Business Law 1
Chapter 1.1 The
Foundations of
Law
Ethics and Morals
• In your notes packet, come
up with a definition for both
Ethics and Morals.
• Guiding words: values, right
and wrong, rules
Morality
• Values that govern a group’s
ideas about right and wrong.
• People use different methods
to decide on the right thing to
do in any given situation.
Ethics
•The rules used to
determine the
difference between
right and wrong.
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Ethics and Morals
• Get in small groups of 2 or 3. With
your partner, talk about the following
questions...
• 1. What’s the hardest decision you
ever had to make?
• 2. Talk about a time when you lied
and got busted
• 3. Talk about a time when someone
lied and hurt your feelings.
Ethics Scenarios
• Read each scenario
and determine the
problem and a solution
for each situation.
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Decisions
• We make decisions everyday
in our lives.
• Do we always make the right
decisions?
• Do you ever wish you could
change a decision your
made?
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Where Does Ethics Come
From?
•The Greatest Good
•The Golden Rule
•Real-World Ethics
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The Greatest Good
• Examines whether the action will
cause the greatest good for the
greatest number of people.
• The more good that results, the
more right the action.
• It is used incorrectly when people
only think of their benefit, or the
benefit of a small group of people.
The Greatest Good
Example
• Elaine knows that 10 of her 20
classmates cheated on their last law
exam. The teacher mistakenly
identifies an innocent student as the
only one who cheated. Elaine decides
that the greatest good for the greatest
number of people would be for her to
keep silent and not identify the 10
students. She thus sacrifices the one
student for the many.
The Golden Rule
• “Do unto others as you
would have them do unto
you.”
• “Treat others the way you
want to be treated!”
The Golden Rule
• The heart of the golden rule is empathy
o Putting yourself in another person’s
position
• A way to test if an action is right or
wrong under the golden rule is to ask,
“Would I want to be treated this way?”
• If your answer is no, then the action
breaks the Golden Rule.
Golden Rule Example
• Steve is a star pitcher on Franklin
High School’s varsity baseball
team. However, he is having a
bad outing against the Vikings
best batter. Frustrated, Steve
throws two pitches as St. Joseph’s
best batter. When the umpire
ejects Steve from the game,
Franklin’s coach does not argue.
Real-World Ethics
• There are more moral rules than
most people know instinctively,
without thinking.
• For example, lying is wrong.
However, real-world ethics says
there are rare times when a
person may have to lie.
Real-World Ethics
Example
• It might be permissible to lie to save
somebody’s life.
• This does not mean what you have
done is right.... It means what you have
done is less wrong.
• If you lie to save a life, you know that
the lie is still wrong, but you also know
that it is less wrong than saying
something that leads to someone’s
death.
Ethical Character Traits
•
•
•
•
Honesty
Justice
Compassion
Integrity
Honesty
•A character trait of
someone who is
truthful in dealing
with others.
Justice
• Treating people fairly and equally.
• This means EVERYONE. Not just
relatives and friends.
• A just person will see that
everyone gets his or her fair share.
Compassion
• Caring about other
people and the situation
they are in.
• Compassionate people
understand other
people’s mistakes and
motivations.
Integrity
• A willingness and
determination to do the right
thing.
• People with integrity stand up
for their convictions, even
when people are against
them.
Ethical Vs. Legal Conflicts
• Think of actions that might be
considered unethical but not
illegal.
• Why would someone do
something unethical but avoid
doing something illegal?
• There are not legal consequences
to an unethical action.
Ethics vs. Law
•What does the
law have to do
with right and
wrong?
Ethics Vs. Law
• If people use ethics all
the time to guide their
behavior, there would be
no need for the law.
Ethics Vs. Law
• In the real-world, people
sometimes do the wrong thing,
even when they know better.
• In order to develop and live both
an ethical and a legal lifestyle,
you must follow the law and
incorporate ethics into your life.
Why is Law Necessary?
• Ethics tells you what you
ought to do. However,
people do not always do
what they are supposed
to do, so government
creates laws.
Girl, Interrupted
• Ashley is has static encephalopathy (permanent
brain damage)
• Her mental and motor abilities stopped developing
at three months… no one knows why
• Ashley cannot hold her head up, roll over, hold a
toy, walk or talk.
• Ashley’s parents decided to remove her uterus and
breast buds and begin hormone treatment to stop
her growth… they felt it would be easier to care for
her if she was smaller.
Girl, Interrupted
• Is what Ashley’s parents did ethical? Unethical?
• Does Ashley have a right to grow up as nature
intended?
• Ashley’s father started a blog revealing all this
information about Ashley. Does Ashley have a right
to privacy?
• What about advancements in medicine? Is it
possible that Ashley’s condition could improve?
Law
• a system of rules of conduct
established by a country’s
government to maintain
stability and justice
according to the values that
are relevant to that country.
Where did Law Come
from?
• Where Law Comes From: England
o 3:16
• Magistrates- Traveling Judges
o Handle disputes among parties
o Started writing down information about the case
and outcome so they could relate it to future
situations which also allowed the system to stay
fair and keep order.
o Past cases became known as precedent (what a
court follows in making future decisions)
The Bad Samaritan
• Jeremy Strohmeyer rapes and kills a 7 year old girl
(Sherrice Iverson) in the bathroom of a Casino.
• David Cash, a friend of Jeremy, knows of the crime
being committed but does nothing about it.
• Jeremy kills Sherrice and they leave the casino
• Jeremy goes on trial for murder
• David Cash stated that He feels more sorry for
Jeremy than for Sherrice because, after all, he had
lost his best friend, and he did not know the girl or
her family.
• David Cash is not convicted of anything
Bystander Laws?
• Can they make laws to punish
bystanders?
• Is that constitutional?
• Unconstitutional?
• Should there be a punishment for
a bystander?
The Bad Samaritan
• Crime happened in 1997
• From this incident a law named
“Sherrice’s Law” was developed.
• Prior to 2000, you could not be
charged for being a by standard.
• As of 2000, it is a crime to witness
the sexual assault of a minor
without notifying police.
Bad Samaritan Outcome
• Bad Samaritan David Cash Interview
• Bad Samaritan Part 2
Intro To Law
• Funny Laws
5 Sources Of Law
• Constitutional Law
• Common Law
• Court Decisions
• Administrative
• Statutory/ Civil
Constitutional Law
• A country’s formal
document that spells
out the principles by
which its government
operates.
Constitution
• A broad, basic
foundation for the laws of
the country.
• In our country, the most
basic law is the United
States Constitution.
Component to
Constitution
• The constitution is broken
down into Articles.
• Article I, II, and III explain
the powers of the three
branches of government.
Article I: Legislative
Branch
• Headed by congress: House of
Representatives and the
Senate
• Main task is to make laws
• Its powers include:
oPassing laws
o Lays out duties and requirements for
serving in the federal government
Article II: Executive
Branch
• Headed by the president,
state department, and
department of defense
• Responsibility:
oEnsuring laws passed by
congress are upheld and
followed
Article III: Judicial Branch
• Headed by the Supreme
Court
• Its powers include:
o Interpreting laws passed by
congress
o Adjudicating criminal cases in
federal matters and disputes
between parties
Article IV
• Requires each State to give full
faith and credit to the laws of
all other states.
• This means that each state
must accept the laws of all the
other states.
Article V
• Tells how laws may be
added to the constitutiono By Creating Amendments
• Process:
o The amendment has to receive a 2/3
majority in the House and Senate
and then get ratified by 3/4 of the
states.
Article VI
• Contains the Supremacy
Clause
• This clause states that the
U.S. Constitution and the
laws of the United States are
the highest laws in the
country.
Article VII
•Explains how to
Approve the
Constitution.
•This took place is
1787.
U.S. Constitution
• Has 27 Amendments
• First 10 were approved in 1791,
they are called The Bill Of
Rights
• The Bill Of Rights limit powers of
the government
• Basic goal is to protect our
individual rights and freedoms
st
1
Amendment
• Freedom of speech, religion,
assembly, and freedom of the
press.
• What this means is that no law
may be passed by Congress,
or any state, that would limit
these individual rights and
freedoms.
Amendments #2-5
• #2- The right to bear arms
• #3- Quartering of Troops- Soldiers cant be kept in
homes
• #4- Protects against unreasonable search and
seizure
• #5- Rights of the criminally accused (indictment by
grand jury, no double jeopardy, no self
incrimination, due process of the law, eminent
domain)
Amendment #6-10
• #6- Rights to a speedy trial (speedy trial, impartial jury,
informed of charges, right to an attorney)
• #7- Rights to a jury trial
• #8- No excessive bail, no cruel and unusual punishment
• #9- Rights not enumerated (other rights not listed here)
• #10- Powers Reserved for the States
Important Amendments
- Abolished Slavery in
the United States
• 19th – Gave women the
right to vote
th
• 26 – Lowered the voting
age to 18 years old.
•
th
13
Bill Of Rights Activity
• Read each scenario
and determine which
Bill Of Right is being
exercised in each
case.
Common Law
• A set of laws made by
the courts, based on
the customs and
traditions of the people
• Oldest form of law
Common Law
• Judge- Made Laws
• It is law that has been
developed by the judges of
both England and the United
States.
Precedent
• The decision of the court
• A judge will use prior cases in
deciding of current/future cases
even though different people are
involved.
Stare Decisis
• Process of relying on past
court cases.
• Judicial decisions stand as
precedents for cases arising
in the future.
• Means: Let the decision
stand
Court Decisions
• Laws made by the
courts through:
common law tradition,
interpreting statues,
and judicial review.
Statue/ Civil Law
• Civil law is based on statutes
• Law passed by a government body
(legislators) that has been made for
the purpose of creating laws.
• This law may order people to do
something.
• Ex: Paying taxes; wear a seatbelt
• It may also order people to NOT do
something
• Ex. Don’t kill- Murder
Statute Law
• Ordinance
o Laws created by local governments
such as cities and towns.
o Examples:
• Parking Fines
• License needed to conduct
certain businesses or do
construction to homes
Administrative Law
• Body of law that governs the
administration and regulation
of government agencies
(both federal and state).
• Encompasses the procedures
under which these agencies
operate as well as external
constraints upon them. .
Administrative Agencies
• They affect a wide variety of social
issues, such as telecommunications,
the financial market and racial
discrimination.
• Examples of these agencies include
the Department of Labor (DOL), the
Federal Communications Commission
(FCC) and the Securities Exchange
Commission (SEC).
Examples of
Administrative Law
• Minimum Wage in Illinois
o $8.25 per hour for those 18 and old
o Under 18 may be paid $7.75
• FCC (Federal Communications
Commission)
o It is a violation of federal law to air
obscene programming at any time. It is
also a violation of federal law to air
indecent programming or profane
language during certain hours.
Section 1.2
The Court System and
The Trial Procedure
A Dual Court System
• The United States has 2
major court systems
oFederal
oState
FEDERAL COURT
SYSTEM
Federal Court System
•Arranged into 3 tiers
oDistrict Court (tier 1)
oCourts Of Appeals (tier 2)
oU.S. Supreme Court (tier 3)
3 Tiers
U.S. District
Court
U.S. Court
Of Appeals
U.S.
Supreme
Court
Federal Vs. State Courts
• As the framers wrote the Constitution, some feared that
the federal courts might threaten the independence of
the states and the people.
• To combat this fear, the framers set up a federal court
system that can only hear cases in special
circumstances.
• Jurisdiction- a court’s power to hear a case and to make
a judgment.
• The only cases heard in a federal court are those that
raise a “federal question” and those that involve
“diversity of citizenship.” (lawsuit involving people from
different states).
Federal Court Case Examples
• Federal courts have jurisdictions over certain
types of cases such as:
• Cases in which the United States is a party
• Cases involving violations of the U.S. Constitution or
federal laws
• Cases between citizens of different states if the
amount in controversy exceeds $75,000
• Bankruptcy, Copyright, Patent, and Maritime (sea)
law cases.
• Bank Robbery in which the FDIC insures the bank
• Bringing illegal drugs into country or across state
line
• Crimes committed on federal property: national
parks or military reservations.
Tier 1: District Courts
• Trial Courts. Each state has at least
one.
• Trials are either Criminal or Civil
• District Courts have original
jurisdiction
o A court has the power to hear a case for
the first time.
o Most federal cases begin in one of the U.S.
District Courts
Tier 1: District Courts
• People who win their civil case
are usually awarded money to
compensate for their damage
• People who lose their criminal
case usually go to prison.
Tier 2: Court Of Appeals
• Appellate courts of the federal
system.
• An appeal is a request to a
higher court to reverse a lower
court’s decision.
• Appellate Court
o A court that hears appeals and reviews
cases from the lower courts.
Tier 2: Court Of Appeals
• Considered an
nd
intermediate Court (2
tier)
oOne that is in-between the
lower courts (U.S. District Court)
and the higher court (Supreme
Court)
Tier 2: Court Of Appeals
• During an appeal court case, the defendant
is not happy with the previous ruling.
• Defendant risks judgment
• There is no jury, there is a panel of 3 judges
• The panel will look at the info. from the
Criminal/Civil trial and see if there are any
errors.
• Majority vote of 2 is needed.
• The ruling in an appeal court case is final.
Tier 3: U.S. Supreme
Court
• Highest Court in the Country
• Main job is to hear appeals
• They decide which appeal
case they will hear
• 4 of the 9 justices must
agree
Tier 3: U.S. Supreme
Court
• Consists of the chief justice of
the United States and eight
associate judges. (Nine total)
• President chooses the justices
with the consent of the senate.
• Serve for Life- until they retire.
Special U.S. Federal
Courts
•
•
•
•
•
•
U.S. Claims Court
U.S. Court of International Trade
U.S. Tax Court
Territorial Courts
Court of Military Appeals
These courts have jurisdiction in certain
kinds of cases. These cases include
lawsuits that are brought by citizens
against the federal government.
Judicial Circuits
• The United States is
divided into 13 judicial
circuits.
• Each circuit has several
districts courts and one
court of appeals.
Judicial Circuits
STATE COURT SYSTEM
State Court System
• Since the federal courts can only hear
certain kinds of cases, most of the
day-to-day cases that courts deal with
happen in state courts.
• Each State has the following types of
courts:
o
o
o
o
o
Local Trial Courts
General Trial Courts
Juvenile Courts
Intermediate Appellate Courts
State Supreme Courts
Local Trial Courts
• Courts of limited jurisdiction
o Court handles minor matters
• Example Cases:
o Disputes over small amounts of
money which can be heard in small
claims court.
o Minor cases are also heard by:
Traffic, Police, or mayor’s courts.
General Trial Courts
• A.K.A. A court of General
Jurisdiction
• Handles criminal and civil
cases
General Trial Courts
• A crime that is a violation of state law. Most criminal
activity falls in this category, such as robbery,
assault, murder, and many drug related crimes.
• A controversy arising out of the state constitution or
other state laws.
• A case in which the state is a party, such as state
tax violations.
• Most real estate cases, malpractice, personal injury
cases, and contract disputes.
• All family, divorce, custody, inheritance, and
probate (will) cases.
Juvenile Courts
• Deal with juvenile offenders and with
children who need the protection of
the state.
• They deal with children up to the age
of 18.
• Juvenile courts have special
jurisdiction over delinquent, unruly,
abused, and neglected children.
Juvenile Courts
• Juvenile matters are sealed... They are NOT
open to the general public.
• This protects privacy of the minor.
• Hearings are usually more informal
• Young people who appear have no right to
a trial by a jury and no right to be released
on bail.
• However, the supreme court has held that
there must be proof beyond a reasonable
doubt to convict a child as an adult.
Intermediate Appellate
Court
• Hears appeals
• Occurs when the parties believe
they did not have a fair trial in the
lower court.
• They may also appeal to the state
appellate courts if the judge did
not interpret the law correctly.
State Supreme Court
• Highest court in most states
• Decides matters of law appealed
from lower courts.
• Supreme Courts do not hold a
second trial.
Courts and their Jurisdictions
• District Courts
• Original Jurisdiction
o Hear a case first
• Court Of Appeals
• Local Trial Courts
• General Trial Courts
• Juvenile Courts
• Special U.S. Courts
• Appellate Jurisdiction
o Hear an appeal from a lower
court
• Limited Jurisdiction
o Court handles minor matters
o Traffic, parking... Tickets
• General Jurisdiction
o Handle criminal and civil cases
• Special Jurisdiction
o Deal with children under 18 yrs
old
• Exclusive Jurisdiction
o Lawsuits brought by citizens
against federal government
Juvenile Courts
• Juvenile Court is designed to deal with
those under the age of 18 who may
need protection or other social
services, or those who pose a threat to
themselves or others.
• The procedures are meant to solve
problems in an informal setting where
rehabilitation is the goal.
Juvenile Court
• The goal of the juvenile court is to help
juveniles develop into law-abiding
adults.
• Sometimes this means dealing with the
juvenile’s criminal behavior, other
times it means protecting the juvenile
from unhealthy environments.
Juvenile Courts
• Juvenile Court does not refer to the place a court
proceeding takes place. Instead it is a set of rules that
are used when the court system is dealing with children:
o Children who break the law
o Children who are neglected or abused
o Adoptions
o Termination of parental rights
o Appointments of guardians
o Marriage consent for girls between ages 16
and 18
Juvenile Courts
• Different terms are used when dealing with juveniles as
compared to adults. The following is a comparison of the
terms:
• ADULT
JUVENILE
• Crime
Delinquent Act
• Arrest
Custody
• Charge
Petition
• Guilty plea
Admission
• Not guilty plea
Denial
• Trial
Hearing
• Verdict of guilty
Delinquent
• Verdict of not guilty
Not delinquent
• Sentence
Disposition
Substantive Vs.
Procedural Law
• Substantive- Tells us what
the law is
• Procedural- Tells us how
the law works
o2 major divisions are criminal
and civil procedures
2 Types of Procedural
Law
• Criminal: Enacted to protect the
public from harm.
• Civil: enacted to govern the
relationships between two
individual parties, and does not
normally involve the government.
Criminal Vs. Civil
Scenarios
• Read each scenario and
determine whether the case is
a criminal or civil crime.
• Underline the part of the
statement that lead you to that
conclusion.
Court/Case Scenarios
• Read each scenario and
determine whether the case is
one of the following:
o Federal Criminal
o Federal Civil
o State Criminal
o State Civil
Civil Trial Procedure
Injured person files a complaint with the court
Another name for bringing a civil lawsuit is litigation.
Advantages
• the courts have
had a chance
to develop
rules that make
the process as
fair as possible.
Disadvantages
o Costly- you need an
attorney to investigate
your case
o You are not
guaranteed or
provided an attorney.
You must find your
own.
o Many people choose
to represent themself
in civil cases.
Reason for Civil
Litigations
• If someone is hit by a car and dies, the
victim’s family may sue the driver car for
wrongful death.
• The family may get money to compensate
for pain of losing their loved one.
• Survival statutes are written to ensure that
when a plaintiff dies, a representative for the
deceased can continue the case, or bring a
new case on the deceased’s behalf.
Statutes of Limitation
• Statutes of limitation are passed to provide time
limits for when a plaintiff may sue a defendant.
• Example: The statue of limitation for brining a
wrongful death claim may be three years.
• This means that the family of the victim has
three years to begin a suit against the driver for
their loss.
• There are different time limits for each separate
claim.
Alternative Dispute
Resolution (ADR)
• Occurs when parties try
to resolve disagreements
outside of the usual court
system.
• Cuts cost- saves time.
ADR Techniques
• Mediation
• Arbitration
• Conciliation
• Negotiation
Mediation
• Occurs when parties to a dispute invite a mediator
to help them solve a problem.
• Can be done voluntary or requested by the court
• A mediator tries to persuade the parties to
compromise.
• Advantage: Final decision remains in the hands of
the two parties.
• Disadvantage: if carried out too quickly, mediation
can highlight the disagreement between the parties
rather than the points of the agreement.
Arbitration
• A dispute is settled by a third party person.
• The person hired to settle case is the
arbitrator
• Advantage: Often results in a fair solution
because the decision is in the hands of an
independent, objective third party.
• Disadvantage: the final decision does not
remain in the hands of the people who have
a dispute.
Conciliation
• Similar to mediation and arbitration.
• In conciliation, the intermediary, who is generally
referred to as the conciliator, does not bring parties
together for a face to face meeting.
• The conciliator shuffles back and forth between
parties seeking a consensus.
• Advantage: Parties are kept apart from one
another. Reduces angry confrontation.
• Disadvantage: Takes more time because the
conciliator must meet separately with everyone
involved.
Negotiation
• Each party appoints a spokesperson to represent
him or her in the reconciliation process.
• The negotiators then meet to hammer out an
agreement.
• Negotiation is one step closer to litigation, which
involves an actual law suit.
• Advantage: it permits the parties to determine the
relative merits of their arguments without going to
court.
• Disadvantage: negotiation simply leads to litigation
thus adding an extra step to an already long
process.
Judge Judy…Real?
• 1. The cases are real -- but the proceeding is an
arbitration.
o Judge Judy is an actual judge but on the show she acts more as a third
party person, deciding the outcome to the case.
• 2. The people are real- but they don’t have to pay
o Maximum award is $5,000
o Both parties come out at winners though because the show pays for their
airfare, hotel, and arbitration award.
o Ends up being a free trip to Los Angeles.
• 3. Rulings are usually final--- some cases have been
overturned.
o Appearing on a TV judge show like "Judge Judy" involves signing off on a
lot of legal fine-print.
Civil Case Procedure
• Civil litigation begins with
pleadings
o Formal papers filed with the court by the plaintiff
and defendant.
o 2 kinds- complaint and answer
o Plaintiff- person bringing the law suit
• Files a complaint (type of pleading)
o Complaint is filed with the Clerk of the court
Civil Case Procedure
• Clerk of the court issues a summons
• Process server issues summons
o You've Been Served!
o Summons can be handed to defendant, handing to family
member 13 yrs old and over, or mailed to residence.
• Defendant- person who the lawsuit is against.
o Defendant and their lawyer files an answer (type of
pleading)
o Answer is filed with the clerk of the court
o Clerk of court is the middle man!
o Plaintiff may respond with a reply
Methods of Discovery
• Used to bring facts out before trial.
They include:
o Depositions- document describing what
happened (police report)
o Interrogations (questioning)
o Requests for documents and other evidence
o Physical and mental examinations
o Requests for admission- (warrant)
Going to Trial
• If a case cannot settled at
that point, the court clerks
places the case on the
calendar, or court docket,
for trial.
Pretrial Hearing
• Informal meeting before
judge
• Occurs before a trial
takes place
• Sometimes cases are
settled here
Civil Case procedures
• The parties must decide
whether they want a
court trial or a jury trial.
• Court Trial
oNo jury- the judge makes all the
decision.
Civil Case procedures
• Jury Trial
o 1. Jury members must be chosen
o 2. Trial moves to opening statements
o 3. The evidence is introduced
o 4. When there is no more evidence to show,
the closing arguments begin.
o 5. The judge gives the jury its instructions.
o 6. Jury then decides the case and bring a
verdict.
o 7. Verdict is followed by a judgment
1. Selecting the jury
(both civil and criminal process)
• Judge calls the court to order
• Judge has a jury drawn from a
group of people who have
been called to serve.
• Selected people fill out a
survey
1. Selecting the Jury
• They are then sworn in and
asked questions under oath.
o People at this point may be dismissed
based on their answers (bias)
• Example: If a case is about a car
accident, and you have been in a
car accident before, you may be
dismissed due to bias.
• Jury Selection Process
1. Selecting the Jury
• You can possibly be dismissed
before questioning if you are
not needed.
• The lawyers consider the juror’s
background, education,
experience, relationships,
attitudes, and employment.
1. Selecting The Jury
• 2 Challenges Exist which allow
lawyers to dismiss potential
jurors for various reasons.
oPeremptory Challenge
oChallenge for a Cause
Peremptory Challenge
• Each lawyer is given a set # of jurors
they can dismiss in which they don’t
have to explain why they are
dismissing them.
• Usually the amount a lawyer can
dismiss is the amount of jurors being
selected.
o Example if 14 jurors are being selected, they can
dismiss 14 people.
Challenge For A Cause
• Jurors can be removed due
to bias from questions
answered during
questioning.
• Limitless- no set amount that
can be dismissed
1. Jury Selection
• Jury selection can take
days… even weeks!
• The jury must determine the
facts of the case.
• The jury applies the law to
those facts.
2. Arguments and
Evidence
• After jury members are chosen, lawyers
make opening statement
• Opening statement explain what the lawyers
intend to prove.
• The plaintiff’s lawyer goes first (people who
filed the suit)
• Defendants lawyer is next.
• Plaintiff’s Evidence is presented, witnesses
testify.
o Expert witnesses will give their expertise and opinions on
evidence presented.
2. Arguments and
Evidence
• Defense lawyer has a chance to
cross examine the plaintiff's
witness.
o This tests the truth of a witnesses statement
o It may also bring out new evidence
• The defendant presents their evidence
• The plaintiff can then cross-examine.
• When both lawyers are done, they rest
their case.
2. Arguments and
Evidence
• Plaintiff gives a closing argument
• Defense lawyer gives their closing
argument
• Each lawyer gives summary of the
evidence that was presented and
suggests reasons why the judge or
jury should rule in their client’s
favor.
3. Instruction to the Jury
• Juries are composed of ordinary
people who are usually not
experts in law.
• Judge explains the law to the jury
• This is a process called jury
instruction
• Lawyers from both sides may
suggest instruction
4. Verdict and Judgment
• Jury members go to the jury room to
talk about the case (deliberation)
• After discussing the case, the jury will
decide who has won the suit.
• The decision is called the verdict
• In a civil case, the jury finds “in favor
of” one party over another.
• The number of people on a jury that
have to agree on a verdict varies from
state to state.
4. Verdict and Judgment
• Following the jury’s verdict,
the court issues a judgment
• The judgment reveals who is
at fault for what and
determines the liability for
the case
5. Remedies
• 2 types offered when a plaintiff has
“won” a case.
o1st type is payment of money
o2nd type requires some other
action by the defendant.
o Keep a promise in a contract called specific
performance
o Defendant must stop doing something- plaintiff
seeks an injunction
6. Execution of Judgment
• Judgment of court must be carried
out.
• Judgment is enforced when the
judge issues an execution order.
o Judge may order the sheriff to take some of the
property that belongs to the losing party.
o The sheriff would then sell the property at an
auction.
o The sheriff uses the money made at the auction
to pay the winning party
Criminal Trial Procedure
• Arrest
o Occurs when a person is legally deprived of his or her freedom
• Cases often start when the defendant is
arrested.
• Defendants have rights to due process of
law, or fair treatment
• Law requires a court hearing right away
o Protects a defendants rights
o Trial is planned for later so both lawyers have time to prepare their
case.
Rights of the Defendant
• People must be informed of their
constitutional rights when they are
arrested.
Miranda v. Arizona
They are called your “Miranda Rights”
Tells people what crime they are being arrested for
Must tell people they have the right to a lawyer
If a defendant cannot afford a lawyer, the court must appoint
one at no cost
o Must tell people they are arresting that they have the right to
remain silent, and anything they do or say can be used
against them in court.
o
o
o
o
o
o Miranda Rights
Rights Of A Defendant
• A police officer may arrest
someone at anytime if they have
a warrant.
• A police officer may arrest
someone without a warrant if they
believe or the person has
committed a crime or is
committing a crime in the officers
presence.
Bail
• Money or other property that is
left with the court to assure that
a person who has been
arrested, but released, will
return to trial.
• A judge determines bail.
Search and Seizure
• An officer may search a person, car, house, or other
building only if permission is given or if the officer
has a search warrant.
• Search may only be in the area mentioned in
warrant.
• An officer can do a limited search or frisk if they
believe a person has a weapon.
• When search is over, person is either released or
arrested.
• Person who has been arrested can be searched
without a warrant.
The Arraignment
• Suspect is brought before the court as soon
as possible after arrest.
• Defendant is informed of the complaint
• Judge may find a reason to dismiss the
complaint.
• Judge may also determine that there is
probable cause, and a crime has been
committed.
o Reasonable basis for believing that a crime may
have been committed
Grand Jury
• Jury made up of citizens who must decide
whether there is enough evidence to justify
accusing a person of a crime.
• Conduct hearing in private to determine if
someone must stand trial.
• If the grand jury decides a crime has been
committed, they issue an indictment
o Written accusation charging the individual
• This does not mean the person is guilty, it
means there is a possibility the jury thinks the
person may be guilty.
Arraignment
• A formal hearing during which the
defendant is read the indictment or
information and is asked to plead
guilty or not guilty.
• Accused is informed of their rights
• If person pleads guilty, the judge may
impose a sentence.
• If the person pleads not guilty, the
case goes to trial.
Arraignment
• A defendant may plea guilty
pursuant to a plea agreement.
o Agreement between government and
defendant
o Government may offer to change the
charges to a crime with a lesser sentence
if the defendant will plea guilty without a
trial.
o Florida Arraignment
o Ariel Castro Arraignment
The Trial
• Jury Trial
o Jury Members must be selected.
• Bench Trial
o Judge makes decision
o Rarely happens in criminal cases.
• Same procedure as civil case
o Opening statements are made
o Evidence is presented
o Lawyers give their closing statements
o Judge give instruction to jury
The Trial
• Verdict must be unanimous in a criminal trial
• When a jury cannot unanimously agree, it is
called a hung jury and a mistrial is called.
• A new trial can be held at the option of the
prosecution.
• If the verdict is not guilty, the defendant is
released.
• If the defendant is guilty, the judge imposes
a sentence in the form of a: fine,
imprisonment, or both.
The Trial
• If the defendant is guilty it means that
beyond all reasonable doubt, the defendant
is the one who committed the crime.
• There is also an element of intent which
means the defendant intended to break the
law.
• A person found not guilty cannot be tried for
the same crime twice. This is the principle of
double jeopardy.... Defined in the 5th
amendment to the constitution.
Sentencing
• Judge decides
punishment
oFines
oImprisonment
oDeath Penalty
Fines
• Payment of money as
a penalty for
committing a crime.
Imprisonment
• Each state is different.
• Indefinite sentence is where a judge
will identify a minimum or maximum
amount of time a person will be in
prison for... Example: 5 or 10 years
• Some states will say an exact amount
of time.
• Some states have a certain amount of
time for certain crimes.
Death Penalty
• A jury, not a judge will decide if a
person deserves the death
penalty
• Supreme court rules that
defendants under the age of 18
and those who are mentally
incompetent cannot be
sentenced to death.
3 Steps in a Juvenile Court
• 1. Detention Hearing
o Judge determines if accused should stay in custody or can be
released
o Minors background and home life is investigated
• 2. Adjudicatory Hearing (ad·ju·di·ca·to·ry)
o Occurs if the accused is not released
o Informal hearing where judge may question the accuses,
parents of the accused, witnesses, or seek advice from a
probation officer.
• 3. Disposition Hearing
o Judge determines outcome of case
Disposition Hearings
• Judge will then determine
outcome of case.
o return home on probation
o placed in an agency or foster home.
o attend a training or reform school.
o pay damages with money, work, or
both
Runaway Jury
• How does Easter know Marlee?
• Nick and Marlee are high school girl friend/boy
friends. Nick is really Jeff Kerr, a talented former law
student drop-out, and Marlee's real name is Gabby
Brandt. Gabby's younger sister, Margaret, died in a
school shooting -- along with eight others. Nick had
tried to save her but she just "froze" in front of the
lone gunman. Their home town of Gardner sued the
gun manufacturer and Fitch helped to win the case
for the defense, bankrupting the town of Gardner.
Doyle concludes that Nick and Marlee's intent is a
set-up to bring down Finch.
• 2. How does he convince the judge to
require him to serve on the jury?
• Nick pretends that he doesn't want to be on
jury duty -- tricking the judge into thinking
he needs to perform his civic duty. Nick
repeatedly looks at a photo of Marlee's
dead sister in an antique locket but the
judge thinks he is looking at his pocket
watch. Then Nick goes into a long rant
about participating in a Madden Challenge,
the NFL video game for prize money
($100,000) and that is more important to him
than serving on the jury. This infuriated the
judge so he wants this juror.
• What is the greatest ethical dilemma
Wendell Rohr faces in this trial?
• Wendell Rohr faces the dilemma of
buying the jury's vote for millions of
dollars, i.e., jury tampering, or fighting
the case, honestly, to the end no
matter what the outcome is. He wants
to win badly.
• What is Rankin Fitch’s role in the
movie?
• Rankin Finch is hired by big
corporations to help them win
lawsuits. Finch is the best jury-fixer
there is. For a substantial fee, he
carefully investigates and chooses
the perfect jury, and arranges
whatever needs to be done to
make sure the verdict comes out
his way. And he is paid BIG bucks
to do it.