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Introduction to Law

Introduction to Law. EQ: What types of laws exist? EQ: What types of courts exist and what is the role of the US Supreme Court? EQ: What role do lawyers play in the legal process?. The Web of Laws.

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Introduction to Law

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  1. Introduction to Law

    EQ: What types of laws exist? EQ: What types of courts exist and what is the role of the US Supreme Court? EQ: What role do lawyers play in the legal process?
  2. The Web of Laws At all times you are functioning and existing within a web of complex and interrelated legal systems, court systems and bodies of laws. What are these? How do they affect you? How often do you deal with these?
  3. Legal Systems In the United States there are basically two Legal Systems always at play: The Civil System- the one you will really need to know the most about! The Criminal System- the one you probably already know the most about and the one that you might find most interesting!
  4. Legal Systems Continued: Civil System: Parties- Plaintiff v. Defendant Moving Party- The Plaintiff Burden of Proof- With the Plaintiff- they have to prove their allegations Evidentiary Standard- “By the Preponderance of the Evidence” ‘It probably happened this way- most likely’ (51%) Case caption or name: Japchen v. Leven (Pl. v. Defendant)
  5. Legal Systems (Cont). Criminal System: Parties- State (or Commonwealth) v. Defendant Moving Party- State Burden of Proof- State Evidentiary Standard- Beyond a Reasonable Doubt- Absolutely happened that way, 99.9 % certain. Case Name- Commonwealth v. Japchen
  6. Civil Law Areas of Civil Law- Personal Injury Medical Malpractice Contracts Business/ Corporate Tax Education Law Family Law- Divorce, adoption Estates- Wills and Trusts Property Law
  7. Criminal Law Criminal Law deals with the prosecution and defense of the violation of laws~ Criminal Behavior and Crimes. Crimes are often broken down into two basic groups- Crimes against the Person and Crimes against Property 1) Crimes against the Person- Homicide (Includes Murder and Manslaughter) Assault Battery Rape
  8. Criminal Law Crimes against Property: Includes- Larceny Robbery Burglary Theft Embezzlement Arson Forgery Uttering
  9. Court Systems Courts in the United States are divided into State and Federal Court Systems. Both Systems have a Trial Court and Appeals Courts. Trial Court- A trial court is a court where lawyers present their clients, make arguments, present evidence and allow a jury (or in some cases a judge) to issue a verdict. This is the Big Show! Appeals Court- (also known as Appellate Court) is a court that is asked to review the decision of the Trial Court to determine if a mistake was made. Therefore, in order for an appeal to be made, an error of law must have occurred in the trial court. To appeal to the Supreme Court of the United States, a party needs written permission from the court obtained by filing a Petition for Certiorari.
  10. Types of Jurisdiction Original – A court has the right to hear a case first. Supreme court only holds in questions of ambassadors and arguments between states Appellate – Most cases arrive at the SC on appeals, must come from lower courts. Concurrent – Could go to either State or Federal. (doesn’t deal with SC)
  11. District and Circuit Courts
  12. Court Systems State Court System- (Pa.) State Supreme Court- Appeals State Superior Court- Appeals Court of Common Pleas- Trial District Justice- Small Claims/ Preliminary United States Court System- (Federal) U.S. Supreme Court- Appeals Circuit Court of Appeals- Appeals District Court- Trial ~Pennsylvania is divided into 3 districts- Eastern, Middle, and Western. Pa. is a member of the 3rd Circuit along with NJ, Del. And the U.S. Virgin Islands ~Important to note that an appeal is possible from the State Supreme Court to the U.S. Supreme Court.
  13. Supreme Court 2010
  14. Getting to the Court Nine Justices appointed by Pres. Approved by Senate. Justices meet and determine which cases to hear. Rule of Four. Writs of Certiorari – to make the court informed. 7000 to 8000 requests per year. Approve about 1% Approximately 100 argued and given written opinions. Others are just read and decided upon.
  15. Path to the Supreme Court Cases start in District Courts (Trial Courts) Travel to the Courts of Appeals Alleged improper courtroom procedure Incorrect application of the law Final say is the Supreme Court
  16. Path to the Court
  17. Written Opinion Unanimous – All justices agree. Majority – Opinion of the majority of justices Dissenting – Opinion of justices not in the Majority. Concurring – Opinion written by a justice who either agrees of dissents but for a different reason.
  18. Judicial Activism Justices rule by personal values. Do not directly follow the constitution. More liberal Interpretation.
  19. Judicial Restraint Justices rule only by the constitution. More conservative interpretation. Keep things the same.
  20. Lawyers When do you need a lawyer? In matters concerning crimes, real estate, contracts, taxes, divorce, estate planning, corporations and business, worker’s compensation, social security, civil rights, and more. What does it take to be a lawyer? * 4 years of undergraduate * 3 years of Law School * Passing a State Bar exam * Being admitted to the Bar/ Sworn in before the Court
  21. Lawyers III. Law as a Career? People who have a law degree can work in any number of fields. Only a small percentage actually ever go to court. Government, Corporations, Law Enforcement, Consulting, the Military are all places where law degrees are valued, in addition to traditional law firms and practices. Salaries- Average starting salary today in a Doylestown firm is around 72,000 and in Philadelphia around 105,000 (depending on the firm). Depending on the type of practice, there is no limit to earning potential.
  22. Lawyers How are Lawyers paid? Usually depends on the nature of the case. 1. Hourly- many attorneys charge by the hours. Locally 200-300 is probably average, but at large firms it could be 400-1000 and hour. (commercial, corporate, general defense.) 2. Flat Rate- set fee. (Divorce, real estate, wills) 3. Contingency- Percentage of the award. May not make anything but will take a percentage of an award. Usually 30-40%. (Personal Injury). 4. Pro Bono. Free. Public service. * Retainer-a down payment the attorney will bill against. Many attorneys require this depending on the case.
  23. Lawyers V. Where can you find an Attorney? * Phone Book * Internet * Referral Service/ Bar Association * Martindale and Hubble Directory of Lawyers * Mr. Blake
  24. Review What is the difference between criminal and civil law? What are some examples of each? What is the significance of the petitions for certiorari? ? What types of jurisdictions exist? What concept of our American Government explains why we have state and federal courts?
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