The Legal System Chapter 28 Workforce Essentials

28.1 Objectives Explain the difference between civil and public law Describe the general process by which laws are enforced

Civil and Public Law Not all law deals with crime Law is the body of enforced rules by which people live together If everyone did what they wanted, society could not function The law defines and makes the relationships among individuals and society clear

2 Main Sources of Law in U.S. Common Law – Decisions made by judges where they look at how similar cases in the past were decided Statute Law – Laws made by congress and other bodies of government

2 Main Branches of Law Civil Law – Sometimes called private law – Determines someone’s legal rights in activities that involve other people – EX: renting an apartment, making credit card purchases, signing a job contract – Most civil cases are settled out of court Public Law – Defines the rights of citizens under local, state and federal laws – Criminal law is the most familiar type – EX: all cars must have seat belts, minimum wages

Law Enforcement The police may arrest anyone they see violating the law in any way They also may arrest anyone they believe has committed a crime A warrant is required in some cases – A court order that gives police permission to make a search or arrest

(cont.) After an arrest, a charge is entered into the arrest book and evidence is turned over to attorneys Then an arraignment is held before a judge – A hearing where charges are brought against person For more serious crimes, prosecutor presents evidence to grand jury instead of arraignment – Group of people selected to determine if there should be a trial If grand jury decides to have a trial, an indictment has occurred – Formal statement charging the person with the crime

(cont.) If person pleads guilty, judge gives sentence or sets a future date for sentencing If person pleads not guilty, a trial must be held – You are usually released on bail until trial begins Money paid to release you that guarantees person will show up for trial – Bail not always offered—depends on crime Lawyer is assigned if you cannot afford one Purpose of trial is to determine guilty/innocent Not everyone goes to jail if guilty—may have community service, fines, probation instead

What if you are arrested? Do not resist You guilt or innocence is determined later, so if you resist being arrested, that might add to your charges

28.2 Objectives Describe the 2 parts of the court system Summarize how a court works

3 Main Things Courts Do 1.Decide civil disputes between individuals 2.Determine guilt or innocence of accused people 3.Impose punishments on the guilty

State and Federal Courts Without courts to implement punishments, laws would be meaningless 2 parts of the court system – State Courts Lowest level: city municipal courts; small claims court Middle level: general trial courts (county courts) handle felonies and major civil cases Intermediate Appellate Court: hear appeals from trial courts (if you fight a verdict) State Supreme Court: 5-7 judges sit on a state supreme court – Federal Courts Handle cases that involve constitution, violating federal laws, lawsuits between people in different states Lowest level: U.S. District Courts (both civil and public cases begin here) Middle: Circuit Courts of Appeals: appeals heard by panel of 3 judges Highest: Supreme Court of the U.S: made up of 9 judges (head called Chief Justice)

How a Court Works Typical CIVIL Case: – The Plaintiff files a complaint against the Defendant – Court clerk issues a summons A court order that commands the defendant to appear in court on a certain day – Defendant submits a written report of their side of the story – Judge sets trial date if he/she feels it’s necessary – Attorneys for the plaintiff/defendant present evidence and witnesses to prove their side of the story – jury decides on verdict – Judge will make a judgment Decision in favor of the plaintiff or defendant May be a sum of money or a decree to stop what was being done to harm one another

28.3 Objectives Identify situations that may require legal advice Explain how to do about choosing a lawyer Name the 3 types of legal fees

Deciding if you need a Lawyer Whether you need a lawyer depends on your situation – Being charged with a crime – Buying a house – Starting a business – Suffering from an accident or injury – Buying a faulty product – Being discriminated against in employment – Preparing a will – Declaring bankruptcy – Getting a divorce

(cont.) Small Claims Court – Been around since 1913 – Sometimes called “People’s Court” – Allow you to sue someone without using a lawyer – EX: Judge Judy cases – EX: you worked for 2 days for Ms. Adams and she now refuses to pay you

Choosing a Lawyer Most lawyers handle a variety of legal work Ask around for someone with good reputation The LRS (Lawyer Referral Service) was started to help people get legal help at reasonable cost Pay attention to advertisements—many offer free consultations Look up “legal aid” or “legal assistance” on google

$$ Legal Fees $$ Fees differ for each lawyer May charge a flat fee May charge fee per hour ($100-$350) May charge contingency fee – You only pay if they win your case for you and you pay a % of the total winnings to your lawyer – A common contingency is 1/3 or 30-35%

Chapter Graded Assignments Word Power (pg 437) Worksheets