Law Day 2012
Presented by (insert your name)
District Court # (insert your court)
This presentation was developed by the
Special Court Judges Association of Pennsylvania
and the Pennsylvania Bar Association
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Think back over your day, and all the things you’ve
done and all the things you still have to do.
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As you think about your day, quickly add up the
things you did that involved the law and just get a
very rough number of how many of the things that
you did were in some way law-related.
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Roughly, how many things in your day are lawrelated?
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Less than 5?
5-10?
10-20?
More than 20?
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Would you be surprised if I told you that you have
probably been affected by hundreds of laws
today?
What law/s affect/s you when:
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You wash your face?
Brush your teeth?
Turn on the TV?
Eat breakfast?
Walk your dog?
Ride the bus?
Drive your car?
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We are a society of laws
We live by the rule of law – Not by the rule of man
Laws bring order and provide structure
Laws apply to everyone – no one is above the law
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Time to celebrate our unique American heritage
and way of life
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It is not a celebration of lawyers and judges, but of
our country’s values and system of government.
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1958 – Charles Rhyne develops Law Day
President of the American Bar Association
Served as Special Counsel to President Eisenhower
◦ Worked for many years to eliminate discrimination
(1)
Law Day was established by Presidential Proclamation
in 1958
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What was going on…
◦ Who was the President in 1958?
◦ What state entered the Union?
◦ We were in a race to space; what national department
was created?
◦ What famous singer was inducted into the Army?
◦ The first Trans Atlantic passenger jetliner service flew
between two cities. Which ones?
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A little more history to put it all into context…
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Proposed during the “Cold War” with Russia
We were fighting the rise of Communism, nuclear
weapons and military might
May 1 – “May Day” in Russia and Communist
countries – a day to celebrate the might, power
and force of their military to maintain order and to
rule the country.
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“The 2012 Law Day theme, No Courts, No Justice,
No Freedom, underscores the importance of the
courts and their role in ensuring access to justice
for all Americans.”
American Bar Association President Wm. T. Robinson III (2)
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"To ensure many of the rights that we hold
important in our society, the road to justice often
relies on America's courts.”
Pennsylvania Chief Justice Ronald D. Castille (3)
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“Our United States judicial independence is one of
the crown jewels of our system of government.”
United States Supreme Court Justice William Rehnquist (4)
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Written in 1787, ratified in 1788 and in use since
1789
Establishes a Federal Government
◦ Government is structured to share powers between the
national and state governments
◦ Gives certain powers to each level of government
◦ Creates a Court System for the national government
◦ Allows each state to create its own court system
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Creates three co-equal branches of Government
◦ Legislative – makes laws
◦ Executive – enforces laws
◦ Judicial – interprets laws
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Article III deals solely with the establishment of the
judiciary and is the least specific of all of the three
branches of government
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Section 1 - establishes the Supreme Court and
gives power to Congress to establish lower courts
◦ Allows justices to serve for life
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Section 2 – outlines jurisdiction of the courts
Section 3 – gives authority to decide treason
cases
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First constitution was ratified in 1776
◦ Was the framework for the United States Constitution
◦ Was replaced in 1790
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Establishes a three, co-equal branch government
◦ Legislative, executive and judicial
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Article V
(6)
◦ Provides the structure for the state court system
◦ Establishes a Supreme Court, trial courts and justices of
the peace
◦ Establishes the courts’ jurisdictional powers
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Criminal - a violation of a law in which there is injury to the
public or a member of the public and a term in jail or prison,
and/or a fine as possible penalties
(7)
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Civil - that part of the law that encompasses business,
contracts, estates, domestic (family) relations, accidents,
negligence, and everything related to legal issues, statutes,
and lawsuits, that is not criminal law
(8)
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Constitutional law - deals with some of the fundamental
relationships within our society. This includes relationships
among the states, the states and the federal government,
the three branches (executive, legislative, judicial) of the
federal government, and the rights of the individual in
relation to both federal and state government. Can also
include actions involving the federal and state constitutions.
(9)
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Antoine Jones is suspected of trafficking drugs.
FBI and Washington D.C. Police want to monitor
Jones. They install a GPS (global positioning
system) to Mr. Jones’ car while parked in a public
parking lot without a warrant.
U.S. v. Jones, 615 F. 3d 544 (2012)
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Discussion questions:
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(10)
(A)
◦ What type of law is at issue?
◦ Is this a Federal or State case?
◦ What do you think is the outcome?
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4th Amendment to the Constitution
◦ Included in the Bill of Rights
◦ Ratified December 15, 1791
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The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be seized.
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Should a minor (someone under the age of 18) be
allowed to purchase/rent a violent video game?
Brown v. Entertainment Merchants Association
131 S.Ct. 2729, 2011
(12)
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(B)
Discussion questions:
◦ What type of law is at issue?
◦ What do you think is the outcome?
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1st Amendment to the Constitution
◦ Included in the Bill of Rights
◦ Ratified December 15, 1791
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Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.

A chairlift operator agreed with Lori Chepkevich to
stop a ski lift so that her nephew could easily get on.
The operator failed to stop the lift and Lori fell; she
dislocated her shoulder and fractured her hip. She
wishes to sue the resort for her injuries.
◦ She had purchased a season pass which stated that the
Pennsylvania Resort is not liable for any injuries while using
the facilities
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Chepkevich v. Hidden Valley Resort, L.P.
607 Pa. 1, 2 A.3d 1174, PA. June 21, 2010
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Discussion questions:
(C)
◦ What type of law is at issue?
◦ What do you think is the outcome?
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Comparative Negligence – 42 Pa.C.S. §7102(c)
◦ Also called Pennsylvania’s Skier’s Responsibility Act
◦ (a) General rule.--In all actions brought to recover damages for negligence
resulting in death or injury to person or property, the fact that the plaintiff may have
been guilty of contributory negligence shall not bar a recovery by the plaintiff or his
legal representative where such negligence was not greater than the causal
negligence of the defendant or defendants against whom recovery is sought, but
any damages sustained by the plaintiff shall be diminished in proportion to the
amount of negligence attributed to the plaintiff.
◦ (c) (1) The General Assembly finds that the sport of downhill skiing is practiced by
a large number of citizens of this Commonwealth and also attracts to this
Commonwealth large numbers of nonresidents significantly contributing to the
economy of this Commonwealth. It is recognized that as in some other sports,
there are inherent risks in the sport of downhill skiing.
◦ (2) The doctrine of voluntary assumption of the risk as it applies to downhill
skiing injuries and damages is not modified by [42 Pa.C.S. § 7102] (a)
and (b). (13)
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Release of Liability
◦ A waiver or release gives up a right, such as releasing
one from his/her liability for harm or damage that may
occur from performing under a contract, or participating in
an activity. Some activities are considered inherently
dangerous, and those who participate in such activities
may be required to sign a release form, acknowledging
that they are assuming the responsibility for their
voluntary participation in such activities. The release acts
as an assurance to the person requesting the release
that they will not be subjected to litigation resulting from
the signing party's informed and consensual acts.
(14)
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A Pennsylvania driver is stopped for having
objects hanging from the inside central rearview
mirror. He is found to be driving under the
influence of a controlled substance and charged
with DUI.
Commonwealth of PA v. Zaid Shabazz
18 A.3d 1217 (2011, PA Super 81)
(D)
Discussion questions:
◦ What type of law is at issue?
◦ What do you think is the outcome?
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75 Pa.C.S.A.§4524(c) Windshield obstructions and wipers
Other obstruction.--No person shall drive any motor vehicle with
any object or material hung from the inside rearview mirror or
otherwise hung, placed or attached in such a position as to
materially obstruct, obscure or impair the driver's vision through
the front windshield or any manner as to constitute a safety
hazard.
75 Pa.C.S.A.§6308(b) Authority of police officer
Whenever a police officer is engaged in a systematic program of
checking vehicles or drivers or has reasonable suspicion that a
violation of this title is occurring or has occurred, he may stop a
vehicle, upon request or signal, for the purpose of checking the
vehicle's registration, proof of financial responsibility, vehicle
identification number or engine number or the driver's license, or
to secure such other information as the officer may reasonably
believe to be necessary to enforce the provisions of this title.
(15)
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(15)
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QUESTIONS?
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(1) DC Bar. Legends in the Law. Retrieved February 27, 2012 from
http://www.dcbar.org/for_lawyers/resources/legends_in_the_law/rhyne.
cfm
(2). American Bar Association. Law Day 2012 Planning Guide 2011.
Retrieved February 27, 2012 from
http://www.americanbar.org/content/dam/aba/images/public_education/l
aw_day_2012_planning_guide2.pdf
(3). Pennsylvania Bar Association Quarterly. Justice Unfunded –
Justice Undone? Assuring Sustainable Funding for our Courts January,
2011. Volume LXXXIII, No.1, p.5. Retrieved March 22, 2012 from
http://www.pabar.org/pdf/6517%20pabar%20jan%202012_revc.pdf
(4) Federal Judges Association. Young Scholars. Retrieved February
27, 2012 from http://www.federaljudgesassoc.org/scholars/
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(5) National Constitution Center. Interactive Constitution. Retrieved
February 28, 2012 from
http://ratify.constitutioncenter.org/constitution/details_explanation.ph
p?link=091&const=03_art_03
(6) Constitution of the Commonwealth of Pennsylvania 1776.
Retrieved February 28, 2012 from http://www.duq.edu/law/paconstitution/constitutions/1790.cfm
(7) The Free Dictionary by Farlex. Retrieved February 28, 2012 from
http://legal-dictionary.thefreedictionary.com/crime
(8) The Free Dictionary by Farlex. Retrieved February 28, 2012 from
http://legal-dictionary.thefreedictionary.com/civil
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(9) Cornell University Law School. Constitutional Law. Retrieved
February 28, 2012 from
http://www.law.cornell.edu/wex/Constitutional_law
(10) State Bar of Wisconsin. GPS tracking: U.S. Supreme Court
lays foundation for future Fourth Amendment cases. Joe Forward
(February 15, 2012). Retrieved February 29, 2012 from
http://www.wisbar.org/AM/Template.cfm?Section=InsideTrack&Temp
late=/CustomSource/InsideTrack/contentDisplay.cfm&ContentID=10
8991
(11) Bill of Rights Institute. The Bill of Rights of the United States of
America (1791). Retrieved February 29, 2012 from
http://my.billofrightsinstitute.org/page.aspx?pid=463
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(12) The New York Times. Justices Reject Ban on Violent Video
Games for Children. Adam Liptak (June 27, 2011). Retrieved
February 29, 2012 from
http://www.nytimes.com/2011/06/28/us/28scotus.html?pagewanted=
all
(13) Onecle. Comparative negligence - 42 Pa. Cons. Stat. § 7102
Retrieved February 29, 2012 from
http://law.onecle.com/pennsylvania/judiciary-and-judicialprocedure/00.071.002.000.html
(14) US Legal.com. Definitions. Retrieved February 29, 2012 from
http://definitions.uslegal.com/w/waiver-and-release-from-liability/
(15) Pennsylvania General Assembly. Consolidated Statutes
(see title 75) . Retrieved February 29, 2012 from
http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm
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(A) United States vs. Jones
http://www.supremecourt.gov/opinions/11pdf/1
0-1259.pdf
(B) Brown v. Entertainment Merchants Association
http://www.supremecourt.gov/opinions/10pdf/0
8-1448.pdf
(C) Chepkevich v. Hidden Valley Resort, L.P.
http://www.pacourts.us/OpPosting/Supreme/out
/J-6-2008mo.pdf
(D) Commonwealth of Pennsylvania v. Zaid Shabazz
http://www.pacourts.us/OpPosting/Superior/out/
s16024_11.pdf