1. Introduction to Law & the Legal System
Individual & the Law

2. What is Law?

3. Law & Values 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

4. Human Rights 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

5. 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

6. Balancing Rights With Responsibilities
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

7. Kinds of Laws
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

8. Lawmaking

9. Legislatures
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

11. 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”

12. 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?

13. 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?

14. Agencies 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

15. 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

16. Courts 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.

17. International Lawmaking
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.

18. Advocacy

19. The Art of Advocacy Advocacy is the active support of a cause.
Also involves being able to convince others to support your cause too

20. Lobbying
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

21. 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.

22. Voting 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

23. 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.

24. Settling disputes

25. Methods for Solving 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

26. 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

27. The Court System

28. Trial Courts
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.

29. Trial Courts Criminal Courts Civil Courts Prosecutor Plaintiff
Defendant
Represents the State or the Federal Government
The Accused
The person bringing charges against someone
Most never go to trial because a plea bargain is usually reached
Many never get to court because a settlement is reached

30. Steps in a Trial 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

31. 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.

32. Appeals Courts
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

33. Precedent – this is set when an appeals court renders a decision
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.

34. State & Federal Court Systems
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

35. 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

36. State Supreme Court (Highest State Court)
U.S. Supreme Court
State Supreme Court (Highest State Court)
Federal Courts
U.S. Circuit Court of Appeals
Intermediate
Court of Appeals
State Courts
Appeals
U.S. District Court
(Federal Trial Courts)
Municipal or County Court (Local Trials)

37. Supreme Court of the U.S. 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.

38. 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

39. International Courts
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

40. Lawyers

41. General Information 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

42. Those who do go to trial are called trial attorneys or Litigators

43. When does one need a lawyer?
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)

44. How does one find 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.