Embed Size (px)
Citation preview
THE PARALEGAL PROFESSIONAL
PA101
Unit 3 Seminar
Seminar Back-up Plans
LOSE AUDIO ? continue with typed lecture
BOOTED OUT? Try to get back into seminar and if we can’t, we’ll open up a chat room under the CHAT TAB of the classroom
CAN’T GET INTO CLASS EITHER? Don’t worry! If we can’t continue, I’ll post seminar notes in Doc Sharing.
Discussion Board Tips
Make at least 3 substantive posts per week. Answer the main post in depth, and respond to other students in
depth. Build upon another’s response. A substantive response is not just agreeing with or disagreeing
with or simply complimenting another student. Explain why you agree or disagree. Add your take, ask questions, show links you found.
Offer dialogue that relates to the objectives of our course and keep the conversation on track
• Incorporate the course materials• Offer relevant workplace experience • Offer an opposing viewpoint - in a courteous manner• Read every post—it gives you a sense of what issues are
intriguing and helps you prepare responses.• Please read my posts—I often address the whole class in a
response to keep the discussion going.• Take the time to review your posts before submitting. Read, re-
read, and proofread and spell check—this is practice for preparing professional communications.
LATE POLICY
Please make every effort to submit all assignments on time. This is good practice for the professional world. In the legal arena, deadlines are crucial!
If you know you will not be able to meet a deadline, communicate with the instructor as soon as possible requesting an extension.
Don’t give up!! As a last resort, submitting an assignment late is always better than receiving a zero.
Other Administrative Issues
Check for new Announcements each time you enter course.
Review the written assignment grading RUBRIC.
CITE to sources. Avoid PLAGIARISM.
Ask questions! Don’t be afraid to COMMUNICATE with instructor about issues, problems or concerns.
5
Unit 3 Checklist:
1. Seminar (or alternate assignment)2. Discussion Board3. Quiz
SOURCES/HISTORY OF AMERICAN LAW
Where do our laws come from?
Schools of Jurisprudential Thought
1. natural law school2. historical school3. analytical school4. sociological school5. command school6. critical legal studies school7. law and economics school
HISTORY OF AMERICAN LAW
ENGLISH LEGAL SYSTEM1.Law Courts2.Chancery or Equity Courts3.Merchant Courts
HISTORY OF AMERICAN LAW (cont.)
1. Religion/Morals defined criminal conduct2. Colonial Governments3. Articles of Confederation4. U.S. Constitution5. Bill of Rights and Constitutional
Amendments
FEDERALISM
the power to govern is shared by one central or federal government and the 50 state governments
Federal (U.S.) Sources of Law
U.S. Constitution Treaties Federal statutes Federal case law (including Supreme Court cases) Federal administrative rules and regs
Federal laws take priority over state law
State Sources of Law
State Police PowerState constitutionsState statutesState agencies
rules and regsState case law
from state courtsLocal laws and
ordinances from cities, towns, etc.
Supremacy Clause & Priority of Laws in U.S.
1. US Constitution takes precedence over all other law
2. Federal statutes take precedence over federal regulations
3. Federal laws takes precedence over state law where the state law conflicts
4. Similarly, state constitution represents highest authority in the state, state statutes then state regulations.
COMMON LAW SYSTEM – STARE DECISIS
1. Past court decisions become guidance or
precedent for future cases2. Lower courts must follow the precedent
set by higher courts3. Courts of one jurisdiction are not bound
by the precedent of another jurisdiction4. Adherence to stare decisis promotes
uniformity and predictability of our legal system
U.S. CONSTITUTION
◆ Three separate but interrelated branches of government.
◆ Each branch has the ability to influence the other branches.
◆ The primary function of each branch is distinct from the others.
◆ The Constitution provides for enforcement power, continuous government, input by the citizens, approval of constitutional amendments by no less than three-fourths of the state legislatures in addition to two-thirds of the Congress.
3 Branches of Government
1. ARTICLE I - Legislative2. ARTICLE II - Executive3. ARTICLE III - Judicial
CHECKS AND BALANCES
The three branches of our are not independent of one another because the Constitution set up a system of checks and balances to help ensure that no one branch became too powerful. Each branch has powers that it can use to check and balance the operations and power of the other two branches
Delegated vs. Reserved Powers
Delegated powers (enumerated) —those powers set forth in the Constitution assigned to the federal government. (Postage, coining money and national defense)
Reserved powers (10th amendment) —those powers not delegated to the federal government are left to the states
Concurrent powers – (environmental protection)
COMMERCE CLAUSE
Enumerated power listed in the Constitution (Article 1, Section 8, Clause 3)
Congress granted the power to regulate trade with foreign governments, between states and with the Indian nations
Regulating national and international trade
BILL OF RIGHTS
first ten amendments to the US Constitution ratified in 1791 and guarantying certain fundamental rights
For example………1st Amendment: Freedom of Speech, Freedom of Religion, Right to
Assemble2nd Amendment: Right to Bear Arms3rd Amendment: Protection from quartering troops4th Amendment: Protection from unreasonable search & seizure5th Amendment: Due Process, Self Incrimination, Double Jeopardy,
Eminent Domain6th Amendment: Speedy Trial,Etc.
Freedom of Speech
3 categories:
1.Fully protected speech2.Limited speech
3.Unprotected speech
Freedom of Religion
Establishment Clause
Free Exercise Clause
DUE PROCESS
1. No person shall be deprived of Life, liberty or property with out due process of law
2. Applies to the actions of the federal government (5th Amendment) and the state and local governments (14th Amendment)
3. Substantive due process requires that laws enacted by the government be clear on their face and not overly broad
4. Procedural Due Process requires government give notice and hearing to the individual of any legal action taken against her
Equal Protection Clause
Where do we find it?
What is it?
Equal Protection Clause
Famous U.S. Supreme Court cases1896 – Plessy v. Ferguson
-separate railway accomodations in Louisiana dividing blacks and whites were “separate but
equal”
1954 – Brown v. Board of Education-separate but equal is inherently unequal and
violates the equal protection clause
Equal Protection Clause analysis
How the Supreme Court analyzes these types of cases:
Strict scrutiny test Intermediate
scrutiny test Rational basis test
Equal Protection Clause
Strict scrutiny test: laws based on race or national origin are unconstitutional
Intermediate scrutiny test: laws based on age or gender will be examined by Court to determine if the law is “reasonably related” to a legitimate govt purpose
Rational basis test: laws that do not involve a suspect (protected) class will be upheld by Court so long as there is a justifiable reason for the law
Equal Protection Clause
These two cases (Plessy v. Ferguson and Brown v. Board) are a classic demonstration of U.S. Supreme Court overruling itself as society changes
What does that meanfor you as a paralegal?
American Legal System
Fairness of the LawFlexibility of the Law
Sometimes the law changes society Sometimes society changes the laws
