Introduction to Law

Mr. BLake
 Enduring Understandings
 1. a democratic society must be based on the “rule of law.”
 2. the American legal system has been influenced by the
philosophy and historical origins of our country.
 3. laws reflect economic, moral, political, and social values.
 4. there are differences between criminal and civil laws.
 5. there is a process in which federal, state, and local
legislatures go through to make laws.
 6.the Supreme Court influences the lawmaking process.
 7. lawyers are necessary for our legal system to function
Essential Questions
 1.Why must society be based on the “rule of law” in a
democracy?
 2. How has the American legal system been influenced by
the philosophy and historical origins of our country?
 3. How do laws reflect economic, moral, political, and
social values?
 4. What are the differences between criminal and civil
laws?
 5. How are laws made in our country?
 6. How does the Supreme Court influence the lawmaking
process?
 7. Why are lawyers necessary in our legal system?
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?

• Complete Problem 1.1 from your text books (pg.

5).
What do you know?
 Working with a partner, complete the ‘Introduction
to Law’ “Pretest”.

~Respond yes or no to each prompt, and be

sure to discuss and record (write down) your
reasoning or your understanding.

(During this time, text books will be assigned.

Tonight’s Homework is to get your books covered.)
Legal Systems
 Inthe United States there are basically two
Legal Systems always at play:
1) The Civil System- the one you will
really need to know the most about!
2) The Criminal System- the one you
probably already know the most about
and the one that you might find most
interesting!
 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: Gordon v. Roberts (Pl. v. Defendant)
 Legal Systems (Cont).

 CriminalSystem:
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. Gordon
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
 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
 Criminal Law
Crimes against Property:
Includes-
Larceny
Robbery
Burglary
Theft
Embezzlement
Arson
Forgery
Uttering
 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.
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
 Lawyers
I. 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.

II. 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
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 80,000 and in Philadelphia around 115,000
(depending on the firm). Depending on the type of practice,
there is no limit to earning potential.
Lawyers
IV. 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.
Lawyers
V. Where can you find an Attorney?
* Phone Book
* Internet
* Referral Service/ Bar Association
* Martindale and Hubble Directory of Lawyers
* Mr. Blake! (Seriously…call me years from now and I’ll
send you to the right person)
So… What is a Law?
 Define in your own words.

~ work with the student next to you and come

up with your own definition.

~be prepared to share your answers.

"I fought the Law"
 Two-Part Definition
Laws-

 Rules and regulations made and enforced by

some kind of government
 Laws are provided to regulate society’s
conduct
 Definition of Law (cont’d)
 Present-day governments
cannot function if laws are
not enforced or respected
 1. this is known as the
“rule of law” (ALL society
members must follow laws)
 2. No one should be above
the law (Is this reality???)
 ~Example?
One of the reasons why the legal
system is symbolized by a balanced
scale is because in theory everyone
is seen as “equal” before the law
 Goals of a Legal System
 Protect the rights of citizens
(freedoms they enjoy)
 Promote equality in society
 Resolve conflicts between
citizens when they cannot
be resolved themselves
 Promote order and stability
in society
JURISDICTION- What court?
 Jurisdiction,in legal terms, means “area of control”, or to
have control over a situation or matter. Jurisdiction of the
court means that the specific court in issue can appropriately
hear a case.
 Factors such as the legal subject matter of a case, the locale
of the incident or the residential status of the parties can
determine the Jurisdiction of a matter ~ Which court will
hear the case.

 Read packet pages 18-20, and answer the questions on pgs.

21 and 22.
Law in “Action”….
“Law is the Truth”

“You’ve got Rights…and lefts…”

“Student Rights”

“The Laws of Science”

 The Trial Process
The Trial Process- what is involved in readying a case and bringing it
to trial?

There is a complex set of steps that must be addressed when bringing

a case to trial. The steps can vary depending on whether it is a civil or
a criminal matter.
* Generally, preparation includes investigation, interviews,
fact gathering, document reviews, witnesses interviews,
research, writing of briefs and memorandums.
• The actual trying of the case also follows a prescribed series of
steps. See page 49 in the text.

• * Complete packet pages 26-30.

Jury Trials
The right to have a trial by a Jury is established in the Bill of Rights,
specifically in the 6th and 7th Amendments.

The concept of a Jury trial came to the Colonies in the early 1600’s
with the establishment of the colony of Jamestown.

The process of a Jury trial has evolved over time to its accepted from
of 12 jurors, unless reduced by agreement.

Juries are selected typically from voter registration records.

 Amendment VI
Right to a fair trial

In all criminal prosecutions, the accused shall enjoy the right

to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed;
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defence.
 Amendment VII
Rights in civil cases

In Suits at common law, where the value in controversy

shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury shall be
otherwise re-examined in any Court of the United States,
than according to the rules of the common law.
 Juries
 Read packet pages 33-37 and respond to questions on page
38.

 12 Angry Men!
 Review Page 40- assignment due the day after the film is
completed.
Where did the concept of “Laws”
come from?
 Brainstorm….  Share your answer…
 LAWS- why, what and how?
Where do our Laws come from? Why are certain things legal while
other things are illegal?
Origins of Laws- Many laws trace their routes to times where laws
weren’t written out, where they were part of the moral code of
that society. Many of these moral values morphed into customs,
religious tenets and eventually into laws. They reflected a
society’s Values.
*Basis of Laws- Moral
Economic
Social
Political

Complete problems in text 1.2 and 1.3. Record your answers.

 Values of Society…..
 Laws are created to reflect
the values of a society
(what a society feels is
important)
 1. moral – laws that deal
with “right and wrong
conduct
 2. economic – laws that
deal with money
 Values (cont’d)
 3. Political – laws that deal
with the relationship
between government and
individual
 4. Social – laws that society
deems to be “important at
the moment” (i.e. smoking
bans)
 How Did The U.S. Legal System
Develop?
 We are based on a
democratic system of
government
 1. created by the Greeks
and Romans
 2. citizens vote for
representatives in
government who in turn
pass laws on behalf of their
constituents The Roman Senate represented both
 ~ What is this called? classes in Roman society: upper (patrician)
and common (plebian)
Laws
 Sources of Law- Laws today in the U.S. come from
two sources:
1) Courts- the decisions of courts are binding law.
This type of law is known as “Common Law”.
Examples:
“Marbury v. Madison”
“Maryland v. McCulloch”
“Roe v. Wade”
“Miranda v. Arizona”

Use your text book to define and explain the

importance of the above cases.
Sources of Law…
1) Legislative Bodies- Both State and Federal
Legislatures create hundreds of laws every
years. These are known as Statutes. Many
statutes are often published together as a
Code.
-This type of law is known as “Statutory
Law”
Examples-
Driving age must be 16
Drinking age must be 21
Must be of a certain age to Marry
Laws
 Review of “Class’ Laws”- Class favorite?
 What type of laws would the class created laws likely be?
Common Law or Statutory Law?

Sources of Statutory law in the U.S. and Pa.

In the U.S. – statutes passed by Congress become part of the
United States Code. U.S.C.

In Pennsylvania, they become part of the Pennsylvania Code

(which is recorded and published as “Purdons”.)
A code is a compilation of published Statutes.
 Group Activity- Create your own Law.
 In small groups, as assigned, brainstorm and create a
“law”.

Guidelines:
*You must have a clear definition of the law
*What is the intent- why is it needed?
*The law should be relevant to High School age
students
*How will the law be enforced
*What are the penalties for violating the law
Make your law!
Dumb Laws Activity
Complete “Dumb Laws and Dumb People”

Be ready to share your answers.

 REVIEW
 Complete Fact Scenarios and Hypotheticals Hand
out to identify parties, actions, and burdens of
proof.

 Hint- will be a similar section on the Unit Test.

 Alternative Dispute Resolution
In the civil system, most issues and disputes between two
parties are resolved well before a Trial ever happens. Trials
are truly a last resort (in a civil case). (Trials are a
constitutional right in a criminal matter).

When two parties formally have “sued” each other, or initiated

litigation, they obviously have an “issue” that could not be
resolved directly between one another, and at least one party
decided to get an attorney involved.

Why? Maybe the issue involved complex legal questions, or

a large amount of money is involved, or one side was
unwilling to compromise.
 Methods for Solving Disputes
Most civil matters resolve well before trial, most commonly
through one of the following:
Define the following terms in your notes, pg. 41-44:
Negotiation

Settlement

Arbitration

Mediation

Review figure 4.1 on pg. 41

 A.D.R.
• Record in your notes, the steps to Mediation an explain.
Pg. 43

• Complete problems 4.1 and 4.2

 The U.S. Constitution
 In the United States, the Constitution is the
Supreme law of the land.
 All laws in existence must be “Constitutional”, in
that they can not contradict the provisions of the
Constitution and our rights obtained therein.
 Whether a law is Constitutional is a decision
reserved for the Supreme Court
Intro to law quiz- Vocab
1. What criminal charge carries a sentence of less than a year.
2. A person accused of a crime or civil wrong is known as?
3. Who represents the state in a criminal action?
4. Crime for which a penalty can be greater than a year?
5. What is the burden of proof in a Criminal Matter?
6. Burden of proof in a civil matter?
7. What is meant by “Limited Government”?
8. What is the study of Law known as?
9. What is meant by “no one is above the law”?
10. In a legal sense, what are “damages”?
 Intro to Law – Unit 1 quiz
1. What two Court systems co-exist in the United States?
2. What Circuit is Pennsylvania in?
3. What other States and Territories are in the same Circuit?
4. What is the study of law and legal philosophy known as?
5. What is a crime punishable for less than one year known as?
6. Who represents the State in a Criminal Action?
7. Who are the parties to a criminal action?
8. What is the burden of proof in a criminal case?
9. Who are the parties to a civil action?
10. What is the burden of proof in a civil case?
11. What must be present for a party to file an appeal?
12. What formal request is filed for the Supreme Court to hear a case
on appeal?
 Introduction to Law- Unit I – Quiz no. 2
1. A jury (often 12 people) present during a trial is known as a ______?
2. In legal terms, money asked for by a plaintiff for injuries is ______?
3. If there is no jury in a case, who acts as the trier of fact?
4. A lawsuit brought on behalf of one or more on behalf of a larger
group, all of which have a common cause of action.
5. What type of system has sides “square off” in a court of law?
6. A criminal accusation that has not yet been proven is? ___________
7. A request made in a law suit that a judge take specific action is ____?
8. Explain Voir Dire?
9. During a trial, when are leading questions permitted?
10. In the Rainmaker, Rudy Baylor is involved in 3 legal matters.
What are they? I.D. by type of case (1 pt. for each correct ans.)
11. What event in the Rainmaker changes the value of the case?
12. What is the caption of the main case in the film?