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Legislation

Legislation. “Ours is a government of laws, not men.” – John Adams, 1779, the year he penned the Massachusetts state constitution. Government of Men. Hitler Stalin Pol Pot Muhammar Kaddafi Idi Amin Saddam Hussein etc. Free Government v. Tyranny.

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Legislation

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  1. Legislation “Ours is a government of laws, not men.” – John Adams, 1779, the year he penned the Massachusetts state constitution

  2. Government of Men Hitler Stalin Pol Pot Muhammar Kaddafi Idi Amin Saddam Hussein etc.

  3. Free Government v. Tyranny “In a free government, the legislative branch is dominant. In a tyranny, the executive always dominates.” – Mr. Eddlem

  4. Trial Process • Jury selection • Jury pool: Group eligible jurors • Voir dire: Tell the truth – Prosecutors and defense attorneys ask juror candidates questions • Removal for cause • Peremptory challenge • Bailiff introduces judge, and all stand up. You sit when the judge sits. • Case is announced

  5. Trial Process, cont'd • Judge gives general instructions to jury • Opening statement: Plaintiff (prosecutor in criminal trials) • Opening statement: Defense • Plaintiff makes case • Plaintiff calls witness, presents evidence • Defense cross-examination • Optional: Defense motion to dismiss case for lack of evidence

  6. Trial process, cont'd • Defense case • presents evidence • Prosecutor cross-examination • Prosecutor closing statement • Optional: Defense motion to dismiss case for lack of evidence • Plaintiff closing statement (summary of case, not evidence) • Defense closing statement (summary of case, not evidence)

  7. Trial Process, cont'd • Judge instructs jury on law • Jury deliberations • Jury verdict • Sentencing/Judgment or remedy • Appeal • Petition for Certiorari to Supreme Court

  8. U.S. court organization U.S. Supreme Court U.S. Appellate Courts U.S. Appellate Courts U.S. Appellate Courts Mass. Supreme Judicial Court Mass. Court of Appeals Mass. Court of Appeals U.S. District Courts U.S. District Courts Mass. Superior Court Mass. Superior Court

  9. Courts/Trial Process Precedent Case law U.S. District court/Mass. Superior Court Appellate Court: Only reason for appeal is improper procedure by district court, everyone gets a hearing if you appeal U.S. Supreme Court/Mass Supreme Judicial Court: Writ of Mandamus

  10. The Legislative Process 1. Citizens get a congressman to introduce a bill 2. Congress moves the bill to committee 3. The committee changes and approves the bill to the whole House. 4. The whole House of Representatives votes approval of the bill. 5. Senator introduces bill into Senate 6. Senate moves the bill to committee

  11. The Legislative Process, cont'd 7. Senate approves bill 8. A “Conference Committee” of Senators and Representatives sorts out differences between the two bills they passed (if any) 9. Both houses pass the Conference version (if necessary) 10. President signs or vetoes bill 11. If President vetoes, both houses override veto by 2/3 vote.

  12. Types of Federal Law Constitutional – The highest form of law, because of the Constitution's “supremacy clause” that calls the Constitution and treaties the “highest law in the land” Statutes – Laws passed by Congress (found in U.S. Code); second highest form of law Regulations – Rules passed by federal agencies, supposedly based upon statutes, which add more detail to statutes (usually passed after public hearings); found in Code of Federal Regulations Court precedents – Court rulings in individual cases, found in written court opinions

  13. Exercise Do “The Unclear Law” exercise on page 21

  14. Chapter 3 – Consumer advocacy Initiative and Referendum: Putting a question on the ballot, binding or non-binding (~55,000 signatures needed in Mass.) Advocacy groups: Interest groups, corporate groups McCain-Feingold Law: Bans “express advocacy” without FEC registration 527 interest groups: Spend as much as you want with registration

  15. Settling Legal Disputes Arbitration: Non-binding or binding Settlement: An agreement on a dispute (Also: a cash payment for settling a disagreement) Mediation: Informal arbitration (non-binding)

  16. Lawyers Bar Association: Professional association of lawyers Disbarred: Lawyers disciplined by the Bar Association (by removal) Retainer: An up-front fee to a lawyer from a client Contingency fee: Lawyer gets portion of award client gets Attorney-Client Privilege: Confidentiality of conversations between Attorney and client

  17. Other Court vocabulary adversary system inquisitional system trial court allegations evidence voir dire peremptory challenge removal for cause (juror) dissenting opinion concurring opinion opinion of the court error of law

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