business law 1 chapter 1.1 the foundations of law
TRANSCRIPT
Business Law 1
Chapter 1.1 The Foundations of
Law
Ethics and Morals• In your notes packet, come up with a definition for both Ethics and Morals.
• Guiding words: values, right and wrong, rules
Morality• Values that govern a group’s ideas about right and wrong.
• People use different methods to decide on the right thing to do in any given situation.
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Ethics•The rules used to determine the difference between right and wrong.
Ethics and Morals• Get in small groups of 2 or 3. With
your partner, talk about the following questions...
• 1. What’s the hardest decision you ever had to make?
• 2. Talk about a time when you lied and got busted
• 3. Talk about a time when someone lied and hurt your feelings.
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Ethics Scenarios•Read each scenario and determine the problem and a solution for each situation.
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Decisions• We make decisions everyday in our lives. • Do we always make the right decisions?• Do you ever wish you could change a decision your made?
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Where Does Ethics Come From?
•The Greatest Good•The Golden Rule•Real-World Ethics
The Greatest Good• Examines whether the action
will cause the greatest good for the greatest number of people.
• The more good that results, the more right the action.
• It is used incorrectly when people only think of their benefit, or the benefit of a small group of people.
The Greatest Good Example
• Elaine knows that 10 of her 20 classmates cheated on their last law exam. The teacher mistakenly identifies an innocent student as the only one who cheated. Elaine decides that the greatest good for the greatest number of people would be for her to keep silent and not identify the 10 students. She thus sacrifices the one student for the many.
The Golden Rule• “Do unto others as you would have them do unto you.”• “Treat others the way you want to be treated!”
The Golden Rule• The heart of the golden rule is
empathyoPutting yourself in another person’s position
• A way to test if an action is right or wrong under the golden rule is to ask, “Would I want to be treated this way?”
• If your answer is no, then the action breaks the Golden Rule.
Golden Rule Example• Steve is a star pitcher on
Franklin High School’s varsity baseball team. However, he is having a bad outing against the Vikings best batter. Frustrated, Steve throws two pitches as St. Joseph’s best batter. When the umpire ejects Steve from the game, Franklin’s coach does not argue.
Real-World Ethics• There are more moral rules
than most people know instinctively, without thinking.
• For example, lying is wrong. However, real-world ethics says there are rare times when a person may have to lie.
Real-World Ethics Example
• It might be permissible to lie to save somebody’s life.
• This does not mean what you have done is right.... It means what you have done is less wrong.
• If you lie to save a life, you know that the lie is still wrong, but you also know that it is less wrong than saying something that leads to someone’s death.
Ethical Character Traits
• Honesty• Justice• Compassion• Integrity
Honesty•A character trait of someone who is truthful in dealing with others.
Justice• Treating people fairly and equally.
• This means EVERYONE. Not just relatives and friends.
• A just person will see that everyone gets his or her fair share.
Compassion•Caring about other people and the situation they are in.•Compassionate people understand other people’s mistakes and motivations.
Integrity• A willingness and determination to do the right thing.• People with integrity stand up for their convictions, even when people are against them.
Ethical Vs. Legal Conflicts
• Think of actions that might be considered unethical but not illegal.
• Why would someone do something unethical but avoid doing something illegal?
• There are not legal consequences to an unethical action.
Ethics vs. Law
•What does the law have to do with right and wrong?
Ethics Vs. Law• If people use ethics all the time to guide their behavior, there would be no need for the law.
Ethics Vs. Law• In the real-world, people
sometimes do the wrong thing, even when they know better.
• In order to develop and live both an ethical and a legal lifestyle, you must follow the law and incorporate ethics into your life.
Why is Law Necessary?
• Ethics tells you what you ought to do. However, people do not always do what they are supposed to do, so government creates laws.
Girl, Interrupted • Ashley is has static encephalopathy
(permanent brain damage)• Her mental and motor abilities stopped
developing at three months… no one knows why
• Ashley cannot hold her head up, roll over, hold a toy, walk or talk.
• Ashley’s parents decided to remove her uterus and breast buds and begin hormone treatment to stop her growth… they felt it would be easier to care for her if she was smaller.
Girl, Interrupted• Is what Ashley’s parents did ethical? Unethical?
• Does Ashley have a right to grow up as nature intended?
• Ashley’s father started a blog revealing all this information about Ashley. Does Ashley have a right to privacy?
• What about advancements in medicine? Is it possible that Ashley’s condition could improve?
Law• a system of rules of conduct established by a country’s government to maintain stability and justice according to the values that are relevant to that country.
Where did Law Come from?
• Where Law Comes From: Englando 3:16
• Magistrates- Traveling Judgeso Handle disputes among partieso Started writing down information about the case
and outcome so they could relate it to future situations which also allowed the system to stay fair and keep order.
o Past cases became known as precedent (what a court follows in making future decisions)
The Bad Samaritan• Jeremy Strohmeyer rapes and kills a 7 year
old girl (Sherrice Iverson) in the bathroom of a Casino.
• David Cash, a friend of Jeremy, knows of the crime being committed but does nothing about it.
• Jeremy kills Sherrice and they leave the casino
• Jeremy goes on trial for murder• David Cash stated that He feels more sorry
for Jeremy than for Sherrice because, after all, he had lost his best friend, and he did not know the girl or her family.
• David Cash is not convicted of anything
Bystander Laws?• Can they make laws to
punish bystanders?• Is that constitutional?• Unconstitutional?• Should there be a
punishment for a bystander?
The Bad Samaritan• Crime happened in 1997• From this incident a law named
“Sherrice’s Law” was developed.• Prior to 2000, you could not be
charged for being a by standard.• As of 2000, it is a crime to
witness the sexual assault of a minor without notifying police.
Bad Samaritan Outcome
• Bad Samaritan David Cash Interview
• Bad Samaritan Part 2
5 Sources Of Law• Constitutional Law• Common Law• Court Decisions• Administrative• Statutory/ Civil
Constitutional Law•A country’s formal document that spells out the principles by which its government operates.
Constitution •A broad, basic foundation for the laws of the country.• In our country, the most basic law is the United States Constitution.
Component to Constitution
•The constitution is broken down into Articles.•Article I, II, and III explain the powers of the three branches of government.
Article I: Legislative Branch
• Headed by congress: House of Representatives and the Senate• Main task is to make laws• Its powers include:oPassing lawsoLays out duties and
requirements for serving in the federal government
Article II: Executive Branch
•Headed by the president, state department, and department of defense•Responsibility:oEnsuring laws passed by congress are upheld and followed
Article III: Judicial Branch
• Headed by the Supreme Court• Its powers include:o Interpreting laws passed by
congressoAdjudicating criminal cases in
federal matters and disputes between parties
Article IV• Requires each State to give full faith and credit to the laws of all other states.• This means that each state must accept the laws of all the other states.
Article V• Tells how laws may be added to the constitution-oBy Creating Amendments
• Process:oThe amendment has to receive
a 2/3 majority in the House and Senate and then get ratified by 3/4 of the states.
Article VI• Contains the Supremacy Clause• This clause states that the U.S. Constitution and the laws of the United States are the highest laws in the country.
Article VII•Explains how to Approve the Constitution.•This took place is 1787.
U.S. Constitution• Has 27 Amendments • First 10 were approved in 1791, they are called The Bill Of Rights• The Bill Of Rights limit powers of the government • Basic goal is to protect our individual rights and freedoms
1st Amendment• Freedom of speech, religion, assembly, and freedom of the press.• What this means is that no law may be passed by Congress, or any state, that would limit these individual rights and freedoms.
Amendments #2-5• #2- The right to bear arms
• #3- Quartering of Troops- Soldiers cant be kept in homes
• #4- Protects against unreasonable search and seizure
• #5- Rights of the criminally accused (indictment by grand jury, no double jeopardy, no self incrimination, due process of the law, eminent domain)
Amendment #6-10• #6- Rights to a speedy trial (speedy trial, impartial
jury, informed of charges, right to an attorney)
• #7- Rights to a jury trial
• #8- No excessive bail, no cruel and unusual punishment
• #9- Rights not enumerated (other rights not listed here)
• #10- Powers Reserved for the States
Important Amendments
• 13th - Abolished Slavery in the United States• 19th – Gave women the right to vote• 26th – Lowered the voting age to 18 years old.
Bill Of Rights Activity•Read each scenario and determine which Bill Of Right is being exercised in each case.
Common Law•A set of laws made by the courts, based on the customs and traditions of the people•Oldest form of law
Common Law• Judge- Made Laws• It is law that has been developed by the judges of both England and the United States.
Precedent• The decision of the court
• A judge will use prior cases in deciding of current/future cases even though different people are involved.
Stare Decisis• Process of relying on past court cases.• Judicial decisions stand as precedents for cases arising in the future.•Means: Let the decision stand
Court Decisions•Laws made by the courts through: common law tradition, interpreting statues, and judicial review.
Statue/ Civil Law• Civil law is based on statutes• Law passed by a government
body (legislators) that has been made for the purpose of creating laws.
• This law may order people to do something.
• Ex: Paying taxes; wear a seatbelt• It may also order people to NOT
do something• Ex. Don’t kill- Murder
Statute Law• OrdinanceoLaws created by local
governments such as cities and towns.
oExamples: •Parking Fines• License needed to conduct certain businesses or do construction to homes
Administrative Law• Body of law that governs the administration and regulation of government agencies (both federal and state). • Encompasses the procedures
under which these agencies operate as well as external constraints upon them. .
Administrative Agencies
• They affect a wide variety of social issues, such as telecommunications, the financial market and racial discrimination.
• Examples of these agencies include the Department of Labor (DOL), the Federal Communications Commission (FCC) and the Securities Exchange Commission (SEC).
Examples of Administrative Law
• Minimum Wage in Illinoiso $8.25 per hour for those 18 and oldo Under 18 may be paid $7.75
• FCC (Federal Communications Commission)o It is a violation of federal law to air
obscene programming at any time. It is also a violation of federal law to air indecent programming or profane language during certain hours.
Section 1.2
The Court System and The Trial
Procedure
A Dual Court System• The United States has 2 major court systemsoFederaloState
FEDERAL COURT SYSTEM
Federal Court System•Arranged into 3 tiersoDistrict Court (tier 1)oCourts Of Appeals (tier 2)oU.S. Supreme Court (tier 3)
3 Tiers
U.S. District Court
U.S. Court Of
Appeals
U.S. Supreme
Court
Federal Vs. State Courts
• As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people.
• To combat this fear, the framers set up a federal court system that can only hear cases in special circumstances.
• Jurisdiction- a court’s power to hear a case and to make a judgment.
• The only cases heard in a federal court are those that raise a “federal question” and those that involve “diversity of citizenship.” (lawsuit involving people from different states).
Federal Court Case Examples
• Federal courts have jurisdictions over certain types of cases such as:
• Cases in which the United States is a party• Cases involving violations of the U.S.
Constitution or federal laws• Cases between citizens of different states if
the amount in controversy exceeds $75,000• Bankruptcy, Copyright, Patent, and
Maritime (sea) law cases.• Bank Robbery in which the FDIC insures the
bank• Bringing illegal drugs into country or across
state line• Crimes committed on federal property:
national parks or military reservations.
Tier 1: District Courts• Trial Courts. Each state has at
least one.• Trials are either Criminal or Civil
• District Courts have original jurisdictionoA court has the power to hear a
case for the first time.oMost federal cases begin in one of
the U.S. District Courts
Tier 1: District Courts• People who win their civil case are usually awarded money to compensate for their damage• People who lose their criminal case usually go to prison.
Tier 2: Court Of Appeals
• Appellate courts of the federal system.• An appeal is a request to a higher court to reverse a lower court’s decision.• Appellate Court
oA court that hears appeals and reviews cases from the lower courts.
Tier 2: Court Of Appeals
•Considered an intermediate Court (2nd tier)oOne that is in-between the lower courts (U.S. District Court) and the higher court (Supreme Court)
Tier 2: Court Of Appeals
• During an appeal court case, the defendant is not happy with the previous ruling.
• Defendant risks judgment• There is no jury, there is a panel of 3
judges• The panel will look at the info. from
the Criminal/Civil trial and see if there are any errors.
• Majority vote of 2 is needed.• The ruling in an appeal court case is
final.
Tier 3: U.S. Supreme Court
• Highest Court in the Country•Main job is to hear appeals• They decide which appeal case they will hear• 4 of the 9 justices must agree
Tier 3: U.S. Supreme Court
• Consists of the chief justice of the United States and eight associate judges. (Nine total)• President chooses the justices with the consent of the senate.• Serve for Life- until they retire.
Special U.S. Federal Courts
• U.S. Claims Court• U.S. Court of International Trade• U.S. Tax Court• Territorial Courts• Court of Military Appeals• These courts have jurisdiction in
certain kinds of cases. These cases include lawsuits that are brought by citizens against the federal government.
Judicial Circuits•The United States is divided into 13 judicial circuits.•Each circuit has several districts courts and one court of appeals.
Judicial Circuits
STATE COURT SYSTEM
State Court System• Since the federal courts can only
hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts.
• Each State has the following types of courts:o Local Trial Courtso General Trial Courtso Juvenile Courtso Intermediate Appellate Courtso State Supreme Courts
Local Trial Courts• Courts of limited jurisdictionoCourt handles minor matters
• Example Cases:oDisputes over small amounts of
money which can be heard in small claims court.
oMinor cases are also heard by: Traffic, Police, or mayor’s courts.
General Trial Courts• A.K.A. A court of General Jurisdiction
•Handles criminal and civil cases
General Trial Courts• A crime that is a violation of state law. Most
criminal activity falls in this category, such as robbery, assault, murder, and many drug related crimes.
• A controversy arising out of the state constitution or other state laws.
• A case in which the state is a party, such as state tax violations.
• Most real estate cases, malpractice, personal injury cases, and contract disputes.
• All family, divorce, custody, inheritance, and probate (will) cases.
Juvenile Courts• Deal with juvenile offenders and with
children who need the protection of the state.
• They deal with children up to the age of 18.
• Juvenile courts have special jurisdiction over delinquent, unruly, abused, and neglected children.
Juvenile Courts• Juvenile matters are sealed... They
are NOT open to the general public.• This protects privacy of the minor.• Hearings are usually more informal• Young people who appear have no
right to a trial by a jury and no right to be released on bail.
• However, the supreme court has held that there must be proof beyond a reasonable doubt to convict a child as an adult.
Intermediate Appellate Court
• Hears appeals• Occurs when the parties
believe they did not have a fair trial in the lower court.
• They may also appeal to the state appellate courts if the judge did not interpret the law correctly.
State Supreme Court• Highest court in most states
• Decides matters of law appealed from lower courts.
• Supreme Courts do not hold a second trial.
Courts and their Jurisdictions• Original Jurisdiction
o Hear a case first
• Appellate Jurisdictiono Hear an appeal from a lower
court
• Limited Jurisdictiono Court handles minor matterso Traffic, parking... Tickets
• General Jurisdictiono Handle criminal and civil cases
• Special Jurisdictiono Deal with children under 18 yrs
old
• Exclusive Jurisdictiono Lawsuits brought by citizens
against federal government
• District Courts
• Court Of Appeals
• Local Trial Courts
• General Trial Courts
• Juvenile Courts
• Special U.S. Courts
Juvenile Courts• Juvenile Court is designed to deal
with those under the age of 18 who may need protection or other social services, or those who pose a threat to themselves or others.
• The procedures are meant to solve problems in an informal setting where rehabilitation is the goal.
Juvenile Court• The goal of the juvenile court is
to help juveniles develop into law-abiding adults.
• Sometimes this means dealing with the juvenile’s criminal behavior, other times it means protecting the juvenile from unhealthy environments.
Juvenile Courts• Juvenile Court does not refer to the place a court
proceeding takes place. Instead it is a set of rules that are used when the court system is dealing with children:o Children who break the lawo Children who are neglected or abusedo Adoptionso Termination of parental rightso Appointments of guardianso Marriage consent for girls between
ages 16 and 18
Juvenile Courts• Different terms are used when dealing with juveniles as
compared to adults. The following is a comparison of the terms:
• ADULT JUVENILE• Crime Delinquent Act• Arrest Custody• Charge Petition• Guilty plea Admission• Not guilty plea Denial• Trial Hearing• Verdict of guilty Delinquent• Verdict of not guilty Not delinquent• Sentence Disposition
Substantive Vs. Procedural Law
•Substantive- Tells us what the law is•Procedural- Tells us how the law workso2 major divisions are criminal and civil procedures
2 Types of Procedural Law
• Criminal: Enacted to protect the public from harm.
• Civil: enacted to govern the relationships between two individual parties, and does not normally involve the government.
Criminal Vs. Civil Scenarios
• Read each scenario and determine whether the case is a criminal or civil crime.• Underline the part of the statement that lead you to that conclusion.
Court/Case Scenarios• Read each scenario and determine whether the case is one of the following:oFederal CriminaloFederal CiviloState CriminaloState Civil
Civil Trial Procedure
AdvantagesDisadvantag
es• the courts
have had a chance to develop rules that make the process as fair as possible.
o Costly- you need an attorney to investigate your case
o You are not guaranteed or provided an attorney. You must find your own.
o Many people choose to represent themself in civil cases.
Injured person files a complaint with the courtAnother name for bringing a civil lawsuit is litigation.
Reason for Civil Litigations
• If someone is hit by a car and dies, the victim’s family may sue the driver car for wrongful death.
• The family may get money to compensate for pain of losing their loved one.
• Survival statutes are written to ensure that when a plaintiff dies, a representative for the deceased can continue the case, or bring a new case on the deceased’s behalf.
Statutes of Limitation• Statutes of limitation are passed to provide
time limits for when a plaintiff may sue a defendant.
• Example: The statue of limitation for brining a wrongful death claim may be three years.
• This means that the family of the victim has three years to begin a suit against the driver for their loss.
• There are different time limits for each separate claim.
Alternative Dispute Resolution (ADR)
•Occurs when parties try to resolve disagreements outside of the usual court system.•Cuts cost- saves time.
ADR Techniques•Mediation•Arbitration•Conciliation•Negotiation
Mediation• Occurs when parties to a dispute invite a
mediator to help them solve a problem.• Can be done voluntary or requested by the
court• A mediator tries to persuade the parties to
compromise.• Advantage: Final decision remains in the
hands of the two parties.• Disadvantage: if carried out too quickly,
mediation can highlight the disagreement between the parties rather than the points of the agreement.
Arbitration• A dispute is settled by a third party
person.• The person hired to settle case is the
arbitrator• Advantage: Often results in a fair
solution because the decision is in the hands of an independent, objective third party.
• Disadvantage: the final decision does not remain in the hands of the people who have a dispute.
Conciliation• Similar to mediation and arbitration.• In conciliation, the intermediary, who is
generally referred to as the conciliator, does not bring parties together for a face to face meeting.
• The conciliator shuffles back and forth between parties seeking a consensus.
• Advantage: Parties are kept apart from one another. Reduces angry confrontation.
• Disadvantage: Takes more time because the conciliator must meet separately with everyone involved.
Negotiation• Each party appoints a spokesperson to
represent him or her in the reconciliation process.
• The negotiators then meet to hammer out an agreement.
• Negotiation is one step closer to litigation, which involves an actual law suit.
• Advantage: it permits the parties to determine the relative merits of their arguments without going to court.
• Disadvantage: negotiation simply leads to litigation thus adding an extra step to an already long process.
Judge Judy…Real?• 1. The cases are real -- but the proceeding
is an arbitration.o Judge Judy is an actual judge but on the show she acts more as
a third party person, deciding the outcome to the case.
• 2. The people are real- but they don’t have to payo Maximum award is $5,000o Both parties come out at winners though because the show
pays for their airfare, hotel, and arbitration award.o Ends up being a free trip to Los Angeles.
• 3. Rulings are usually final--- some cases have been overturned.o Appearing on a TV judge show like "Judge Judy" involves
signing off on a lot of legal fine-print.
Civil Case Procedure• Civil litigation begins with
pleadingso Formal papers filed with the court by the
plaintiff and defendant.o 2 kinds- complaint and answero Plaintiff- person bringing the law suit• Files a complaint (type of pleading)
o Complaint is filed with the Clerk of the court
Civil Case Procedure• Clerk of the court issues a summons• Process server issues summons
o You've Been Served!o Summons can be handed to defendant, handing to family
member 13 yrs old and over, or mailed to residence.
• Defendant- person who the lawsuit is against.o Defendant and their lawyer files an answer (type of
pleading)o Answer is filed with the clerk of the courto Clerk of court is the middle man!o Plaintiff may respond with a reply
Methods of Discovery• Used to bring facts out
before trial. They include:o Depositions- document describing what
happened (police report)o Interrogations (questioning) o Requests for documents and other
evidenceo Physical and mental examinationso Requests for admission- (warrant)
Going to Trial• If a case cannot settled at that point, the court clerks places the case on the calendar, or court docket, for trial.
Pretrial Hearing• Informal meeting before judge•Occurs before a trial takes place• Sometimes cases are settled here
Civil Case procedures• The parties must decide whether they want a court trial or a jury trial.•Court TrialoNo jury- the judge makes all the decision.
Civil Case procedures• Jury Trial
o 1. Jury members must be choseno 2. Trial moves to opening statementso 3. The evidence is introducedo 4. When there is no more evidence to
show, the closing arguments begin.o 5. The judge gives the jury its instructions.o 6. Jury then decides the case and bring a
verdict.o 7. Verdict is followed by a judgment
1. Selecting the jury(both civil and criminal
process)• Judge calls the court to order• Judge has a jury drawn from a group of people who have been called to serve.• Selected people fill out a survey
1. Selecting the Jury• They are then sworn in and asked questions under oath.oPeople at this point may be
dismissed based on their answers (bias)• Example: If a case is about a car accident, and you have been in a car accident before, you may be dismissed due to bias.
• Jury Selection Process
1. Selecting the Jury• You can possibly be dismissed before questioning if you are not needed.• The lawyers consider the juror’s background, education, experience, relationships, attitudes, and employment.
1. Selecting The Jury• 2 Challenges Exist which allow lawyers to dismiss potential jurors for various reasons.oPeremptory ChallengeoChallenge for a Cause
Peremptory Challenge• Each lawyer is given a set # of
jurors they can dismiss in which they don’t have to explain why they are dismissing them.
• Usually the amount a lawyer can dismiss is the amount of jurors being selected.o Example if 14 jurors are being selected,
they can dismiss 14 people.
Challenge For A Cause• Jurors can be removed due to bias from questions answered during questioning.• Limitless- no set amount that can be dismissed
1. Jury Selection• Jury selection can take days… even weeks!• The jury must determine the facts of the case.• The jury applies the law to those facts.
2. Arguments and Evidence
• After jury members are chosen, lawyers make opening statement
• Opening statement explain what the lawyers intend to prove.
• The plaintiff’s lawyer goes first (people who filed the suit)
• Defendants lawyer is next.• Plaintiff’s Evidence is presented,
witnesses testify.o Expert witnesses will give their expertise and opinions on
evidence presented.
2. Arguments and Evidence
• Defense lawyer has a chance to cross examine the plaintiff's witness.o This tests the truth of a witnesses statemento It may also bring out new evidence
• The defendant presents their evidence
• The plaintiff can then cross-examine.• When both lawyers are done, they
rest their case.
2. Arguments and Evidence
• Plaintiff gives a closing argument
• Defense lawyer gives their closing argument
• Each lawyer gives summary of the evidence that was presented and suggests reasons why the judge or jury should rule in their client’s favor.
3. Instruction to the Jury
• Juries are composed of ordinary people who are usually not experts in law.
• Judge explains the law to the jury
• This is a process called jury instruction
• Lawyers from both sides may suggest instruction
4. Verdict and Judgment
• Jury members go to the jury room to talk about the case (deliberation)
• After discussing the case, the jury will decide who has won the suit.
• The decision is called the verdict• In a civil case, the jury finds “in
favor of” one party over another.• The number of people on a jury
that have to agree on a verdict varies from state to state.
4. Verdict and Judgment
• Following the jury’s verdict, the court issues a judgment• The judgment reveals who is at fault for what and determines the liability for the case
5. Remedies• 2 types offered when a
plaintiff has “won” a case.o1st type is payment of moneyo2nd type requires some other action by the defendant.
o Keep a promise in a contract called specific performance
o Defendant must stop doing something- plaintiff seeks an injunction
6. Execution of Judgment
• Judgment of court must be carried out.
• Judgment is enforced when the judge issues an execution order.o Judge may order the sheriff to take some
of the property that belongs to the losing party.
o The sheriff would then sell the property at an auction.
o The sheriff uses the money made at the auction to pay the winning party
Criminal Trial Procedure
• Arresto Occurs when a person is legally deprived of his or her
freedom
• Cases often start when the defendant is arrested.
• Defendants have rights to due process of law, or fair treatment
• Law requires a court hearing right awayo Protects a defendants rightso Trial is planned for later so both lawyers have time to
prepare their case.
Rights of the Defendant
• People must be informed of their constitutional rights when they are arrested.o Miranda v. Arizonao They are called your “Miranda Rights”o Tells people what crime they are being arrested foro Must tell people they have the right to a lawyero If a defendant cannot afford a lawyer, the court must
appoint one at no costo Must tell people they are arresting that they have the
right to remain silent, and anything they do or say can be used against them in court.
o Miranda Rights
Rights Of A Defendant• A police officer may arrest
someone at anytime if they have a warrant.
• A police officer may arrest someone without a warrant if they believe or the person has committed a crime or is committing a crime in the officers presence.
Bail• Money or other property that is left with the court to assure that a person who has been arrested, but released, will return to trial.• A judge determines bail.
Search and Seizure• An officer may search a person, car, house,
or other building only if permission is given or if the officer has a search warrant.
• Search may only be in the area mentioned in warrant.
• An officer can do a limited search or frisk if they believe a person has a weapon.
• When search is over, person is either released or arrested.
• Person who has been arrested can be searched without a warrant.
The Arraignment• Suspect is brought before the court
as soon as possible after arrest.• Defendant is informed of the
complaint• Judge may find a reason to dismiss
the complaint.• Judge may also determine that there
is probable cause, and a crime has been committed.o Reasonable basis for believing that a
crime may have been committed
Grand Jury• Jury made up of citizens who must decide
whether there is enough evidence to justify accusing a person of a crime.
• Conduct hearing in private to determine if someone must stand trial.
• If the grand jury decides a crime has been committed, they issue an indictment o Written accusation charging the individual
• This does not mean the person is guilty, it means there is a possibility the jury thinks the person may be guilty.
Arraignment• A formal hearing during which the
defendant is read the indictment or information and is asked to plead guilty or not guilty.
• Accused is informed of their rights• If person pleads guilty, the judge
may impose a sentence.• If the person pleads not guilty, the
case goes to trial.
Arraignment• A defendant may plea guilty pursuant to a plea agreement.oAgreement between government
and defendantoGovernment may offer to change
the charges to a crime with a lesser sentence if the defendant will plea guilty without a trial.
oFlorida ArraignmentoAriel Castro Arraignment
The Trial• Jury Trial
o Jury Members must be selected.
• Bench Trialo Judge makes decisionoRarely happens in criminal cases.
• Same procedure as civil caseoOpening statements are madeoEvidence is presented o Lawyers give their closing
statementso Judge give instruction to jury
The Trial• Verdict must be unanimous in a
criminal trial• When a jury cannot unanimously
agree, it is called a hung jury and a mistrial is called.
• A new trial can be held at the option of the prosecution.
• If the verdict is not guilty, the defendant is released.
• If the defendant is guilty, the judge imposes a sentence in the form of a: fine, imprisonment, or both.
The Trial • If the defendant is guilty it means
that beyond all reasonable doubt, the defendant is the one who committed the crime.
• There is also an element of intent which means the defendant intended to break the law.
• A person found not guilty cannot be tried for the same crime twice. This is the principle of double jeopardy.... Defined in the 5th amendment to the constitution.
Sentencing• Judge decides punishmentoFinesoImprisonmentoDeath Penalty
Fines•Payment of money as a penalty for committing a crime.
Imprisonment• Each state is different.• Indefinite sentence is where a judge
will identify a minimum or maximum amount of time a person will be in prison for... Example: 5 or 10 years
• Some states will say an exact amount of time.
• Some states have a certain amount of time for certain crimes.
Death Penalty• A jury, not a judge will decide
if a person deserves the death penalty• Supreme court rules that
defendants under the age of 18 and those who are mentally incompetent cannot be sentenced to death.
3 Steps in a Juvenile Court
• 1. Detention Hearingo Judge determines if accused should stay in custody or
can be releasedo Minors background and home life is investigated
• 2. Adjudicatory Hearing (ad·ju·di·ca·to·ry)o Occurs if the accused is not releasedo Informal hearing where judge may question the
accuses, parents of the accused, witnesses, or seek advice from a probation officer.
• 3. Disposition Hearingo Judge determines outcome of case
Disposition Hearings• Judge will then determine outcome of case.oreturn home on probation oplaced in an agency or foster
home. oattend a training or reform
school.opay damages with money,
work, or both
Runaway Jury• How does Easter know Marlee?
• Nick and Marlee are high school girl friend/boy friends. Nick is really Jeff Kerr, a talented former law student drop-out, and Marlee's real name is Gabby Brandt. Gabby's younger sister, Margaret, died in a school shooting -- along with eight others. Nick had tried to save her but she just "froze" in front of the lone gunman. Their home town of Gardner sued the gun manufacturer and Fitch helped to win the case for the defense, bankrupting the town of Gardner. Doyle concludes that Nick and Marlee's intent is a set-up to bring down Finch.
• 2. How does he convince the judge to require him to serve on the jury?
• Nick pretends that he doesn't want to be on jury duty -- tricking the judge into thinking he needs to perform his civic duty. Nick repeatedly looks at a photo of Marlee's dead sister in an antique locket but the judge thinks he is looking at his pocket watch. Then Nick goes into a long rant about participating in a Madden Challenge, the NFL video game for prize money ($100,000) and that is more important to him than serving on the jury. This infuriated the judge so he wants this juror.
• What is the greatest ethical dilemma Wendell Rohr faces in this trial?
• Wendell Rohr faces the dilemma of buying the jury's vote for millions of dollars, i.e., jury tampering, or fighting the case, honestly, to the end no matter what the outcome is. He wants to win badly.
• What is Rankin Fitch’s role in the movie?
• Rankin Finch is hired by big corporations to help them win lawsuits. Finch is the best jury-fixer there is. For a substantial fee, he carefully investigates and chooses the perfect jury, and arranges whatever needs to be done to make sure the verdict comes out his way. And he is paid BIG bucks to do it.