1. Lawyers

2. 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?

3. Alternative Dispute Resolution
Negotiation
Arbitration
Mediation

4. 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

5. 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

6. 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

7. The Benefits of Mediation
Voluntary
Confidential
Effective
Enforceable
If settlement reached and written as legally binding contract
Free
Through many community mediation programs

8. The Steps of Mediation Introduction Telling the story
Identifying positions and underlying interests
Identifying alternative solutions
Revising and discussing solutions
Reaching an agreement

9. 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

10. Responsibilities Attorney-Client Privilege
Lawyers have professional responsibility
Lawyers can be sued

11. 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

12. 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.

13. 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)

14. 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!