1. Introduction to Law Mr. BLake

2. Enduring Understandings  1. a democratic society must be based on the “rule of law.”  2. the American legal system has been influenced by the philosophy and historical origins of our country.  3. laws reflect economic, moral, political, and social values.  4. there are differences between criminal and civil laws.  5. there is a process in which federal, state, and local legislatures go through to make laws.  6.the Supreme Court influences the lawmaking process.  7. lawyers are necessary for our legal system to function

3. Essential Questions  1.Why must society be based on the “rule of law” in a democracy?  2. How has the American legal system been influenced by the philosophy and historical origins of our country?  3. How do laws reflect economic, moral, political, and social values?  4. What are the differences between criminal and civil laws?  5. How are laws made in our country?  6. How does the Supreme Court influence the lawmaking process?  7. Why are lawyers necessary in our legal system?

4. The Web of Laws  At all times you are functioning and existing within a web of complex and interrelated legal systems, court systems and bodies of laws. What are these? How do they affect you? How often do you deal with these? Complete Problem 1.1 from your text books (pg. 5).

5. What do you know?  Working with a partner, complete the ‘Introduction to Law’ “Pretest”. ~Respond yes or no to each prompt, and be sure to discuss and record (write down) your reasoning or your understanding. (During this time, text books will be assigned. Tonight’s Homework is to get your books covered.)

6. Legal Systems  In the United States there are basically two Legal Systems always at play: 1) The Civil System- the one you will really need to know the most about! 2) The Criminal System- the one you probably already know the most about and the one that you might find most interesting!

7. Legal Systems Continued:  Civil System: Parties- Plaintiff v. Defendant Moving Party- The Plaintiff Burden of Proof- With the Plaintiff- they have to prove their allegations Evidentiary Standard- “By the Preponderance of the Evidence” ‘It probably happened this way- most likely’ (51%) Case caption or name: Gordon v. Roberts (Pl. v. Defendant)

8. Legal Systems (Cont).  Criminal System: Parties- State (or Commonwealth) v. Defendant Moving Party- State Burden of Proof- State Evidentiary Standard- Beyond a Reasonable Doubt- Absolutely happened that way, 99.9 % certain. Case Name- Commonwealth v. Gordon

9. Civil Law Areas of Civil Law- Personal Injury Medical Malpractice Contracts Business/ Corporate Tax Education Law Family Law- Divorce, adoption Estates- Wills and Trusts Property Law

10. Criminal Law  Criminal Law deals with the prosecution and defense of the violation of laws~ Criminal Behavior and Crimes.  Crimes are often broken down into two basic groups- Crimes against the Person and Crimes against Property 1 ) Crimes against the Person- Homicide (Includes Murder and Manslaughter) Assault Battery Rape

11. Criminal Law Crimes against Property: Includes- Larceny Robbery Burglary Theft Embezzlement Arson Forgery Uttering

12. Court Systems Courts in the United States are divided into State and Federal Court Systems. Both Systems have a Trial Court and Appeals Courts. Trial Court- A trial court is a court where lawyers present their clients, make arguments, present evidence and allow a jury (or in some cases a judge) to issue a verdict. This is the Big Show! Appeals Court- (also known as Appellate Court) is a court that is asked to review the decision of the Trial Court to determine if a mistake was made. Therefore, in order for an appeal to be made, an error of law must have occurred in the trial court. ~To appeal to the Supreme Court of the United States, a party needs written permission from the court obtained by filing a Petition for Certiorari.

13. Court Systems State Court System- (Pa.) State Supreme Court- Appeals State Superior Court- Appeals Court of Common Pleas- Trial District Justice- Small Claims/ Preliminary United States Court System- (Federal) U.S. Supreme Court- Appeals Circuit Court of Appeals- Appeals District Court- Trial ~Pennsylvania is divided into 3 districts- Eastern, Middle, and Western. Pa. is a member of the 3 rd Circuit along with NJ, Del. And the U.S. Virgin Islands ~Important to note that an appeal is possible from the State Supreme Court to the U.S. Supreme Court.

14. Lawyers I. When do you need a lawyer? In matters concerning crimes, real estate, contracts, taxes, divorce, estate planning, corporations and business, worker’s compensation, social security, civil rights, and more. II. What does it take to be a lawyer? *4 years of undergraduate *3 years of Law School *Passing a State Bar exam *Being admitted to the Bar/ Sworn in before the Court

15. Lawyers III. Law as a Career? People who have a law degree can work in any number of fields. Only a small percentage actually ever go to court. Government, Corporations, Law Enforcement, Consulting, the Military are all places where law degrees are valued, in addition to traditional law firms and practices. Salaries- Average starting salary today in a Doylestown firm is around 80,000 and in Philadelphia around 115,000 (depending on the firm). Depending on the type of practice, there is no limit to earning potential.

16. Lawyers IV. How are Lawyers paid? Usually depends on the nature of the case. 1.Hourly- many attorneys charge by the hours. Locally 200-300 is probably average, but at large firms it could be 400-1000 and hour. (commercial, corporate, general defense.) 2.Flat Rate- set fee. (Divorce, real estate, wills) 3.Contingency- Percentage of the award. May not make anything but will take a percentage of an award. Usually 30-40%. (Personal Injury). 4.Pro Bono. Free. Public service. *Retainer-a down payment the attorney will bill against. Many attorneys require this depending on the case.

17. Lawyers V.Where can you find an Attorney? *Phone Book *Internet *Referral Service/ Bar Association * Martindale and Hubble Directory of Lawyers * Mr. Blake! (Seriously…call me years from now and I’ll send you to the right person)

18. So… What is a Law?  Define in your own words. ~ work with the student next to you and come up with your own definition. ~be prepared to share your answers. "I fought the Law"

19. Two-Part Definition Laws-  Rules and regulations made and enforced by some kind of government  Laws are provided to regulate society’s conduct

20. Definition of Law (cont’d)  Present-day governments cannot function if laws are not enforced or respected  1. this is known as the “rule of law” (ALL society members must follow laws)  2. No one should be above the law (Is this reality???)  ~Example? One of the reasons why the legal system is symbolized by a balanced scale is because in theory everyone is seen as “equal” before the law

21. Goals of a Legal System  Protect the rights of citizens (freedoms they enjoy)  Promote equality in society  Resolve conflicts between citizens when they cannot be resolved themselves  Promote order and stability in society

22. JURISDICTION- What court?  Jurisdiction, in legal terms, means “area of control”, or to have control over a situation or matter. Jurisdiction of the court means that the specific court in issue can appropriately hear a case.  Factors such as the legal subject matter of a case, the locale of the incident or the residential status of the parties can determine the Jurisdiction of a matter ~ Which court will hear the case.  Read packet pages 18-20, and answer the questions on pgs. 21 and 22.

23. Law in “Action”…. “Law is the Truth” “You’ve got Rights…and lefts…” “Student Rights” “The Laws of Science”

24. The Trial Process The Trial Process- what is involved in readying a case and bringing it to trial? There is a complex set of steps that must be addressed when bringing a case to trial. The steps can vary depending on whether it is a civil or a criminal matter. * Generally, preparation includes investigation, interviews, fact gathering, document reviews, witnesses interviews, research, writing of briefs and memorandums. The actual trying of the case also follows a prescribed series of steps. See page 49 in the text. *Complete packet pages 26-30.

25. Jury Trials The right to have a trial by a Jury is established in the Bill of Rights, specifically in the 6 th and 7 th Amendments. The concept of a Jury trial came to the Colonies in the early 1600’s with the establishment of the colony of Jamestown. The process of a Jury trial has evolved over time to its accepted from of 12 jurors, unless reduced by agreement. Juries are selected typically from voter registration records.

26. Amendment VI Right to a fair trial In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

27. Amendment VII Rights in civil cases In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

28. Juries  Read packet pages 33-37 and respond to questions on page 38.  12 Angry Men!  Review Page 40- assignment due the day after the film is completed.

29. Where did the concept of “Laws” come from?  Brainstorm….  Share your answer…

30. LAWS- why, what and how? Where do our Laws come from? Why are certain things legal while other things are illegal? Origins of Laws- Many laws trace their routes to times where laws weren’t written out, where they were part of the moral code of that society. Many of these moral values morphed into customs, religious tenets and eventually into laws. They reflected a society’s Values. *Basis of Laws- Moral Economic Social Political Complete problems in text 1.2 and 1.3. Record your answers.

31. Values of Society…..  Laws are created to reflect the values of a society (what a society feels is important)  1. moral – laws that deal with “right and wrong conduct  2. economic – laws that deal with money

32. Values (cont’d)  3. Political – laws that deal with the relationship between government and individual  4. Social – laws that society deems to be “important at the moment” (i.e. smoking bans)

33. How Did The U.S. Legal System Develop?  We are based on a democratic system of government  1. created by the Greeks and Romans  2. citizens vote for representatives in government who in turn pass laws on behalf of their constituents  ~ What is this called? The Roman Senate represented both classes in Roman society: upper (patrician) and common (plebian)

34. Laws  Sources of Law- Laws today in the U.S. come from two sources: 1) Courts- the decisions of courts are binding law. This type of law is known as “Common Law”. Examples: “Marbury v. Madison” “Maryland v. McCulloch” “Roe v. Wade” “Miranda v. Arizona” Use your text book to define and explain the importance of the above cases.

35. Sources of Law… 1) Legislative Bodies- Both State and Federal Legislatures create hundreds of laws every years. These are known as Statutes. Many statutes are often published together as a Code. -This type of law is known as “Statutory Law” Examples- Driving age must be 16 Drinking age must be 21 Must be of a certain age to Marry

36. Laws  Review of “Class’ Laws”- Class favorite?  What type of laws would the class created laws likely be? Common Law or Statutory Law? Sources of Statutory law in the U.S. and Pa. In the U.S. – statutes passed by Congress become part of the United States Code.U.S.C. In Pennsylvania, they become part of the Pennsylvania Code (which is recorded and published as “Purdons”.) A code is a compilation of published Statutes.

37. Group Activity- Create your own Law.  In small groups, as assigned, brainstorm and create a “law”. Guidelines: * You must have a clear definition of the law *What is the intent- why is it needed? *The law should be relevant to High School age students *How will the law be enforced *What are the penalties for violating the law Make your law!

38. Dumb Laws Activity Complete “Dumb Laws and Dumb People” Be ready to share your answers.

39. REVIEW  Complete Fact Scenarios and Hypotheticals Hand out to identify parties, actions, and burdens of proof.  Hint- will be a similar section on the Unit Test.

40. Alternative Dispute Resolution In the civil system, most issues and disputes between two parties are resolved well before a Trial ever happens. Trials are truly a last resort (in a civil case). (Trials are a constitutional right in a criminal matter). When two parties formally have “sued” each other, or initiated litigation, they obviously have an “issue” that could not be resolved directly between one another, and at least one party decided to get an attorney involved. Why? Maybe the issue involved complex legal questions, or a large amount of money is involved, or one side was unwilling to compromise.

41. Methods for Solving Disputes Most civil matters resolve well before trial, most commonly through one of the following: Define the following terms in your notes, pg. 41-44: Negotiation Settlement Arbitration Mediation Review figure 4.1 on pg. 41

42. A.D.R. Record in your notes, the steps to Mediation an explain. Pg. 43 Complete problems 4.1 and 4.2

43. The U.S. Constitution  In the United States, the Constitution is the Supreme law of the land.  All laws in existence must be “Constitutional”, in that they can not contradict the provisions of the Constitution and our rights obtained therein.  Whether a law is Constitutional is a decision reserved for the Supreme Court

44. Intro to law quiz- Vocab 1. What criminal charge carries a sentence of less than a year. 2. A person accused of a crime or civil wrong is known as? 3. Who represents the state in a criminal action? 4. Crime for which a penalty can be greater than a year? 5. What is the burden of proof in a Criminal Matter? 6. Burden of proof in a civil matter? 7. What is meant by “Limited Government”? 8. What is the study of Law known as? 9. What is meant by “no one is above the law”? 10. In a legal sense, what are “damages”?

45. Intro to Law – Unit 1 quiz 1. What two Court systems co-exist in the United States? 2. What Circuit is Pennsylvania in? 3. What other States and Territories are in the same Circuit? 4. What is the study of law and legal philosophy known as? 5. What is a crime punishable for less than one year known as? 6. Who represents the State in a Criminal Action? 7. Who are the parties to a criminal action? 8. What is the burden of proof in a criminal case? 9. Who are the parties to a civil action? 10. What is the burden of proof in a civil case? 11. What must be present for a party to file an appeal? 12. What formal request is filed for the Supreme Court to hear a case on appeal?

46. Introduction to Law- Unit I – Quiz no. 2 1. A jury (often 12 people) present during a trial is known as a ______? 2. In legal terms, money asked for by a plaintiff for injuries is ______? 3. If there is no jury in a case, who acts as the trier of fact? 4. A lawsuit brought on behalf of one or more on behalf of a larger group, all of which have a common cause of action. 5. What type of system has sides “square off” in a court of law? 6. A criminal accusation that has not yet been proven is? ___________ 7. A request made in a law suit that a judge take specific action is ____? 8. Explain Voir Dire? 9. During a trial, when are leading questions permitted? 10. In the Rainmaker, Rudy Baylor is involved in 3 legal matters. What are they? I.D. by type of case (1 pt. for each correct ans.) 11. What event in the Rainmaker changes the value of the case? 12. What is the caption of the main case in the film?