Lawyers
Warm-Up You and your teacher disagree about your semester grade. You have three options: Try to arrive at an agreement with your teacher Take the issue to Mr. Cook and have him solve it Have another adult (teacher, parent, etc.) try to help you and the teacher reach an agreement Which decision would you make? Why?
Alternative Dispute Resolution Negotiation Arbitration Mediation
Negotiation The disputing parties talk to each other about their problem and try to reach a solution that is acceptable to them. Informal Settlement: Negotiation before case goes to court
Arbitration The disputing parties agree to have another person listen to their arguments and make a decision for them. Less formal than a trial More formal than a negotiation
Mediation A person not involved in the dispute helps the disputing parties talk about their problem and settle their differences. More formal than a negotiation Less formal than Arbitration
The Benefits of Mediation Voluntary Confidential Effective Enforceable If settlement reached and written as legally binding contract Free Through many community mediation programs
The Steps of Mediation Introduction Telling the story Identifying positions and underlying interests Identifying alternative solutions Revising and discussing solutions Reaching an agreement
When do I need a Lawyer? General rule: When you have legal questions or difficulties *Specifically: If you are involved in a criminal or civil case. *Contracts *Estate planning or wills *Organizing a business *Divorce or adoption *buying or selling real estate
Responsibilities Attorney-Client Privilege Lawyers have professional responsibility Lawyers can be sued
Missed Terminology …. …but very important! Errors of Law – mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed. Jurisprudence – the study of law and legal philosophy Statutes – written laws enacted by legislatures
Missed Terminology …. Supremacy Clause: The provision in Article VI of the Constitution stating that U.S. laws and treaties must be followed even if state and local laws disagree with the Constitution and these treaties.
Judicial Review the power to overturn any law which the Court decides is in conflict with the Constitution. (the final say!) Marbury vs. Madison (1803) William Marbury sues James Madison, Secretary of State (wants job promised by former President James Madison) Case directly to Supreme Court (Judiciary Act 1789 & original jurisdiction) Marbury (left) and Madison (right) Justice Marshall delivered the opinion (below)
Judicial Review Courts opinion: Supreme Court only has appellate jurisdiction Marbury’s case is unconstitutional Justice John Marshall: Because they uphold the law, they can also declare a law unconstitutional Gives the Supreme Court great power!