Transcript teddlem.weebly.com

Legislation
“Ours is a government of
laws, not men.”
– John Adams, 1779, the year he penned the
Massachusetts state constitution
Government of Men

Hitler

Stalin

Pol Pot

Muhammar Kaddafi

Idi Amin

Saddam Hussein

etc.
Free Government v. Tyranny
“In a free government, the legislative branch is
dominant. In a tyranny, the executive always
dominates.”
– Mr. Eddlem
Trial Process

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
Jury selection

Jury pool: Group eligible jurors

Voir dire: Tell the truth – Prosecutors and defense
attorneys ask juror candidates questions

Removal for cause

Peremptory challenge
Bailiff introduces judge, and all stand up. You sit
when the judge sits.
Case is announced
Trial Process, cont'd

Judge gives general instructions to jury

Opening statement: Plaintiff (prosecutor in criminal trials)

Opening statement: Defense

Plaintiff makes case

Plaintiff calls witness, presents evidence

Defense cross-examination

Optional: Defense motion to dismiss case for lack
of evidence
Trial process, cont'd

Defense case




presents evidence

Prosecutor cross-examination

Prosecutor closing statement
Optional: Defense motion to dismiss case for lack of
evidence
Plaintiff closing statement (summary of case, not
evidence)
Defense closing statement (summary of case, not
evidence)
Trial Process, cont'd

Judge instructs jury on law

Jury deliberations

Jury verdict

Sentencing/Judgment or remedy

Appeal

Petition for Certiorari to Supreme Court
U.S. court organization
U.S. Supreme
Court
U.S. Appellate
Courts
U.S. District
Courts
U.S. Appellate
Courts
U.S. District
Courts
Mass. Supreme
Judicial Court
Mass. Court of
Appeals
Mass. Superior
Court
Mass. Court of
Appeals
Mass. Superior
Court
Courts/Trial Process

Precedent

Case law

U.S. District court/Mass. Superior Court


Appellate Court: Only reason for appeal is
improper procedure by district court, everyone
gets a hearing if you appeal
U.S. Supreme Court/Mass Supreme Judicial
Court: Writ of Mandamus
The Legislative Process
1. Citizens get a congressman to introduce a bill
2. Congress moves the bill to committee
3. The committee changes and approves the bill
to the whole House.
4. The whole House of Representatives votes
approval of the bill.
5. Senator introduces bill into Senate
6. Senate moves the bill to committee
The Legislative Process, cont'd
7. Senate approves bill
8. A “Conference Committee” of Senators and
Representatives sorts out differences between
the two bills they passed (if any)
9. Both houses pass the Conference version (if
necessary)
10. President signs or vetoes bill
11. If President vetoes, both houses override veto
by 2/3 vote.
Types of Federal Law
Constitutional – The highest form of law, because of the
Constitution's “supremacy clause” that calls the
Constitution and treaties the “highest law in the land”
Statutes – Laws passed by Congress (found in U.S.
Code); second highest form of law
Regulations – Rules passed by federal agencies,
supposedly based upon statutes, which add more
detail to statutes (usually passed after public
hearings); found in Code of Federal Regulations
Court precedents – Court rulings in individual cases,
found in written court opinions
Exercise

Do “The Unclear Law” exercise on page 21
Chapter 3 – Consumer advocacy




Initiative and Referendum: Putting a question
on the ballot, binding or non-binding (~55,000
signatures needed in Mass.)
Advocacy groups: Interest groups, corporate
groups
McCain-Feingold Law: Bans “express
advocacy” without FEC registration
527 interest groups: Spend as much as you
want with registration
Settling Legal Disputes



Arbitration: Non-binding or binding
Settlement: An agreement on a dispute (Also: a
cash payment for settling a disagreement)
Mediation: Informal arbitration (non-binding)
Lawyers

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Bar Association: Professional association of
lawyers
Disbarred: Lawyers disciplined by the Bar
Association (by removal)
Retainer: An up-front fee to a lawyer from a
client
Contingency fee: Lawyer gets portion of award
client gets
Attorney-Client Privilege: Confidentiality of
conversations between Attorney and client
Other Court vocabulary
adversary system
inquisitional system
trial court
allegations
evidence
voir dire
peremptory challenge
removal for cause
(juror)
dissenting opinion
concurring opinion
opinion of the court
error of law