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Law and the Legal System

by: Daniella Prosacco

Law and the Legal System POLS 210

Daniella Prosacco
GPA 3.57

John Kilwein

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John Kilwein
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This 25 page Class Notes was uploaded by Daniella Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 210 at West Virginia University taught by John Kilwein in Fall. Since its upload, it has received 16 views. For similar materials see /class/202696/pols-210-west-virginia-university in Political Science at West Virginia University.

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Date Created: 09/12/15
Section II Wednesday Felnuavy 09 quotan 3 47 PM Ai Becoming a Lawyer An Overview 1 B AB s 39 Inthe US a bacheiors degree is necessaryfor iaw schooi 39 There is no required undergraduate materia Phiiosophyand 39 Iniiiu UHEi 39 39 39 LSAC made up ofGPA LOR LSAT I c h i Am i n r i u yuui 39 GPA D uuueigiauuaieBottom threshoidisa3 0 D 39 39 h d p LilUUi L A was created uiyuui iyearuuiy yuui iii iay a D u y WYi i I D LSAC iooks at s and 39s on grades and doesn t recognize DF repeats D 3quot d 39 39 39 in iawschooi D Operates on a beii curve from 120180 with the mean score at 150 quot d 39 yeai Februar lune um My nFerhPr D 39 Letters of recommendation Best to have a professor who has had you for many ciasses D A professorin a ciass that you write or participate reguiariy D g mi htnot an hai D Letters from iaw reiated managers are great man 1 pages 39 39 y y be admitted tothe schooi Get V this proofread by muitipie peopie 2 Law Schooi 39 Approximateiy 210 iaw schoois there is moneyto be made in providing iaw schooi 39 1 S h B y d 39 U inui me 39 39 in any stateGoingt0an0nABA in my an y u U take went to schooi in 39 y g 39 individuaisF0cus ona nationaicurricuiumStudentsfr0m these schooistend to be piaced inthe topfirms inthe top iegai markets 39 HEUp25UI 39 39 iegiuuCurricuiumis based ona nationai focus and not on a state focus These schoois tend to piacetheirstudents inthe bestfirms intheir region 3 Locai Schoois 39 39 meii iegiuu More iikeiytofocus 0n the regionai iaws Piace students in iocaijobs 39 Priorto 1 M ay attorney The iawyerwouid give you iuuea iugiy iiiuie a k auu ieaLH yuu more and I reading ofthe iaw Vourjob was to read the iaw duringfree times Finaiiythe iawyer was responsibie fordetermining whenyou shouid g0 thejudge and swearthat he trained the iawyer and that he is ready The Judge wouid then iet you inthe bar 2142011 340 PM Ilyuu aHCUUg010wa i ia y uijuu a U Y before 39 am U naiu iawyers me aiueu p think 39 This moved iegai training from practicai hands0n iearning totrainingto think 39 In Scotiand Law schooi invoives a 1 year apprenticeship atthe end 0f3 years of schooi I nyiu U ueak L 2nd and 3rd 39 Inthe US iaw schooi is intended to be a generai education not a speciaiization 39Tere39 39is39 4 d 39 me iii iyeai u ia LilUUi is designed quot39 395 t0 testyour iimits i he ia LHUUi iii Hy U at up yuui 39 39 39 39 39 ieavethe iaw schooiTheywanty0u to be there MF 95 This makes it difficuit to work during schooi 2 First year of iaw schooi is exactiy the same everywhere 3 Law schooi reiies uu 39 iiiemuuy d d required to give briefs and discussthem in ciassThe idea39 y u miukiui yuui en A piuie Ui quot more difficuit questions untii he gets you to screw up 39 2nd and 3rd year iaw schoois are much more pieasurabie D You can pickthe ciasses you want to take D Ciasses decrease in size and become iess Socratic 39 Summersin 39 ia HAUCVH iiiey uueu iiueiu nip withiawfirms 39 Criticisms against iaw schooi 1 Not enough practicai skiiis taught 2 Professors are too busy 3 Law schooi39 39 p y 39 y 39 5Vou uuu ueeu 39 LLM MA in Law Here you can speciaiize on an area ofthe iaw 39 LLD PhD Generaiiy professors ofiaw schooi 39 Atthe end ofthe 3rd yearyou stiii cant practice iaw You must passthe Bar Exam 3 BAR Exam nmthp quot Graded uy me mm 39 Designed to see ifyou havethe practicai 39 you might have to take muitipie exams for iocai states 39 5 year reciprocai agreement afterSyears of practice a bordering state wiii most iikeiy give you a simpiified bar exam orjust admit you to itThis is oniy ifyou go to anABAapproved university 4 3 Y ia yei 39 uyuununkm am It quot 3timesayear 39 Astate controisthe easiness ofthe theirexam D Utah has a 90 passage rate D Caiifornia has a 56 passage rate D 2 D Section 11 Page 1 thenvery expensive BI DemographicView ofthe bar 0 b r ryone whois anAmerican Iawyer o BarAmerican BarAssociation Based in Chicago and Washington It is the AB A Then thousands of Iocai city and county bar associations 0 Most Iawyers don tjointhe Bar it isvery expensive 0 ia yei JU aEUaI mm m on Locai barassociations most peopie join these to reiate to theircommu 39t ni y 0 1951 220000 Iawyers 1971 355000 1985 6550001995 860000 2000 11 miIIion 0 Asthe bar r g auu m i o Typicai American iawyer White maie 41 years oid 100000 a year In a private firm with 7 coiieaguesthat did business civii iaw o 1908 I um m i i um b p iA Iyiauiau ii a n ui IUId ega HC papei nu aiueu h ia 39 She said that this ia 39 1 h 39 39 39 39 39 m Iluiuil I uau me brains to become a Ia er 0 1971 3 of bar was femaie 19808 198513 199524 200027 0 Most Iaw schoois are at a 5050 ad missions rate 0 AfricanAmerican 198426 199433 200042 O Hispanics 198417 199431 200034 0 Women and minority have a toughertime advancing in the job market These Minorities tend to group up and worktogether CI Work environments ofthe bar CAare home to 25 of US Iawyers o Haif ofAmerican baris in 10 states 0 77 operate in urbanareas 0 Private practice w 39 0 Private industry 10 going up D teuu u akei uu Nnt nn u me Huubie u e eiytuiug o g g p me Iate Vou gain me ELLAIi of o Federai government 4 no arrowyou workforthe federai government exceiientjob security 0 Legai aid 1 those who representthe poor 0 Ed ucation 1 Iaw professors o Other 4 Those are who couid practice Iaw but choose not to 2162011 328 PM 0 Richard Abei The professionaiization ofthe bar 2 easons forthe pro essionaiization ofthe bar Improve quaiity ofAmerican Iegai practice 39 39 39 39 h pui uit u quot betterquaiityyou reducedthe numberof iawyers and increased the prices of the remainingones lst I 1u391nI F IZI Professionai educationinvoivedyou controiyourjob nota bossyou havethe abiiityto determine pricesWorkindependence 1 A 39 39 39 39 Th quot 39 practiceofiawyersThey become quasi reguiatory bodies 2 They deveiopasignificant set ofethics code 3 The barassociationset up discipiinary procedures I 5 Y 5 L V exam 5 Prohibitionoffreecompetition Estabiished a minimum price prevented price competition 2 Prohibited anyadvertising I one h quot mm 39 p Barsaid you have to deai with 4 Fought government39s attempted to provide Iegai aid IZI Effects offirst transformat39o 0 way to quantativeiy measure this 9 Did have a significant economic effect from 1900 to 1951 the Iawyerto popuiation ratio stayed the same 9 Legai community stayed the same 9 By 1951 Iawyers are making a significant amount of money 39 2nd Transformation 19451977 The barriers ofthe profession faii 1 Peop e compiained aboutthe difficuityto become a iawyers 2 Growth in pubiic highereducation The GI Biii paid forveterans educationai fees euuLatiuu rai nqu mew out i I 3 4 Civii rights i i p p hang n iiuto uu mi mey Iaw 5 USSupremecourtsteppedin Osteen v State Bar ofArizona Bates and Osteen put an ad in the newspaper opened up a Iegai ciinic and had went beiowthe minimum price Aiso toid the pubiicthat you don t need a iawyerto soive iegai probiems Dav 39 39 6month uni a i w ek State Supreme court ofAZ upheid the revocation oftheir Iicense ase works its way upto the USSC g u i i w t ingsthe um a ma m itappeitil y u a 4 39 39 quot iook iike nay umei 39 39 m m ltgtltgtltgtltgtltgta V Biackmansees no connection 2 A professionai has to waitforyou to cometo Iook at your case and charge a price It is a misieading ad V Biackmansaysthat a Iawyerwho has been in practice fora Iong period he wiii know what to doforthose ca 3 Ifyou aiiowthis to occurthere wiii be anadverse effect on administrative justice Its betterto keep peopie ignorant about their rights 4 Ifyou aiiow advertisingyou drive upthe costs of being a Iawyer Y b M 5 It wiii i 39 39 y quotI be so afraid u in ilsas in Section 11 Page 2 maipractice V 39 me uai p 39 g g in maipractice 9 Positive consequences Bar now had much iess controi over practice ofiaw ltgt More iawyers entertne bar ltgt Bar becomes more divers ltgt Ciients pay iess for iegai services 9 Negative consequences arisfar more competitive ltgt Baris more speciaiized iawyers dotnisto increase potentiaifor ajob ltgt Who nastne bottomjobs tne new entrants tne biacks women and more diverse ltgt Fewersoio practitioners duringtnistime ltgt Reductionintne poweroftne state barassociations ltgt Deveiopment of more speciaiized bars gt TLA NBA 0 Heinz amp Laumann r v First iooilted attne mediai d D b b 1 mntnre time quot ua meieastVourstatusintne medicaifieidisafunction oftne difficuity ofyourjob uey mm ie euim er in L re you a personai or Tnose it n e D Areyou a iitigatoror an office iawyer quot 39 y 39 p we ICC auu perform in front ofan audience Prestige I I Ranking Personai Corporate D ilLitigator 4 i1 Office quot73 i2 Personai 39 I M ii in mi Hi my yai iast E Di Activities oftne bar itigator oniy 1020 oftne barsaystney iitigate Why is iitigationso rare 1 Litigation is extremeiy expensive 2 i i i i meu uuca e matgo quot nnfauit divorces 2 Negotiator Idea of iawyerto iawyer negotiation regarding ciie nt demands 3 Drafter 39 Used to be one ofthe 39 39 p ciiem on paper with computerization it is not so mucnanymore 4 Counseior Wheretne iawyertaiilts to the ciient aboutwnat to do 39 L L isie ei euuui au El Judiciai Recruitment nt e US wnenajudge becomes ajudge tnereis no programto iearn nowto be me inh appointed There is no training o In France wnenyou go to iaw scnooi you have to decide ifyou want to go into the judiciai tracilt ortne iawyertrack and once you graduate you entertne judiciai bureaucracy at the iowest ievei o ntne UStnere is a battie bw competence and accountabiiityin now we pickjudges Competence we want peopie who are smart and iltnowtne iaw 39 Vty amuui the peopie o In every otnercountrytne focus is exciusiveiyon competence o How did the US end up witntnis system 39 Coioniai period D 2212011 333 PM 2 factors deciding wnetneror not you get ontne bencn D Litmustest you didn t get totne bencn uniess you were a torre you had to supporttne crowns controi oftne coioniesTne royai governor determined if you were a torre er p innmw piLKeu 39 Jacksonian period D 39 r iquot nad p and39 39 nnmer beeiected 39 Progressive era attne turn oftne century Sayeiections providetne opportunityfor corruption D Arguetnatwe snouid eiectfewerpeo ie D Judges definiteiysnouid not be eiected tney snouid be the neutrai referees o Judiciai Eiections A ound 30 states eiect some part oftneir bencn n WV aii judges are eiected 39 Eiectionsystem 2 kinds ofeiectorai systems 1 Partisandemocratsvrepubiicanontne baiiot 2 M p v 39 p y Uuiiuameii V D Argument for lfjudges are going to have an impact on out iives we the peopie snouid be abie to eiecttnem D Argumentsagainsteiection o u V mi o Tn pi h Ms M 39 39 y w quot m 9 Eiectorate doesn t know what makes a good judge tnis couid be said for any poiiticai positiontnougn 9 40t050of 39 V pp39 39 is uetoretirementsdeatniiinessetcTneygototne xteiectionasanincumbent 39 Appointment system somebody appoints you 9 Appointers ma ilte a better job of picking 9 Betterquaiified peopie are abieto becomejudges D Against Section 11 Page 3 L there is nu 9 ay lUi Merit seiection systems Missouri Pianj D p p cuucem 39 me hand a iist to the seiecting entityusuaiiy governori Governorcan say he doesn t iiilte anyone onthe iist andthe committee wiii make another iist If he iiiltes someone onthe iist he appointsthat personfor a probationary periodAfterthe period thejudge is in a retention eiection where he is either retained or not it matter uue A 7 mi Giickfound there is no differenceyou getthe same quaiity ofjudges in aii 3 systems D Found h quot 39 39 39 39 D Maybe we don t ma heit mi 5 To be a Federai judge you have to be a UScitizen nominated bythe president and approved Informai requirements 1 39 aiIUiiLUi J i nju ges me mmmejudge wasin 39 reaiized this by the senate Ui juuiciaiauui I 1 U par 3 Seif seiection process you iet peopie know ifyou wantto be onthe bench Poiitics of how we pick judges D quot h me cum D The president reiies on 2 sources ofinf white k Wm u 2 DO concerned aboutthe personnei quaiifications iaw degree experience 9 FBI u eu lUi 39 39 39 D Senate reiies quoty 39 j 39 39 9 Judiciaryvotes and reports its vote to the senate 9 lfyou get a majority out ofthe senate you win D 39 39 quotinterruptand W D Once appointed you aretheirfor iife Canoniy be removed by death iiiness orimpeachment Imung i I i 11 Section 11 Page 4 Section III Wednesday Mth 02 2014 333 PM Al Civil LawThe Basics 0 Piaintiff vs Defendant o Piaintiff is the one who makes the compiaint saying the defendant did something that negativeiy affected him 0 The defendant has to defend himseif from the compiaint ofthe piaintiff 1 Tort Law 39 Atort is an aiieged harm 39 The piaintiff has to show the foiiowing to be abie to win ow underthe existing iaw that the defendant had a duty to prevent harm to the piaintiff We aii waik around with a duty not to harm 2i The piaintiff breached that duty somehow ii That you suffered some damages as a resuit ofthis breach ofduty 2 Contract Law 39 Deais wit 1i Contract iaw estabiishes the eiements of avaiid contract 2i Contract iaw has to deai with whether a ii The court has to determine how to read the contract 4i What sort of damages shouid the court impose 3 Property Law Property is anything that can be iegaiiy owned by one person and therefore that person can exciude anyone he or she sees fit lnAmerican iaw there is a division between real property and personal proper Reai Land buiiding cro s everything eise Money ciothes anythingthatisn39t a buiiding iand or crops 39 Acontract is a promise between two individuais to do something in the future It is backed bythe force of iaw h 396 3m m4 m0 3 or II Who is the owner ofa piece of property 2i Who is aiiowed to use a given property even though they don t own it 3i Who has the right to dispose ofa piece of property You don t aiways have to own something to dispose Exampies are deeds tities and rentais 4 EstateZSuccession Law 39 Aiso caiied probate courts seiii it Deais with the civii iegai consequences that arise after someone dies How do you deai with a persons estate coiiection of propertythat the individuai ieaves behind aiong with obiigations and debts 39 Deais With 1i Estabiishment ofa will a document that expiains how a person wouid iike their estate to be handied at hishertime ofdeath Court esn t have to foiiow this exactiy but it is a huge factor 2i Probate determining ifa wiii is iegai 3 Settiing the persons debts Good wiiis name an executorthat is the accountant ofyour estate The executor has to first asses the iegai obiigations ofthe deceased what debts were ieft behind He hasto sort out the iegitimate from the noniegitimate biiis Spouses are the oniy ones responsibie for debts ieft behind reiatives are not 4i he distribution of estateproperty 5 Famiiy Law domestic reiations iawi 39 Deve oped to join a man and woman in marriage and aiso to deai with the consequences ofthat union It is about estabiishing a partnership Expanding to homosexuai marriage as we 39 Under Engiish iaw there was common iaw and statutory iaw marriage D a a L i y In ugiauu i i priests to do this so common iaw marriages were e El Common law marriage Two individuais wouid say to the viiiage thatthey were married No iicenses or priests were invoived The individuais had to meet the requirements ofa marriage Inthe US 14 state have comm n iaw marriage but there is an ongoing battie over iegitimacy lfa common iaw marriage does exist it has aii the rights and responsibiiities ofa statutory iaw marriage 39 Famiiy iaw deais with n a marriage can begin and end Untii 39 39 h i y y g d39 i ifyour spouse went to prison went insane was vioient cheated refused to procreate was a drunk etc You had to convince the court why you shouid be aiiowed to breakthe marriage This made one personthe bag guy even ifthe divorce was mutuai 9 In 1969 Caiifornia created a no fauit divorce iaw where both spouses agree to break up the marriage and there is no battie Probiem is trying to figure out how to spiit up the money cars house etc 9 Louisiana has covenant marriage iicenses in addition to reguiar iicenses Covenant iicenses require afauit ofone ofthe spouses to have adivorce 9 There is another step caiied maritai separation where you start to protect your assets in defense of afuture divorce El Spiitting up the assets 9 re the 70s the wife wouid get a iot more uecau e they to work had to pay aiimony support payments 9 After 1970 more women were working so this expectation went away Even ifthey didn t workthere was nothing stopping them from getting ajob El Chiidren 1 The battie over paternity is this my kid or not How do you prove who is the dad Before DNAtesting a husband had to prove a chiid wasn t his DNAtesting made this much easier 2 Custody who gets chiidren after divorce It used to be the wife that got the chiidren but afterthe 70s it became 5050 custody ltgt Today ifthe two parents cant agree the court has to make an assessment 3 Chiid support ltgt Nowadaysthere is a system that takes in amount of custody and saiary and then determines the amount of chiid support El Parentai termination when doyou terminate the parentai rights ofa person El Issus of adoption Section 111 Page 1 ow IZI Civii Rights Law IZI Living wiiis wnen doyou have a right to die III New reproductive tecnnoiogy artificiai insemination Same sex marriage 39 Sovereign Immunity Tne crown or government couidn t be sued they are immune 372011 329 PM Civii rignts Iaw deveioped aftertne civii rignts period 1950s and says ifa government actorvioiates your civii rights you can then sue B The Evil Trial Process 0 o o o o Iook for any oftnese next steps in A Civii Action Most cases don t get aii 10 steps because most cases don t gototriai Standard of Proof 39 Adecision ruie that determines how a court comes to a conciusion Easiest Middie Hardest Preponderance oftne evidence Ciear and convincing evidence Beyond a reasonabie doubt Civii cases Civii cases lCriminai cases 39 Preponderance oftne evidence tne side that judgejury beiieves more wins 39 Beyond a reasonabie doubt you have to beiieve every aspect ofa prosecutor39s case beyond a reasonabie doubt tne defendant is innocent untii proven guiity Reasonabie doubt it ieft upto the juror The stakes are higher in criminai casestnus higher amounts of evidence is required 39 Ciear and convincing Iess than a reasonabie doubt but more than a preponderance oftne evidence Used in parentai termination cases juveniie deiinquency cases Up to the Iaw making body to decide its use Differences between criminai and civii cases e right to remain siient III In a criminai case you have the right to remain siienttnis can not be used against you III In a civii case you have to participate and testify Tne oniy way you can get out oftnis is by showing tnatifyou testifyyou wouid be incriminating yourseif 2 Right to counsei III In a civii case you have no right to counse III In a criminai case you do the stakes are higher 39 Oj Simpson case he was found innocent in criminai courts and he can never be tried again doubie jeopardy He was found guiity in civii court fora wrongfui deatn Uniike in the criminai case he had to testify Role ofiudge and iuryTne court has to be a trier offact and atrier of Iaw Tney answerquestions concerning fact and Iaw It is the roie oftnejury to answerquestions offact Judges answer questions of Iaw Bench Trial when both sides oftne case saytney don t want a jury and they reiy on ajudge to answer both questions Used in compiex cases Stages ofa triai o 1 2 Paying for a can st uuuei iauu Haa niai is necessary quotLumping it deciding against pursuing cnarges Looking for a iawyer 39 Intne US you have no right to counsei in civii cases 39 When you compare the US to other industriaiized countries we are on the iow end oftne iegai aid system 39 Magna Carta Tne nobies took away some powers oftne king King had to consuit nobies before acting Aiso is the first time where the government recognizes that a better Iawyer can win a case when maybe you snouidn t nave Iitigation might not aiways be fair In Engiand you have accessto counsei in civii cases if you are beiow the income standard Tneytried to simpiify tne iegai systemtney aiso attempted to eiiminate tne professionai practice of Iaw Civii and Criminai Before 1910 i Pro se pro bono pubiico 191063 PS Pb P Legai aid societies 1960pres tney spiit Civii PS PBp Legai services Criminai pub def judicare 39 Pro se quotI represent myseif In a criminai case you have to prove you are mentaiiy stabie Pro bono pubiico quotFortne pubiic good Tne profession wiii represent ciients forfree without being required to Legai aid society Germans set this up in the US to neip out new German Immigrants the more estabiisned Germans paid fortnis Hired students right out of Iaw scnooi with the expectation that they wouid work for a year ortwo They were paid very Iittie but gained a Iot of experience They were bettertnan nothing but they oniy existed in the big cities were generaiiy understaffed and avoided controversiai cases i eon vs Wainwrignt IZI Gideon said that ifyou charge a person with a feiony you have to provide them with counsei SC said the states had to provide counsei for any feiony charge and then expanded to charges that resuit in jaii time 39 Pubiic defender system run bytne governmenttnat assigns government Iawyers to cases 39 Judicare system when the state pays a private attorney to represent a defendant 39 Legaiservices pi gram39 p 39 Number of ways to Iookfor a Iawyer 1 Ifyou are poor iegai service neip 2 Prepaid Iegai services you pay a montniy fee and ifyou need a Iawyeryou can get one Like a neaitn insurance Not very popuiar in US In Germany 80 of peopie have one oftnese pians they are buiit into nomeowners and other insurances 3 In manyjurisdictions the bar has a Iawyer referrai service A Iawyer donates nisnertime to meet with a ciient and teii them whether or not they have a Iegai probiem Iftney do have a probiem tney teii them what kind of case they have Then the Iawyer gives the ciient a iist ofiawyers ne snouid go to 4 Most Iikeiy way you find one word of mouth and advertising iawyer defendant in a civii case has to find hisher own defense Piaintiffs have the option of paying a contingency fee oniy paid iftne case is won The idea behind this is that it makes the justice system democratic It opened up the Iegai system to those who couidn t use it tne poor III 333 costs Iftne Iawyer can resoive the case before papers are fiied III 40 fees iftne Iawyer gets to step 4 and fiies a compiaint iftne case goes to triai and is Iater appeaied IZI Today aimost no one pays for a Iawyer upfront III The Iawyer has to work harder to get paid 2 arguments against it Ieueiai LUIpUIaiUII mai get money it to state and Iocai programs 392011330 PM Section 111 Page 2 1 Business and39 39 39 39 lee iawyering Ui auu made America Iitigate much more They suggestthat America suffers economicaiiy because ofthis 2 Reformers peopie in bar and professorsI say contingency fee Iawyering opened up the courts but has become a The percentages are too heaviiy skewed towards the Iawyer Lawyers are far more Iikeiy to take sure winners They suggestthat the piaintiffs attorney shouid have to contact the defendant39s attorney and teiis him the piaintiffis pianning it sueThe defendant has 60 days to decide what to do lfthe defendant makes no offer and wants to fight it then you deserve the higher percentage lfthe defendant initiaiiy wants to settie then the Iawyer shouid get 15 fees If it goes totriai you get 15ofthe initiai settiement and 40 ofwhat was increased IZI Lawyers opposition y saythat your reputation has an impact ofthe casesyou get 9 Lawyers say ifyou thinkthe percentages are too highthen just negotiate them 9 In most jurisdictions the judge has to sign offon the deai they act as a safety mechanism 3 Picking a court In Canada and other centraiized system you wouid be assigned a court 39 Inthe USthere are 51 different courts and you have potentiai to choose a court lfyou have afamiiy property of bankruptcy case you reaiiy don t have a choice Intort cases you have the abiiity to shop aroun 39 Diversityjurisdiction aiiows a Iitigant to move a triai from a state courtto a federai court a casethat arose under state Iaw IZI Has to have iitigants from 2 different state IZI Has to be a significant doiiar amount right now it is gt75000 Ifa federai judge thinks it is eiigibie thenthe case is moved tothe federai system WoridwideVW vs Woodson 1980 III Product Iiabiiity case the piaintiffs argue that they bought a defective car and were injured because of it The Woodson39s get into an accident in Okiahoma and sue VW in Okiahoma state court VW doesn t operate in Okiahoma and argues that it shouidn t be tried in OK but OK state courts says they have to VW appeais to the SCand arguingthatthe state court is abusing their power The SC estabiished a principie of minimum contacts you have 39 me Iitigant had 39 me mm court they are in 4 Fiiing a compiaint 39 Acompiaint has to 1 TeII the court why it has jurisdiction why you tookthis case to this particuiar court 1 Expiain whyyou picked state vs e erai 2 Expiain why it makes sensefrom venues standpoint 2 What is the ciaim that you suffered that aiiows you to pursue this case What is it that you are seeking from the defendant 5 Fiiing an answer Law requires the defendant to fiie an answer If he doesn t respond the court hands down a defauit judgment which gives the piaintiff exactiy whatthey wanted lfthe defendant doesn t show upthey are Iikeiy to not pay as weii 1 The defendant couid agree compieteiy and pay 2 The defendant couid denythe aiiegations and refuse to pay This estabiishes the need for atriai 3 Affirmative defense The defendant says thatthe Iaw isn39t with the piaintiffthey fiies a bad compiaint and the judge shouid throwthe case ou 4 The defendant might not disagree what happened but rather how to use the Iaw Cross compiaint the defendant denies the aiiegation and in response sues the piaintiff Judge has to 6 P retriai stage 39 Motion a request forthe court to do something Activeiy used in this stage Exampie a defendant is being charged because ofa search warrant he can motion that the warrant was invaiid and shouid be thrown out M ion q ue LUuH uiu it a u ei eu properiyThe piaintiff mayjust have to redo the summon 39 Motion to strike the defendant strikes particuiar parts ofthe compiaint 39 Motion to make more definite where the defendant39s Iawyers saythe piaintiff s Iawyers did a bad job of Iegai writing and need to ciear it up 39 Motion to dismiss where you say tothe court and askthem to throw it ou 39 Motion for summaryjudgment you agree on the facts but not howthe Iaw appiies tothose facts 39 iscovery p ai ows each 39 u we umei iue Iiie auu evidence Aiiows both sides to buiid the best case possibie You39re not aiiowed to askforthe Iawyers notes on how he is going to go about doing the case 39 Depositions where an witness is interviewed bythe deposing Iawyer this is done under oath You can enterthis into the court room but usuaiiy isn39t It has 2 purposes 1 obtain information 2 aiiow you to ask questions that you wiii ask Iater in court 39 Interrogatory a iawyer sends you a Ietter requiring you to answertruthfuiiy They give you basic information and teii you whether or not you shouid depose them 39 Affidavit written statements of something that occurred 39 Pre riai Conferences 3142011 328 WI 1 o erence between the two iawyers ofa case Faciiitates discovery getting records and fiies 9 Increase probabiiity ofa soiution every court hopes that a case wiii get settied before it goes to court The courts are busy 9 Lawyers may be abie to narrow the compiaints Cut out some but not aii issues They sign a document sayingthey have dropped certainissues 2 Conference with the triai judge 9 Lawyers give the memorandum to the judge 9 Judge canteii the participants the triai specific ruies they must foiiow o Judges give the Iawyers a sche uie Judges see ifthere is anythingthey can do to bring about a settiement IZI Dothese resuit in a quickertriai Researchfound that conferences do not shorten the triai but resuit in a better quaiity triai Less Iikeiy to be appeaied gt90 of cases don t get past stage 6 0 Jury Seiection voir dire quotspeakthe truth What we want in a juror IZI Someone who knows nothing about a case beforehand IZI Someone d treaiiy wantaia yer UI i Jury array gt generai triai panei gt triai panei i thinks the case Section 111 Page 3 39 Jury array B List ofaii potentiai jurors in that jurisdiction Feions are sometimes exciuded D How doyou find who is eiigibie In the US we use driver iicenses voter registration iists property tax records Probiem not everyone shows up on these iists 39 GeneraiTriaiPanei mostjurisdictions are caiied to report on some da 9 Vourjob is to hang around aii day and wait to be caiied to a triai panei 9 Mosttimes you are dismissed without being caiied to a triai pane D In WV 9 When you are caiied forjury duty you are givena first potentiai day and must caii before that day to see if you are on it 9 You serve for 3 months at a time meaning you have to caii the night before during these 3 months D Triai panei You are brought into a courtroom with more peopie needed for a jury 9 The judge asks a series of requirements dismissing peopie aftereach requirements 9 Thenthe judge introduces you to the piaintiff and defendant dismissing anyone who knows the individuais e them 9 Finaiiy the judge gives the detaiis ofthe case and asks ifanyone knows about it beforehand 9 Chaiienges ltgt Chaiienge for cause iawyers asiltyou questions trying to see ifthere is any reason why you shouid be dismissed from the case They have an uniimited number 0 t ese ltgt Preemptory chaiienge getting rid ofajuror without giving a reason Can39t use them to eiiminate a race or genderfrom the ju Say you are seating a 6 person jury you oniy get 2 preemptory chaiienges 39 Once a jury is seated it is time to go to triai 7 Triai 1 Opening statements aiiow both sides to teii the case tothe iaypeopie These are not presentations offacts they are presentations of opinion 2 Presentation ofwitnesses both sides present their story This inciudes presentation of witnesses to support their case B 3 stages of caiiing a witness 39i t i y i pm i 39 himherquestionsVou cant ask questions that iead awitness 2 Cross The other at tourney asks questions This iawyer asilts much tougher questions 3 Redirect the initiai iawyertries to correct the damage made from cross examination 9 The iawyers must agree they are done asking questions D Lawyers cant coach a witness and teii them whatto say Agood ia yei a n yuu s e wiii ask in prepares you what questions the other side is going to asiltyou He wiii aiso tryto prepare a witness and caim himher down D Anything you might have a probiem withyou must bring up in court 3 Summations and ciosing arguments D Expiaining to the jury what they heard and preparing the juryfor a decision 4 Jury charge Judge gives the jury a set ofinstructions to heip answer what took piace 1 Patterned prewritten instructions given to every juryto every case in that jurisdiction 1 i s You cant get them wrong They areimpartiai They are uniform iii Cons 39 Ajudge reads the same ruies every time and aren39t enthusiastic 39 Not veryfiexi ie 2 Requested Whenthe iitigants agree on a set ofspecific instructions for a particuiar case i Con 39 Increase possibiiity ofan error Some peopie argue that jury charges are difficuit to understand and too iong Aiso some suggest juries shouid be given the c harges before the triai n some jurisdictions you aren39t given a copy ofthe charge 39 Daiias countyJury Study Steeie and Thornburg D u ai quot 39 m ilail yaiedoing D They want to find outthe ievei ofjuror comprehension and whether or not it can be increased by rewriting it I iegaiiy incorrect I nothing repeated bacilt correctiy P convoy group read the origina patterned charge 1p 2 93 5 R read rewritten charge r 1 69 30 15 are the 5 different charges read 2p 1 70 9 r 1 79 20 1 3p 2 79 19 r 0 65 35 4 1 84 15 i39 1 76 23 1 5p 4 79 17 r 1 73 23 D Participants in the study were those who were caiied to a court for one day D ey were read a jury charge and asked to repeat it a day iater B y were read these charges after a triai they are much more iiilteiy to remember 8 Jury Deiiberation and Verdict It used to be thatjuries had to reach decisions unanimousiy 3162011407 PM Section 111 Page 4 39 Todayjuries range from 612 peopie and can decide in a nonunanimous way This is especiaiiy true in civii cases 39 fa jury decides with a defendant tnentne case is compiete 39 ftney decide the defendant has to paytnen it moves to step 9 9 Judgment 39 The jury has to make a decision as to wnattne piaintiff gets in regard to compensation 39 Juries are too generous tney invade defendants thinking they have deep pockets They often side with piaintiffs 39 Insurance companies and businesses want to move to bench triais 39 Defendants actuaiiy win more than piaintiffs C Tort Defamation and Contract Law Tort L w 39 Negiigence El Tougner caseto prove El You have to snow the jurytnat the defendant caused harm by not using reasonable care have reasonabiy assumed that actionsmotivations couid have caused narm 39 Strict Liabiiity product iiabiiityj El in was y 5 no mauei HaLaiCailu love i m s in beforenand El Exampie impioding a buiiding is dangerous no matter what and ifyou narm someone you are stiii responsibie even if you took reasonabie precautions El DreisonsrokvsVW 1974 9 a her and a daughter were driving in a minibus fatner iooks down to shift iooks up and there is a car coming swerves to the side and hits a teiepnone poie Daugnteris injured e eieiy 39 me euicie design Lower court ruies in favor oftne daugnter case is appeaied to the US Court oprpeais Evans Standard when it comes to a car accident an accident is not part ofthe intended use ofa car Larson standard tne carcompany is responsibie for removing unreasonabie risk ofinjury Appeiiate court picks the Larson standard but in favor ofVW fortwo reasons didn t use her seatbeit 2 Accident was so significant tnattne type of car didn t matter 99999 0 Defamation Law 39 Defamation ifan action that iowers the reputation of an individuai Aimost aiways a civii case Libei El Defamation in written form Siander El Orai defamation El Aiso pnysicaigestures 39 The best defense againsta defamation case is truth If you can prove what you wrote or said was true you are in good shape 39 It is much easierfor a piaintiff to win a iibei case because it couid cause harm at any time 39 In a siander case you have to snowtnat you suffered sometning Speecn has a much shorter iifespan than writing 39 Vaientine vCBS Deais with a song by Bob Dyian caiied quotHurricanequot El He sings about now a murder case was corrupt El He aiso mentions Miss Vaientine who worked in the bar oftne murder scene El Vaientine sues him for 39 39 39 cieariy a nrnte t nna she a ne ruined her name and she snouid be compensate El Case works its way uptne US court ofappeais Court comes up with 3 conciusion Conciuded that the murderer is piuuauiy iuuucem auu 39 2 Dyian is not accusing Vaientine ofanytning wrong he is accusing others 3 The Fiorida has an exemption if you are invoived in a matter of pubiic interesttnen you iose your privacy 0 Contract Law Five eiements ofa vaiid contract 1 There has to be anagreement 2 There has to be competent parties over 18 sound inteiiectuaiiy aiconoi and drug free 3 True assent a meeting oftne minds You understand what you are agreeingto 4 Consideration tnere has to be something on the iine for both sides oftne partyTney both have to have afinanciai stake in it 5 Has to deai with a iegai subject matter you cant agree to seii marijuana 39 Lucy v Zenmer El State Supreme court of Virginia El Tne Lucy39s and Zenmer39s get together around Christmas and start drinking El Zenmer39s ciaim Lucy is a braggart and offerto seii tneirfarm for a high price Lucy agrees Zenmer draws up a primitive contract both parties sign Lucy pays an initiai deposit Zenmers say it was aii a joke El Zenmer ciaims acute incompetency he was too drunk to be competent El Court sides with Lucy because at the end the Zenmers backed offwnen Lucytried to hand them money 39 Macauiay Contract Study El Macauiay want to know the socioiogicai impact of contract El He goes to a medium sized town and taiks to a portion ofthe business community and the iegai community El He finds that 1 Most business contracts are informai in many cases an orai contractis used fyou were to renege your reputation in the bu siness communityis iowere 39 39 quot i is wri en quot 39 bo iue U mink Tner a time wnentney iook a contracttnat is a iegai ciub wnen deaiing with someone outside oftneir business community D Civl Itigationlsthere an Explosion 0 Business argue that there is too much iitigation and that peopie are trying to get rich 0 Miller and Saratithe Civil L gatl 39 They get moneytotest the extent of potentiai iitigation and what actuaiiy gets iitigated 39 Miiier and Saratitne caii peopie up from 5 geographic regions and asktnem iftnere is or was anytningtnat tney couid sue for 39 Grievance when a person perceives they have a iegai probie 39 Ciaim when you caii the person who narmed you and say you want them to take care of it 39 Dispute when the other side disagrees 39 Lawyer meeting with a iawyer eis Section 111 Page 5 39 Fiiing introducing a compiaint to the court system Resuits Generai Law Tort Law Discrimination Famiiy i IFiiing 5 4 18 3945 Lawyer 10 12 3 59 Disputes 45 20 22 77 Ciaims 72 86 29 88 Grievance 100 100 100 100 o Bayies Manning Resuits show us that expiosion is uniikeiy famiiy iaw is the most iitigious Taiks about why we have a iitigation expiosion 39 Why snouid you care about too much iitigation 1 We spend too much money on iaw reiated issues siphoning it away from more important piaces in the economy We have a ciogged judiciai system 3 Creates iegisiative ineffectiveness citizens ask what good is the iaw 4 Loss of pubiic support fortne iegai system American iowertneir expectations oftne iegai system 5 Makes the difference between rich and poor even higher 39 Why do we have too much iitigation have a federai system 51 different sets of iaw Americans traditionaiiy reiy on courts and iaws than other countries 2 3 Interest group representation increases iitigation 4 Eiected officiai brag about passing iaws instead of removing t em 5 Tecnnoiogy and sociai cnange bring us more things to iitigate about 6 Expansion oftne Bureaucracy 7 There is no breaking mechanism 0 Gaianter 39 Compares us to other countries 39 Litigation rates Austraiia 62 Germany New Zeaiand 53 Canada 47 taiy Netneriands 8 us 44 0 Wayne Mcintosn From 1820to 1970 Spain 3 39 Wants to know now iitigation rates change in one county overtime St Louis County 39 Rate jumps up dramaticaiiy but so does popuiation 39 Fiiings go up but iitigation staystne same 39 This is because peopie don t have informai recognitions when the popuiation is n 39 Looks at Business iaw and finds tnati g 39 Looks attort iaw and finds an expiosion betwee ign He cuuciuue uu iue ia nowadays n 1880 and 1929 1880 was the beginning oftne industriai revoiution iots ofinjuries 1929 great depression iess peopie working 39 Famiiy iaw startsto expiode in 1945 aftertne war 39 We39d iike to know times after 197 Section 111 Page 5 Section IV Monday Mai Ch 28 20m 3 40 rm alLawA Deaiswithmauei mat y Felony A determined L i y 39 or morein a prison Misdemeanor Generaiiya year ofiess in iocai or county jaii Act Intent is needed to prove someone guiity MaiainSe f 39 FYNliirrier ram 2r nn z i i i aamhiina nrn titiitinn 39 39 39 39 ha 39 quot 39 y 39 39 39 preventthese 0 Abei Ch 10 Dutch amp German Drug Laws I L mey can Li a 39 Sebastian Schrer wants to know the effect ofthe drug boom inthe 1970s 39 In Germany Au 39 Inthe Netheriandsthere was a much more toierant response and iaws were iess harsh Users were putthrough medicai programs or rehab 39 Schrer wanted to kuu uy 39 39 39 L 39 He comes up with 3 expianations 1 L a i in W ummwvwous L ayui ugu L L normai reaim of L h 39 The beena quot me even i L substantiai minoritygroups Dutch were more open minded 2 Fundamentai39 39 39 39 39 39 p Li i 39 Inthe H i i i v debate overwhetherit was a medicai or iegai probiem Poiiticai reasons In Germanythere are 2 main partiesthe Christian Democrats Repubiicansi have controi from 195070 Inthe 70s poweris moved tothe Sociai mey uiuu am U appear 39 L 39 created Inthe Netheriandsthere was no poiiticai pressure so they didn t have to be as tough on crime 0 The Adversariai System in Criminai Law Equot is supposed g th probiemi Him ULiCyi a iitigant 39 L 39 462011336 PM going up against aii of society The fight is not reaiiy a fair fight for the defendant Because ofthis we have safeguards against wrongfui rnn irtinn L L 39 u quot ia p ase posi ives Stateprosecutori v Defendant 39 rosecutor represents aii of society B Historical Persgective o AshfordvThorton 1819 39 Case tooilt piace in Engiand It was the victim39s responsibiiity to go to the judge and report a crime against him Goes to the Engiish39s highest court caiied the Law Lords ofthe House of Lords I I I i I i iieyueiie eu y mm H iU f rr 39 MaryAshford is a victim of rape and murder MrThorton was prosecuted in a normai way bythe crown prosecutor Juryfound him not guiity Crown prosecutordecided not to prosecute again something aiiowed in Engiish iaw 39 MrAshf0rd goes to private attorneyin orderto bringthe case totriai again W M riiiei nrothermeansdea was that god wouid stepin and decide the 39 niai by truthteiier Question cameto iaw iords Is a writ ofappeais stiii iegitimate 2 Is atriai by battie stiii iegitimate 39 Supreme court wouid have ruied these unconstitutionai Engiish system doesn t iiilte to overturn decisions Law Lords ruie both iaws iegitimate 39 Ashford dropsthe case iiu me uiai by battieand 39 appeai o Coioniai Period 1660 1776 39 For many on 39 39 39 39 y a quuueu 39 Peopie who had been oppressed gotto the quotFree worid aiu 39 39 39 39 liUiii 39 Strong motivationto changethe criminaiiustice system based onthe idea of 39 quot d nquot 39 39 in auu contribute to societ 39 Engiand39 i y L Coionists wanted to Simpiifythe criminai code so that it read iiilte the 10 commandments k W5 u H mm urgiaryiaw E 1st offense ietter B branded into yourforehead You were shamed and had to redeemyourseif 2nd offense pubiiciywhipped 3rd offense execution 39 i h h C quot i i y u u iiKEiy y ime 1st or2nd offense lfthe burgiarywas committed duringthe Sabbathyou committed 3 crimes 1 Burgiary 2iVou weren39t in church 3iTooilt advantage L 39 i 39 39 39 39 quot fy0udidthisyuuieai me biailuiilg 0 a v i H H a i 39 Othercrimesfrom16061660 peopie were executed 4for murder 2 for infanticide 2 foraduitery for witchcraft 1for sodomy 4for practicingthe Quaker reiigion 39 17601774 B 38 ofconvictions were for sexuai offensesthat are no iongercrimes D 13 for biasphemyor profanity voiut39 War 1776 1860 4112011 351 pM Reform period movement away from a punitive Engiish system 39 Prosecution of crime was the subjectthe state iaw as it is today Section IV Page 1 C Constitutional Lawllncorgoration8tcr nalL w o 0 WV Constitution 1872 guarantees 39 States started to differentiate types of simiiar crime In 1794 PA estabiished 1st and 2nd degree murder 1st degree had to be coid biooded premeditatedj or hotbiooded in additionto anotherfeiony Resuitsincapitai punishment 39 American criminaijustice system estabiished 3 goais 1 n 39 39 fearti y 39 5 prison 2 Retribution Vou caused harm so you wiii be punished equaiiy 3 Rehabiiitation 39 Americans begin to debate overthe utiiityof h d h it Mm win U uuuei in Snrm V r punishments in iieu of capitai punishment Ex Castration after rape Michigan and Wisconsin outiawedthe use ofthe death penaity Death penaity was used more in the south and more often on biacilts a resuit ofsiavery 2 attempts to democratize the justice system 1 Increase the powerofjuries 2 Shifting away from common iawto code iaw gives powerto iegisiators Attempt to increase jaii reform by the deveiopment ofthe penitentiary The idea behind the penitentiarywas rehabiiitation part ofyourday wouid require soiitude atime tothiniltabout what you have done Veryfew cities had poiice depts Lack of professionaiism Strong resistance to the federai government having a roie in criminai prosecution The federai government had few crimes that feii into their jurisdiction 39 39 39 battie 39 39 I ueiaii 1 Post War 186 39 Professionaiization ofthe criminai justice system wyers eginto speciaiize in defense and prosecution o Beginto see the spread of professionai iaw enforcement inciudingspeciaiized detectives Ex Cincinnati 295 peop e inthe 39 A He mayui came in and fired p d by his supporter 0 Private g i w piueLiUi 39 i W i y u p p puiiceu o Advent of piea bargaining 39 Charge bargain 39 39 d to get a iess h h 39 h t 39 U I 5 11 a a JudgeifL guiity Judge doesn t have to acceptthis recommendation smaii prosecutor39 39 ioad so Expansion ofthe criminai code Deveiopment oftheinsanity piea e peopie uuu Iuim39 39 quot 39 39 quot39 Deveiopment ofthe by guiity by reasonofinsanity and guiityand mentaiiy iii outcomes in a case These are hard defenses to mount 0 Continuing debate on the death penait 39 Maine and Rhode Isiand eiiminated the death penait 39 Attemptto Humanizethe death penaity eiectric chairand gas chamber n 1 i 0 me we iess ofa spectacie o Deveiopment of corrections reform 39 39 39 39 39 39 39 U me hate Ha meii 39 me hate U ailte punishments indeterminate meaningthey were reieased when seen fit bythe scientistsThis inciuded the institutionof paroie Deveiopment ofjuveniiejustice 70 in Massachusetts 2000 prisoners were under 18 9quot CookCuumy By in h h d I ea um g Reformatories heid deiinquents and attempted to reformthem o Bythe end ofthistime period we get ourjustice system me Controi 19201 45 1 Significant changes as a resuit ofthe rise ofindustriaiization 2 f 39 quot 39 riseu 39 3 Great Depression 0 Americans iose faith inthe states they were frightened o Deveiopmentofthe FBI Hmrzirrimp Aid tan andiocaientities o More crimes become federai crimes Post Worid War II 1945Present o Miiiions ofveterans returnto the US 0 Those who didn t go to schooi came baciltto unempioyment They rioted because ofthis Lawenforcement agencies are iess harsh on white rioters Eari Warren reaiizesthis race probiem a 4132011 336 PM In the US we b p p h iciaiUH nip u y m mm Government f 39 39 quotCanyou wing yum iigm liUiH bringthemto the states r 4 Prior 39 p had N we provided youThere were significantdifferences acrossthe states In WVthis has never been a concern WV came about as a resuit ofa civii warthe vv me biiiof 39 h theW constitution Theyare aimost mirrorimages 0 me wmu co r F bringa prisonerto courtand expiain why hesheisin custodyJudge determines whether or not it is a justifiabie arrest 0 You canoniy be piU ecuteu g enough evidence to showthe defendant did the crime I u i I i Lau myuu 11 mm L L V J y Jury nu upluiluiueiueaiiug Section IV Page 2 o No cruei and unusuai punishment 0 Defendant can39t be forced to be a witness against himseif A 0 J v v o i 39 i c c o Rightto ai urytriai composed to 12 men 0 Pubiictriaione 39 i where you 39 39 39 defendant has rightto compei witness inyourfavor and right to assistance in counsei o Articiesoff aiiuie may uiuii V Authorof Biii u 39 fioorthat you can39t go beiow The idea was rejected bythe states m L L L u rights inthe 13 coioniesThiniltofthe biii of rights as a o BaronV Baitimore1833 o B ron ownsawharfona portinBaitimore o Cuy u quot 39 ilail quot 39 39 mudinto Rarnn39 nnrt business 0 Had the federai government donethis he wouid have the due process of iaw ciause on his side 0 The Maryiand Courts deny Baron39s attempt to get money theydidn t give him permissionto suethe state 0 He ioses in the state courts and brings it to the US Supreme Court 0 John Marshai is ChiefSupremeJustice atthe time He is a committed federaiist however Marshaii teiis Baron he is out of iucilt he can39t come to the US Federai Governmentfor hei o Afterthe Civii Warthe 13th 14th and 15th amendments come about 0 Framers ofthe 14th amendment had to protect states rights 3 ciauses 1 Priviieges and Immunities no state shaii make a iawthat abridges priviiegesawarded to USs citizens Due quot L p 39 quot quot iiberty 0i p p y 39 process ofiawTailtes the 5th amendment and forces the statesto use it Equai Protection Laws have to appiied equaiiy o The Siaughterhouse Cases 1873 reme courtthat getsthis is infavor ofthe southThey are not sympathetictothe 14th amendment Deais 39 IA I A L the state iegisiature in orderto get a monopoiyon butchering mu 0 US Supreme Court saysthe purpose ofthe 13th and 1 ai5 eu lUi 39 This is amendmentsthoughThey saythe 14th amendment cant be used for whites iney ai u a in me mm yuu have to iuumu 39 idea on com iuiUilai 0 From 18841975 there is an era ofseiective incorporation tailting iittie bits ofthe US constitution and bringingthem to the states The buiilt ofthis occurred from 19531975 0 Different US supreme Courts Warren 19531969 Liberai 1 Rehnquist 19862005 Conservative 0 5th amendment has a protectionagainst doubiejeopardy Says that no personshaii betried for a criminai offense morethan once Why Eventuaiiy a state wiii probabiy convictyou o PaikovConnecticut1937 o Paiilto is aiieged of iltiiiing 2 poiice officers 0 State of Connecticuttries his for1st degree murder 0 The state doesn t aiiow parts of Paiko39s confessionto be used intriai 0 He is convicted of2nd degree murder O Iiie tate 39 tbe uuiieiii WV 0 He is convicted of 1st degree murder and sentenced to death 0 Case goes toJustice CardozaAsksifthe doubiej p y 39 39 39 is y 395 ueai 39 39 t w have a doubiejeopardy protection D The alTrial Process 4182011 343 PM 0 Over 90 of cases don t gothrough aii the steps ofa criminai triai 1 Criminai Event 0 There is a iot of quotiumping it here when avictim doesn t pursue charges 39 u meii 39 Wins Ui mi o 0 There39 39 t i toan39H rates 2 E 16 o U m E m n m C m 3 8 m 5 C i Detention i Reasonabie suspicionli iContact iieastseriousil o lfa poiice officersees you commita crime he can arrest you o p mm yuu 0 Contact Stage Poiice officer hasthe powerto go up to any individuai in pubiicspaces and asiltquestions Individuai hasthe right to not answerany questions I puiice unicei uue H y lUi quot you 39 39 5i e them reasonabie suspicion Peopie are more iiilteiyto give informationto poiice officersthan othercitizens o Detention 39 If it gets here the Poiice officer hasthe right to hoid you somewhere 39 Judge asilts quotwouid a reasonabie personfeei thatthey were freeto go o Probabie cause what a PO needsfor arrest uniess he see you commit a crime 39 39 stified 39 y quot Section IV Page 3 o Reasonabie suspicion Sometning moretnan a hunch 39 Scenario 1 A POi quot roiied riaanama individuaiTne case goes p b d 39 39 39 39 Scenari 39 39 marijuana uiuu quaiily lUi 39 39 court says you have to directiy iinktne smeii totne cigarette 39 Scenari03A quot b d 39 39 g 39 becomes nervous PO does have reasonabie suspicion nere k A r 39 Pnysicai contact Nuiiiuei u i 39 Dispiaying a gun by a P0 dispiaystne signai that you39re not free to go 39 Biockingyourexitfromtne situation 39 Putting someone ina squad car ortailtingtnem totne poiice station eitunieewgo I ueiiieauui 5 i 39 Retaininga drivers iicense or other coiiaterai untii someone agreesto taiilt o Detentions can range any time untii information is given 0 4th amendment warrants ciause 39 NUaiiU 39 Requirementsforawarrant Must comefrom ajudge D Arrest warrants 1 Enougnevidence to snowtnattne crime was committed 2 Probabie cause tnattne individuai committed the crime D Search Warrant 1 P0 has to snowtnata crime was committed 2 39 39 in iaLiiiHE 3 Wheretnese items can be found 39 Exemptions D Stopand nn V A Y y Y b tnatcouid p if b g uiiiemiugei e iiiegai you can usetnat againsttnem D 39 39 b 39 39 iftney tninktnere is a codefendanttnat couid puttnem in dangertnen a PO couid iookanywnere in the house where a human couid be hiding Anytningfound aiongtnat waik couid be used against you 4202011 410 PM u p i aii i h amuseimsaiuw u 9 V a 4 V r is D Carexemption 1 Q7 ltr rcrnani 9H H H i 5i Rpm F rquot quot 2 quot a easiiytneyare given iess privacy Whena P0 makes a traffic stop he canact onanytningin piainview fa poiice officer is concerned about nisner safetytne poiice officer has a better chance of iegitimateiy searcning you and the car y mam iui Ui uimm 2 faru ee yuu ii 3 Rennquistcourtioweredtnestandardtopuiisomeoneover 4 Rehnquist court iegaiized sobrietycneckpoints This is cieariya vioiation oftne 4th amendment SC ruied that it is such a vioiation and has such a good benefittnat it is justified You have to have a system ofstopping carsyou cantjust stop suspicious ones 39 39 y ui cai uiniuguui SCsaid y 39 iapUiiLuuUilnim i an y u iigiu Iuiiiiiuui 39 39 1 ionger than necessary 2 Makestne trafficstop seem confrontationai ltgt During a minor stop a drugsniffing dog is aiiowed to circie yourcar 6 Warrantiess detention exemptionquotWeekend ruie SCiuieu 39 39 for I b i i t Aftertk M ua e o Stn amendmentprotection againstseifincrimination You navetne right to remainsiient 39 Prosecution can39t eniist you in yourown prosecution In 1964 Warrenf navea 39 39 iilLiiiiiiilaiUil 39 MirandavsArizona1966 D I 4 D Miranda is aiieged of kidnappingand rape D He is put in a iineup witnout iawyer representationand picked out bytne victim D He is questioned and confessestnat he did it aii without a iawyer D CasegoestotneSupremeCourt D D V D p opie itamu It 39 w had an L L i pi n pare triai where he is convicted a Mini E SC ruied that no one has a right to privacy D in prison L minim yuui Hanna g k g Tne oniy personyou aresafetaikingtoisyouriawyer o 6tnamendmentrignttocounse 39 As eariyas 1790tne 39 iftne 39 p39 g y ua iawyer inlsasthellssr p 4 L fed L p 4 iiaeiuuy 39 n19636ideonvs 39 39 if inmueiuuy 39 39 y uaiawyer 39 Whenyou navea rigntto counsei D Whenyou are beingquestioned as a personofinterest D Preiiminary nearings D Indictments D Arraignments Section IV Page 4 D Lineups D Appeais D Probation nearings D Revocationof probation or paroie D Misdemeanor cases wnenyou face any possibiiity ofjaii time 4252011 355 pm 0 Exciusionaryruie Not in the US constitution created by the SC 39 n Engiand when the ruies are etr mu n Mb t ere are two issues 39 Hutit uue u nuauei ueie 39 numit snouid be usedin court The evidence sneds iignt ontne trutn p 39 iigm iili luui i ypi p y m rights in additionto tne originai defendant D Probiem crown prosecutordoesn t want to prosecutetne poiice officerfortnat kind ofcrime Same is true for ajury wouid tney convict a POtnat neiped convict someone v I g ngm 39 f 39 39 in vioiation of 39 39 it cant be used in court quotfruit oftne Poisoned Tree L L 1914 i Goiden piauer p39 39 39 39 39 me 39 used in court 39 In 1961 SC cnangedtnis by navingtne exciusionary ruie appiyto aii jurisdictions 3 Booking 0 You are wen u u cuewm g o T e is p a yei i u 4 InitiaiCourtAppearance foretne iowest ievei judiciai officer n WV a magistrate o Magistrate makes suretnere is probabie cause makes sure that you have been read your rights cnecks wnetneror not you need an attorney deais witn initiai determinations on baii 5 Preiiminary hearing o The goai is to make sure that you are not wrongiy arrested 0 Beforetne iowest ievei judge o A H A o quot neuue u nisevidence though is e u t auuu i b has 0 Defense attorneyis aiiowed to attacktne evidence 0 39 aiiu eutu In y piU CLLHUJ thedefense attorney can attack it but not present his own 39 cuaige Ui v v s 6 Grand Jury HearingInformation process 0 39 39 39 39 39 39 A forward ma euuiai y tam attorney has to present yourcaseto a grand jury1624j citizens y 39 39 Ui evidence to prove probabie cause 0 Grand L I i a c c F 0 II y 39 39 J v r1 go to triai o fyou are caiied before a grand juryyou don t have a right to an attorneyand have to answeraii questions orface jaii ti me o lfquestions couid incriminate you tnenyou can piead the fifth o u 39 U ieavetne iuumauu taik U yuui ia y i 0 These hearings are compieteiyinfavorofa grand jury Oniy about 1015 of cases aretnrown out o This is the oniy stage where ajuror can askquestions o n j r 7 Arraignment o If It is afeiony atriai judge takes overyour case and beginstne formai process ofa triai 1 Judge reconsiders baiiissues mm mm 3 Judge makes sure you understand your rights 4 Judgetakesyourpiea 39 Not guiity sets uptne need foran adversariai triaiTne prosecution wiii have to prove its case Y c w b y me I J In fora u i i Hiai i i n juug eiueuce 39 No 39 g u u prosecutoris saying but you don t admit guiit It is astnougn you pieaded guiity n WV caiied Aiford piea Judge gets down to sentencing you waik away neveradmitting guiit Benefit comes in civii court fyou piea guiityin a criminai case it makes it easy fortne civii piaintiffs attorneyto prove you committed a tort o Deais witn Doubie Jeopardy Stn amendmenti Fm y H La e Hieu again 1 Appiies oniyifajuryreacnedaconciusion Whenyou navea gj y mum innocent untii provenguiitytnat you snouid not be retried W L y Nanny m I 3 ppy39 quot 39 niaiauua newtriaiis granted 4 u convicted ofa iim quot 39 g quot 39 cuu pivacyi brought up Conspiracyand tne crimeitseifare punisned 39 39 ilais y u in 39 39 39 tnen savetne conspiracy charge for iater if necessary 5 Not protected against prosecution by two differentjurisdiction city bombing both UK and the fed government couid39ve charged him D Tnere39 d39 quot p 39 mey Lauget o Piea Bargaining 90 of cases end here 39 Charge bargain wnenyou agreeto piea guiity in iieu ofa iessercnarge I a c I gt 39 SantobeiiovsNew York U Went to the SC Burgercourt iess narsn sentence Section IV Page 5 8 Triai D Mr Santobeiiowas charged with 1st degree rnurder D A piea bargaining deai was reac ed k La i i k u U a e w court Burger ruied that piea bargaining is a good thing and shouid stay inthe systern He was afraid of overcrowding Why prosecutors support piea bargaining 39 39 t am U raise more taxes to payfor prosecutionand j e iueuce A lUi a iea a conviction v Opponents for piea bargaining D 39 injaii quot you u e y ui piea bargain sentence Basicaiiythey can get out ofjaii upon conviction DefenseArgurnent 1 39 m m d ai iii 39 ining y 39 p hurt i y ama 39 39 b Most states now requirethe prosecutorto teii the victirn the deai AiaskaStudy InJuiy J a 39 h quot 39 p unisaiiliilsailu uiu yp deais D Why Poiiticai rnove for reeiection u u uemmmei Hum 39 g muyluuuumat cornpiiance was around 96 D Theyaske 39 Theyioved39 i wing ilaiu ilUi 2 reasons 1 They go totriai more often which is betterthan office work 39 39 39 39 bad onthe prosecutors record D 39 n 39 iower quot unabieto i pay for a cornpiete triai Many defense attorneys ieft the practice D Judges hated the change as weii They had to 39 This put burden onjud es D Defense attorneys wouid go to judges and ask whatthe resuit of pieading guiity wouid be The prosecuting attorney had no roie in negotia ion AiaskavsBuckiew 1977 D Defendantis a 2nd year iaw student at University ofAiaska D He was arrested with 79 pounds ofrnarijuanaand hash oii D He couid39ve been sentence for25 years D Judge Buckiewsaid ifthe defendant pied guiity he wouid be sentenced 90 days injaii These couid aii be weekends Aiso said that troubiethejudg 39 owniu maqu uikiug imme prosecutor D j y D Aiaska suprerne court ruies against the judge They said he couid give the defendantthat sentence but he couidn t iet hirn know ahead oftirneThat39s piea bargaining This is whenthe ban on piea bargainingtruiy took effect Outcornes D Cases in court increased significantiy but were quick affairs D Had 39 39 leiuuie ie ei leiuuie s ences went up EventuaiiyAiaska reestabiished piea bargaining 0 6th amendment Speedytriai Court has conciuded that 8yearsis not a speedytriai but Syears is r r Y niai Late r reduced it to 70 days Most tirne both sides want a deiay o Jurytriai Onforfeionies and serious rnisderneanors States hated this because D t harderto convictwithajuryarray D Costs rnore Statestried to change unanirnous convictions SC conciuded that it is perrnissibie If it is a non capitai case it can go dow nto a 93 case A death penaity case has to be 120 States aisotried to rnakejury srnaiier SC conciuded it was okto go downto as iow as 6 States asked ifthey couid get 51 or 42 convictions and SC said no SC ruied In 17 mey iuieu iajuii uiuu t ua e m be Wasn t untii 1974 untii SC banned states from exciuding wornenfrorn jury duty Court ruie in 39 p p biacksfrornjury duty Deathquaiifyj y j y quot 39 Ua kin iyp 39 j Uuiu notbe abieto 4 L b A to In 1968 sc iuieu 39 itrrem 2 hangingjurythat is more iikeiy to use h d h n 39 39 have to have ajurythat wii be abie to appiythe death penaity o Confirrnationciause ai i ws defendants to confront accusers u do in chiid rape cases 1990 MDvs Cr D ntheircourtroorn 39 in a 39 quot n0 ee h Chiid couid hearquestions but not see video D O39Connerwroteforthe j 39 39 Iuey aiieauy p ycuuiugicai injuries D Scaiia said that you are sirnpiy taking away sorneone39s right D 39 pauu 39 Cuuu aiu ay uutitdoes h h t 39 Designed 39 39 39 quot 39 meiiuime A 39 39 Ua an lUi Courtruied this was Section IV Page 5 uhcohstitutiohai D In 1982 a sentence was se htehced for 40 years for 902 of marijuana SC ruied this was iegitimate D SC ruied thatthe 3 strikes and tourout ruies is permissibie 39 Furmahv GA1972 Aigueu d h V Ha it use was arbitrary E Court said that aiithe systemsih 1972 were 39 39 lfy u L L V y L V 7 stagetriai1 j i L innocence yr Hain 5 y V Y H w D Many states didh t adhere to this new method 39 SC ruied in 2005 that no one couid be execute ifthey were uhderthe age of18 whehthey committed the crime 39 In 2002 SC ruied that anyone with mehtai retardatioh atthe time ofthe murdercouid not be executed Section IV Page 7 Section 1 r IEdnesdayJanual y 12 2011 501PM A Whatis law w iseve rywhere butverydifficulttodefine r 11 PointDefinition ofLaw 1 Lawisaboutestablishingrules I I I Individualetatecorporation human 2 Lawisaboutestablishingconduct n I I u Lawrence Freedman my L I 3 Lawisabout sanctions I To make lawwnrk 39 39 4 Lawisabout establishingsocialcontrol I We need a level of social control butalso we don t wanttoo much 5 u I 6 Only interested with lawsdone in legitimate orconstitutional ways I Nottorture orotherillegitimate actions 7 Law s are backed bythe force ofthe state 8 Law is political r Determines winnersand losers 9 Lawischanging itis nota constant I Likethe English language I Law has to catch up to technological changes 10 Law is no more or less rationalthan any otherthingcreated by humans H H Lawis not inherentlyfair Abel Lawyersvs Social Scientistsview ofthe law pp 1710 Lawyers I Lawyers Lookatthe lawin a practicaland instrumentalway 1 Theyseek to learnthe rules 2 Theycriticizethe rules 3 Theylearntochangethe rules 4 Theylearntoorganizethe rules 5 Theylearntoapplythe rules 6 Learnhowto manipulatetherules A lawye r sjob isto representyou and getyouthrough a case Lawyerusesthe law as a tool Social Scientists 1 Social Scientists are interested in the origins of law I Tells uswhowere the winnersand losers of history 2 Rulesand Norms I When doessociety haveto gofroma normtoa rule I I m I H V HI k m an rmex Prohibition 3 quotquot 39 39 39 quot 39t 4 Interested 39 39 L to 51 quot I I Ld E 5 Mediationof39 wyersr 6 Definition ofdefiance and establishment ofsocial control 7 Independentinstitutionalfactors 8 Interestedinedualit I Difference bw humansand corporations genders races B RootsofAmericanLaw I RomanoeGermanicrCivileCodelaw I StartedbyRomans I Createdforpolitical reasonsto control better 53 I Code ofJustinian 5537 I Establishedauniversallawfortheromanempire I I I Between 1453and 180 I NapoleonicCode 1804 TookJustianianscode and modernized it C n I Supposed to solve any problemthat mayarise in thefuture I I I I Judgesare I Endedupspreadingallovertheeasternhemisphere I I IIl n I II39 sulul put 39 Latute t er an A rtoadispute I In code lawthere is no reliance on a previousjudgesdecision I AnglorSaxoneCommon w I I I 1132011 339 PM I Started in EnglandThe English tookiteverywheretheycolonized I England US CanadaAustralia NewZealand HonkKong Northern Ireland I India mixescommon lawwith traditions Section Page 1 I 8 WAquot h 2 quot quot quot quot L betweenthetworeither common laworcode law Fnalandin quot 39 quot inva iunNormans tryto unifythela H v til problems 39 quot 39 39 quotbe basedin LondonTheywould ride circuitrjudgeswould be based in London butwould gotooutlying cities periodically Theyapplied 39 39 39 39 quot quot L 39 London and discuss itwithJudges and add itto law t quot 39 39 39 quot 39 39 39 39 quot u eci iuu LlldLLdll uive the case at handthen usethat decision Ifthere isn tthen add a new lawto solvethe case Judge made law Statutory lawr code law If a legislative body creates a lawthen that law replacescommon law Statutorylawtrumps common law I ncodeI 39 39 quot 39 to deal with holes andfigtltthe code C TypesofAmericanLaw 1 Co nLaw 2 StatutoryLawcodeaw 3 Natural Law Nota law thatis found in a book it isa concept based on howthe world should Operate 1 Y 1 Usedtodeclareourreasonforindependence r r39 39 a e ldW m y ndamental problemethere is noone lawwe all agree upon 4 ConstitutionalLaw I Based on a constitution 1 efundamentallawofa nation orstate Ifyou havea39 39 39 39 39 Ir prves asthe base All laws build uponthe constitution 2 Aconstitution can be written unwritten ora combination ofthetwo 3 i r g a 39 quot mnnarrhv 39 ptr Tells us what kind of gov we have 4 Regulated rli rrihurp quot39 39 39 u in pan on thegov a Tellsthe diffelementswhattheycan and cant do 5 ne pun i39uleuuu 39 39 39 39 quot39 quot quot me people 6 and 54 the people I USconstitution D Ratified by 913 statesin 1788 I Wentintoeffectin 1789 I Between 1776and 1788 we had the articlesof confederation that wasafailure I quotquot 39 quot39 er39 39 quot39 39 ov 39 Lhe state govs Does not say thatthosetwo levels are coedual Divides powerbetween 3eeme nts of gove rn ment Executive Legislative Judicial itayth 3quot quot quot quot powerfulthe egtltecutive second and the courtsthird I First7auicle deal 39 39 39 39 I I 1791 The 39uillul 39 39 fir r r4 Wk rightsofthepeople 27 amendments added tothe constitutionThe lastone wasadded in 1992 e dealswith congressional payraises I In 200 years we ve only had 15 27710 bill of rights 7 2 prohibition changes r a Lu be the most Lli yllll a t quot the decisions ofthe US supreme court Blendsin law Blendsin history Blendsin ethics Blendsin economics Blendsin politics I Iquot 39 me 39 39 F lowercourt hasa case and the litigants say it is a constitutional case and the court hasto give meaningtoa word or passage inthe constitutionA Common lawapproach to the constitution 14th amendment makesthe constitutionfarmore powerful Civilwaramendment 3 importantclauses 1 Privilegesandimmunitiesclause I Acitizen hascertain rights and a state cant use its powerto affectthe Section Page 2 privilegesofa citizen 2 Due process clause Before a state can take life libertyorpropertythe gov hasto provide you with due process of law 3 Equal protection clause Says tothe statesthat if they passa law it has to applyto all citizens L n r 39l g 1 tat an itrannnt make thateducation only available to white students Plesseyv Ferguson 1896 Separate butedual ltgt Dealtwith edual butseparate clause 0 States began to create Jim crow laws 0 State of Louisiana created separate rairoad carsforeach race Plessey challengedthis r l J y o n c w i eduaL BrownvsBoard ofeducation1954Separatebutedualisinherentlyunedual O T 39 39 39 quot39 39 quot madeby Plesseyvs Ferguson ltgt Chiefjustice earl warren concludedthatseparate butedual hadto be overturned SIOdecision ltgt Saidli v 39 quotquot hadtoquot ltgt Started the road to desegregation L 39 39 39 39 1lrln 39 39 Afte r o Criminal lawand civil law the t crime dangers societyand notjustan individual it is criminal Ex Smith andJonesenterintoa contract and smith hitJonesoverthe head and stole herprope rty This is a criminal lawand the case becomesState of WV vs 39im r tin 39 civilfthe SmIth I Criminal lawisdefined bythe legislature Felonyand misdemeanors I Nocleardistinction betweenthe two I l39 39 nri nn 39 Act ntentcrime I You have to prove the act and intent knowingwhatyou did wascriminal Civil Law I iail Usually 1242011 3 29 PM u n nmethinn 39 39 quot 39 39 39 law and we will giveyou a court but it is up to Aand B iftheywantto fight itout I Civillawiseverythingbutcriminallaw I Eduity Law Conscience ofthe common law Arose because people had to waitto become a victim in orderto go to the court i e a The courtcan look intothe future andtryto preventthe problem I y r A I Contractlaw Acontract isa backed bythe force ofthe law I Tortlaw Atortisa harm The reactive lawofthe AngloIAmerican legal system Whenyou sufferatort tort law allowsyou to go to the court and seekdamages Eduitylaw was created in orderto preve nttorts I Administrative law 39 39 umfuturp 39 39 39 39 itis more Rarhprthan 39 and Ldll39 quot p 39 39 39 39 L 39 quot Ijudication 0 Congress cantake awaythese powersatany time The presidentappointsofficials TL 39 the powerto auminister Administrative law meansZthings The bodyof regulationsthatthe bureaucracies produce 0 Theactivityofth Hquot t ar ta h k 39 39 39 I 39 lawand quot 39 39 Missionistogetatthe truth I AdversarialSystem is like a legal boxing match that pitsAvs B n Section Page 3 D US Courts 0 Elements 0 Neutralandpassivedecisionmakerrajudge O mle I av iri rhp V 39 quot 39 evidence 39 lri notthejobofthecourts ltgt Highlysetofstructuredcourtrulesiwhatyou reallowedtodoand notdo I Induisitorialsystem i easymphonyorchestrawithanorchestrator Itisthe responsibilityofajudgetogetatthetruth T el 1 r r r Putsallpowerinthehandsofthejudge I 1 1k d u takesthe caseoverand recievesallevidenceCangooutand actuallyexaminethe crimesceneandtalktowitnessesexpertsConductstheinquisitiontoseelifa crimetook place and2 isthere probable cause totry somebody Thenthey must writeuparepuuurrlreir39 39 Lua trial I Court o A quot 39 39 Apublicinstitution Thereto helpsolvedisputes Open to businesses individuals governments Hasto quot 39 39 39 39 branche uI government I Criminaljusticesystem Composed ofThe courts lawenforcement correctionsand prison systems I TrialcourtvsAppellateCourt Trialcourt ltgt Afactfindingcourt ltgt Responsiblefordeterminingthetruth ltgt Courtoffirstinstance ltgt 3basicresponsibilities I Determinesthefactsofthecase I Determinesthe possible solutionstothecase I Applythesolutiontothecaseathand Appellatecourt ltgt Hearsappealsfromtrialcourt ltgt Notresponsibleforrertryingthecase ltgt Relieson quot 39 quot 39 39 39 mistake wasmaderinprocedureapplicationofthelawetc ltgt Ordersthe lowercourttomakechangesifa mistake was made i r ul llULd USSupreme court7gt Us court ofappeals 7gt US districtcourts then 52 State supreme courts of last resort All rate have a superiortrial courtand all states have an infe riortrial court In WV H ldl I I I Thesecourtsdealwithallkindsoflaw Magistrate courts InferiorTrial courts CircuitcourtsSuperiortrial courts We don t have an appellate courts VSCofappealsCourt oflast resort USDistrictcourts r Federaltrial courts I 39 39 39 39 Late WV hasZ 7 one in based in Elkins and one based in Charleston Southern Dist r r r 94of L lurlap mzkp 39 Gsayear quot quot quot 39 quot 39 39 quot and 635 dg 39 quot Llri There are 635 seats but not the r r can make well overthis amount I ThesecourtsaretheworkhorsesofthefederalcourtsTheydo95ofthework TL nk 4E 7 Diversityjurisdiction onlyappliesto criminalcases Ifa civilcase haslitigantsonstatesthen that case can be moved to thefederalcourts Saysomeone Pquot a tin 39 quot quot39 39 The L39 to patina the LWV r r advantageuiy it caseto the US federal syste The monetaryamount hasto be significant gt7SOOO Section Page 4 I The case has to arise understate law I Hasto deal with a residentvs nonrresidentofthe state 39 quot quot thelawsof quot 39 39 39 39 Iederaiiaw I Richr dtriedto rr39forthis39 39 quot quot v vv quot 39 fthe problems I fa litigantdoesn39t like the outcomeofthe case he can appeal tothe US Courtof Appealsorin rare circumstances straightto the US Supreme Court fyou thinkyourcase is important 6 g t thequot r exquotS 39 39 to go directlyto the SC when ittried Onlyabout20 39 39 quot 3are overturned bythe highercourt 97 of thetimethe time the districtcourt stands I Those 3are very interestingcases o UScourt of appeals Afterthe district courts you can go here 13 courts in all 1 forthe federal district 1fordistract of Columbia 11 are distributed nationally Not nearly as busyas the othercourts 50000 cases a year r 39 179ilidne hin quot quot39 unlessyou are impeached 11 circuits 9th circuit is the largest 28 judgesmost liberal Smallestcircuitisthe lstonly6 judges WV is in the 4th circuit mostconservative and includes MD VA WV NC SC I 14judges and is based in Richmon I L cniei39 1312011 323 PM 16 mn alarv euku39 quotquotquot39 quot quot 39dditin tobeingajudgehimself AppellatecourtslookatthecasebelowandseeifthereareanyerrorsTheydonotretrythe courtsTheyuse3judgepanelsinsteadofonlyone i w 1 The3j d r mm m I En bancappealwithinanappealrSaysthe3judgesgotitwrongandletstheotherjudgesin lookatr i IU39 i afteranoutcomefan igmnt dall39 quot 39 39 quot 39 39q i L i I rl n w I Mostcasesdon tgototheenbancorsupremecourt I Only1ofcasesgototheSCafterlosinghere I MirandavsArizona1966 am I l 39t 1 you I Decision was notliked byconservatives quot 39 39 39 39 quot quot LUdllSOStateS 0 State courts nferiorcourts 39 39 i I 39I quot quot39nrl riminal I Handle civil claimsunder5000 I Handle misdemeanorcriminalcases I The only state courtswhere you don39t have to be a lawyerto become ajudge I You have to be elected tothe position and then you are trained inthe law 2 Thegate keepersofpeoplewho have been arrested I fa police officerwantsa search warranttheywill go here I In many statesjudges have to be on call 247 to grant an arrest warrant or whatever I Superiortrialcourts Handle both civil and criminal cases I Handle appealsfrom inferiorcourts I Handle felony prosecutionsand civil casesover5000 I Can be variousspecialization courtsr n WV we have a family lawcourtspecialization I ntermediateappellatecourt Most states 40 have one I Handle appealsfrom superiortrial courts I Casesthatdon39tinclude important policydecisions I Leavesthe mostimportant casestothe Stare court of last resort I WVdoesn39t have one ofthese courtsforbudget reasons I LawyersandI 39 39 iudg ulu ma 39 39 L could not be reviewed I State Courtof last resort I 52 ofthemTgtltand OK have 2ofthem 1forcriminaland 1form civil I Responsible forbeingthe supreme courtforthat state 1W 1 I quot39quot 39 39 39 39 and M ri rtrialcourts I fa decision39 39 and39 39 L thanthe USSCwillnothearthat case I fa tateSf ha animpactun quot Late men 1 taken bythe US SC Section Page 5 I Only2 of decisionsareappealedtothe USSC o USSupreme court 9 members rcongresscan change this numberatanytime Since 1869 congress has not changed this number Before 1869 congress would punish orreward the courts but afte rthe civil warcongress has decided notto change it 8Associatejustices 1chiefjustice salaryof 190000and 199000 Not much of a difference betweenthe 2justices powers Courtoperatesfrom OctobertoJune FromOct 2011 to June 2012 is referred toas the 2011 Term Doesn39t palaL u may tmuugnuut theterm r t 1 r L held and brought upatthe beginningofthe negtlttterm Mootr a te rms the SCusesto get out of a case It is highly unlikelythatthe SCwill take yourcase The SCis not interested in particulardecisionsorpartiestheyare interested in howthe outcome willaffectsimilarcases 10 Stepsto a Supreme courtopinion 1 Petitionforreview 39 39 39 39 quot tisthetriacourtin certainra p thestates quot quot quot 39 39 39 jurisdiction Thu sr 39 special master Lessthan1ofcasesinvolvecasesoforiginaljurisdiction o Thnsr 39 quot 39 iL W E yOu with ink app alt rhnsr tmlikninL 39 1 39 quot 39 39 SC r I 7000 raw t u 39 I un nisoo Writ of certiorari 7 an appealtothe court 7 Latin for to make more certain A legal docume ntthatsays tothe court I knowyou don t have to take my case but t In 39 39 andhprparethe reasonswhy 30ut 39 quot come um fannnzl 7a r nmp quot quot numutiret 2 Briefsarecirculated I t t r r r the m They lterthe 222011 346 PM briefs 3 Developmentofthediscusslist r r r r Otherjusticescan add casesto the discusslist To get pastthis stage you need 1 of9 justicesto like yourcase 60770 of cases wontgeton the discusslist nanystageifthe 39 quot 39 39 i untouchedThisdoesn tmean the decision below issupported bythe SC 4 nitiaconference then the uylu u rlytlr room 39 t 39 thprp 39 decisions can be made honestly Diaries are mad 39 Chiefjustice does notcontrol whatthe otherjustices sayorpromote Rule of4r 4justicesare needtosaythe case isworthyfortrial Rulem tueyate morei y gr n I r l 5 r L 0 39 39 ulu wiuauu tirey liuuld lose r v H Amicus curiae brief friend ofthe court 7 3rd party briefwho is interested inthe case and wants to give hisheropinion ofthe courtYou have to ask the courts permission tosubmitthe briefs Courts likethese becausethey bring information tothe court from outsideThisafairlyegtltpensive process 6 Casemovesontooralargument Halfofcasesskipthisstage Only pubicstepofthe process Verystrict rules 7 Each attorney has 30 minutesto make hiscaseJustices can ask 7 Conference onthe merits Hasto occur within 1 weekofthe oral arguments Justicesstartto maketheirpositions know Section Page 6 E HistoryofMainstreamAmericanLegaIThought O t i t Luv o Classica188571935 I Law hit 0 Realistuszormss 9 0 00 0000 00 0 Takeaninitialvoteonthe merits Opinion assignmentand writing 0 Ifthe Chiefjustice isin th a39 ity L L i i opinion Is he isn tthen the most seniorjustice inthe majority getsto choose ChiefJustice make surethere isedual distribution ofthe opinions He has to satisfy associate justices 1 assignsthe opinion to a essegtlttre me judge Chiefjustices get more than 19th ofopinions Majorityopinion rAn opinion thatspeaksforthe courtand whytheymade their decision Concurringopinion rAgreeswiththe outcome but notthe reasonswhy it was decided Dissentingopinion 7 written byadisse ntingjustice Afteralltheopinionsthecourtmakesafinaldecision 9 Publicannouncementofthe decision Usuallyjusta reease ofthe opinion inthe paperorweb 10 Case is remanded o vuy o PreCIassica177671885 eastrugge overdemocracyandantirdemocracy Legalvvullu 39 39 39 39 39 SCdoesn timpementitsdecisions 0 Returnsthe case to the court from which it came and lets the owercourt implement it the rightof 272011 339 PM property Lawye rs sawthe awas protection of capital Discovered IaWH u u39 39 quot lawyersandiuu ge are theumy tail mm with politics iti imnanial 39 39 39 the aw thatifthetich win lUl than the poor thatis simpythe natura outcome i isay a ted 39 t tatutory39 39 bylawyers capital Based on simple ideas Self made Decision 39 Law issubjective r it iscreated by humans D Lawpoicyrthere quot 39 Ilidne decisionsmakeawjustikecongressesdecisions D NOdistinctionbetweenprivateawandpubicaw D Lawyersandjudgesdohavepoicyandpoiticapreferences i t quot 39 39 39 39 39 wiiilethis VVILIi Activistjudge r Says in oursystemof government thejudiciary is one branch and when can will make poicyJudges have a rightto do this 0 Postrealist19407now er 7 Right ofthe spectrum 7 Approach economictheories ofjustice D UScourtofappealsjudgebasedinChicago D Played QBforthebearswhenCutIergothurt D Teachesawat2 ofthe bestAmerican universities D Veryprominentauthor D Wantsto use 39 39 quot 39 D Societywould benefitfrom newadopting method 39 quot viewutthewuiiu duce government bureaucracy 2 Biologicalmoms are betteroff 3 Biologicalchildrenare betteroff D Criticsargue Touchesthe idea ofslavery Can aow bad par M t r Mackinnon 7 Left Feminist legal theory D Agreesthatthereisnoegatruth D i D Based on should be given headstarttocreate true equality between men and women quot 39 bymenteat women Section Page 7 Damn I k I There39 r r righttosaywrirp WhatcvclyUquIVLC0ngreSS quot quot mustbe quot quot quot nrp aLI pumhi commercial 3 pornography obscenity less protection Court mustdecide if material isartor pornography Nowthecourtusesthetimepaceand mannerrestriction L r rpliainn 7 292011 341 PM wimtwt lthn 2 I ltr had gotten the 39 onlyregulatesexualcontentthatrepresentswomen 1 V quot4 Iquotyou area producerofobscene I mar rial am produceraswell quotquot quot p 39 quot quot vutucu tim bill 39 39 39 quot quot quot quot itpassedthere r r G V Afterall ofthis she wasinvited to Ottowato workon the same matter Section Page 8


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