause Free Exercise Clause

DUE PROCESS 1.No person shall be deprived of Life, liberty or property with out due process of law 2.Applies to the actions of the federal government (5 th Amendment) and the state and local governments (14 th Amendment) 3.Substantive due process requires that laws enacted by the government be clear on their face and not overly broad 4.Procedural Due Process requires government give notice and hearing to the individual of any legal action taken against her

Equal Protection Clause Where do we find it? What is it?

Equal Protection Clause Famous U.S. Supreme Court cases 1896 – Plessy v. Ferguson -separate railway accomodations in Louisiana dividing blacks and whites were “separate but equal” 1954 – Brown v. Board of Education -separate but equal is inherently unequal and violates the equal protection clause

Equal Protection Clause analysis How the Supreme Court analyzes these types of cases:  Strict scrutiny test  Intermediate scrutiny test  Rational basis test

Equal Protection Clause Strict scrutiny test: laws based on race or national origin are unconstitutional Intermediate scrutiny test: laws based on age or gender will be examined by Court to determine if the law is “reasonably related” to a legitimate govt purpose Rational basis test: laws that do not involve a suspect (protected) class will be upheld by Court so long as there is a justifiable reason for the law

Equal Protection Clause These two cases (Plessy v. Ferguson and Brown v. Board) are a classic demonstration of U.S. Supreme Court overruling itself as society changes What does that mean for you as a paralegal?

American Legal System Fairness of the Law Flexibility of the Law  Sometimes the law changes society  Sometimes society changes the laws

THE END Questions? me at ASK THE PROF Have a great week! Good luck!