Individual & the Law
What is Law?
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Law & Values
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 We expect our legal system to achieve many goals:
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Protect basic human rights
Promote fairness
Help resolve conflicts
Promote order and stability
Promote desirable social and economic behavior
Represent the will of the majority
Protect the rights of minorities
Human Rights
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 Universal Declaration of Human Rights (UDHR)
 Adopted by the United Nations in 1948 under the leadership of
Eleanor Roosevelt
 Has been agreed to by almost every nation in the world, but is NOT a
binding treaty
 Proclaims the right to:
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Liberty
Education
Political & Religious Freedom
Economic Well-being
 Bans
 Torture
 Claims
 All people have the right to participate in their government process
 United Nations treaties to enforce Human Rights:
 The International Covenant on Civil and Political Rights
protects the freedoms of speech, religion, and press and
the right to participate in government
 The International Covenant on Economic, Social and
Cultural Rights provides for the right to adequate
education, food, housing, health care, protection of
property, and employment in safe conditions at an
adequate salary
 The Convention of the Rights of the Child spells out
basic human rights to which children everywhere are
entitled, including the right to education and to be free
from exploitation
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Balancing Rights With
Responsibilities
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 With every right there comes a responsibility
 Individual rights must be matched by social
responsibilities
 You want a jury trial, you must be willing to serve on
a jury
 You want to be governed by elected officials, you must
be willing to vote
Kinds of Laws
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 Criminal Laws – regulate public conduct and set out duties
owed to society
 Felonies – penalty is more than 1 year in prison
 Misdemeanors – penalty is 1 year or less in prison
 Conviction is reached by determining guilt BEYOND A
REASONABLE DOUBT – if there’s any doubt then the jury
cannot vote to convict
 Civil Laws
 Civil Action – people suing each other
 Defendant – the person accused of committing the crime
 Plaintiff – the person harmed in the crime
 Conviction is reached through a PREPONDERANCE OF THE
EVIDENCE – it’s more likely than not that the person is guilty
Lawmaking
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Legislatures
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 Legislatures are the primary law-making bodies at
the federal and state levels
 Federal level = U.S. Congress
 Laws passed by them are called Federal Statutes
 State level = General Assembly
 Laws passed by them are called State Statutes
 Cities towns and counties have law-making bodies too
 Councils
 Commissions
 Laws passed by these groups are called ordinances or
regulations
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 No state or local law can go against the Constitution
 Article VI of the Constitution, THE SUPREMACY
CLAUSE, states that the Constitution is the “Supreme
Law of the Land”
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 When drafting a bill (a proposed law), a legislator
must keep in mind the following
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Is the law written in clear language?
Is the law understandable?
When does the law go into effect?
Does the law contradict any other laws?
Is the law enforceable? If so, by whom?
Are the penalties for breaking the law clear and
reasonable?
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 Once a bill becomes a law, once someone breaks the
law and goes to court, a judge has to interpret it.
 Judicial interpretation of a law is called legislative
intent – what did the legislature intend when they
wrote this law?
Agencies
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 Federal Agencies make very specific laws
 OSHA (Occupational Safety and Health
Administration) makes regulations to preserve health
and safety on the job
 Back braces for people lifting heavy items
 Hard hats for construction workers
 EPA (Environmental Protection Agency) makes
regulations to protect us and the environment
 TSA (Transportation Security Administration) screen
passengers boarding airplanes since 9/11
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 Before a Federal Agency makes a new regulation,
they have to post it in the Federal Register. This
gives people time to ask questions and debate the
new regulation.
 Then, they have a public hearing where people can
come and voice their opposition or support
Courts
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 Trials are held in courts
 The loser of a case can appeal the decision to a higher
court
 If the appeals court make a ruling, it sets a precedent
for future similar cases.
International
Lawmaking
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 Treaties are the main source of international laws.
 A contract between countries
 Most treaties, once signed, are supported by the
United Nations
 A treaty signed by the U.S. President and approved
by 2/3 of the Senate is a binding law according to the
U.S. Constitution.
Advocacy
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The Art of Advocacy
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 Advocacy is the active support of a cause.
 Also involves being able to convince others to support
your cause too
Lobbying
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 Lobbying is a way to influence the lawmaking
process by convincing lawmakers to vote as you
want them to
 Lobbying comes from the 17th century when people
would corner lawmakers in an outer “lobby” to talk
advocate their interests
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 Lobbyists are people who work to convince
lawmakers to support their cause
 Professional Lobbyists – lobbying is their full-time job.
Many groups hire professional lobbyists to stay in
contact with lawmakers full-time
 i.e. National Rifle Association
 Grassroots Lobbyists are people who have other jobs,
but care enough about the cause to call and write their
legislators in their spare time.
Voting
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 This is our most basic constitutional right.
 Laws are usually made by an elected legislator and
approved by other elected legislators or by
referendum – means the people vote on the law.
 Laws can also be made through initiative – a
specified number of registered voters get the
proposed law on the ballot through the petition
process
 The law may be approved or rejected by the
legislature or the voters
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 If the voters are unhappy with an elected official,
they can institute a recall – where a certain number
of registered voters petition to have the said elected
official removed from office.
Settling disputes
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Methods for Solving
Disputes
 Negotiation – the parties involved try to reach a compromise
agreement
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 Three phases of negotiation
 Step one – Prepare to Negotiate
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All parties come to the discussion truly wanting to solve the problem
Identify the issue causing the problem
Consider the issue from the perspective of the other side
One the steps above have been followed, each party should identify two
workable solutions
 Step two – Negotiation
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Listen carefully to what is being said
List as many solutions as possible
Be realistic
Repeat main points, write them down, to make sure both parties understand
them
 Step three – Finalization
 Agree on what to tell others about how the decision was reached – this
avoids conflict in the future
 Sometimes negotiation involves arbitration – having
someone else listen and make a decision for them
 Mediation – when a third party tries to listen and help
people come to a solution. Their suggestions are NOT
binding.
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 Steps in mediation:
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Introduction
Telling the Story
Identifying Positions and Interests
Identifying Alternative Solutions
Revising and Discussing Solutions
Reaching an Agreement
The Court System
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Trial Courts
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 U.S. is an adversarial system – court cases are a
contest between opposing sides. The judge is like a
mediator.
 Some European countries use the inquisitional
system – the judge controls the trial and may present
evidence, confront witnesses, etc.
Trial Courts
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Criminal Courts
Prosecutor
Represents
the State or
the Federal
Government
Civil Courts
Plaintiff
The
Accused
Most never go to trial because a
plea bargain is usually reached
Defendant
The person
bringing
charges
against
someone
Many never get to court
because a settlement is
reached
Steps
in
a
Trial
 Opening Statement by Plaintiff or Prosecutor
 Opening Statement by Defense
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 Direct Examination by Plaintiff or Prosecutor
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Cross-Examination by Defense
Motions
Direct Examination by Defense
Cross-Examination by Plaintiff or Prosecutor
Closing Statement by Plaintiff or Prosecutor
Closing Statement by Defense
Rebuttal Argument
Jury Instructions
Verdict
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 Jurors
 In most cases, they are chosen through a process
known as voir dire examination
 Opposing attorneys questions prospective jurors to see if
they want them on the case
 Not every juror questioned will be chosen
 Removal for Cause – a prospective juror is removed due
to the impression they gave that they could not render a
fair decision
 Peremptory Challenges – each attorney is given a certain
number of prospective jurors they can eliminate without
giving a reason.
Appeals Courts
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 Appeals Courts hear cases where the losing party
thinks something went wrong and they want
another set of judges to hear the trial
 What could go wrong?
 Error of Law – the judge made a mistake applying the
law to the case
 This is usually the only way a case gets heard by an
appeals court
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 Precedent – this is set when an appeals court renders
a decision. It means this new interpretation or
change in interpretation is how the lower courts
must also apply the law.
 Dissenting Opinion – issued by judges who did not
agree with the majority opinion
 Concurring Opinion - issued by judges who agreed
with the majority opinion, but not with what it was
based on.
State & Federal Court
Systems
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 State Courts
 Hear cases that deal with state law as well as many
areas of federal law.
 State courts have trial courts, depending on the state,
they can be called
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Superior
County
District
Municipal
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 Federal Courts are courts of limited jurisdiction
 Criminal & Civil involving federal law
 Cases when the parties are from different states and
the amount disputed is more than $75,000
U.S. Supreme Court
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U.S. Circuit Court of
Appeals
Federal
Courts
State Courts
State Supreme
Court (Highest
State Court)
Intermediate
Court of Appeals
Appeals
U.S. District Court
(Federal Trial Courts)
Municipal or
County Court (Local
Trials)
Supreme Court of the
U.S.
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 Highest Court in the U.S.
 Created in Article III of the U.S. Constitution
 9 Justices
 1 Chief Justice
 8 Associate Justices
 Most cases reach the Supreme Court by Writ of Certiorari.
 The justices review the cases appealing a ruling and use the
Writ of Cert which calls up the case
 Some cases reach by Certificate – the lower courts ask for
help because they don’t know how to interpret the law.
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 Supreme Court begins each new session on the first
Monday in October
 Sessions last until late June
 Once the Supreme Court issues a ruling, that ruling
sets a precedent for future, similar cases
 This precedent is called Stare Decisis – Let the decision
stand
International Courts
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 The International Court of Justice is part of the
United Nations.
 It is located at The Hague in the Netherlands
 They usually settle disputes between countries
Lawyers
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General Information
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 Also called Attorneys
 Can be employed by
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Federal or State Government
Local Agencies
Corporations
Unions
Trade Associations
Public Interest Groups
Legal Aid Organizations
Private Practice
Law Professors
Judges
Elected Officials
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 Those who do go to trial are called trial attorneys or
Litigators
When does one need a
lawyer?
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 Buying or selling real estate
 Organizing business
 Changing your family status (divorce, adoption, etc.)
 Making a will or planning an estate
 Handling accidents involving personal injury or
property damage
 Signing a large or important contract
 Defending a criminal charge or bringing a civil suit
(suing someone or being sued)
How does one find a
lawyer?
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 Recommendations from family or friends is the best
way.
 Better Business Bureau
 Yellow Pages
 What about paying them?
 Most need a RETAINER fee up front (like a down
payment)
 They charge by the hour
 Some will work for a CONTINGENCY FEE – they take
a portion of the settlement you receive if you win.