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| Principal subgroups in the legal profession |
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• Private practice - 74%
• Government service - 12%
• Private employment - 12%
• Judiciary - >2% |
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| Basically a practice jury. Used by lawyers to try and predict how a case will result |
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| agent, advocate, and jurisconsult |
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| Most important function of a trial lawyer |
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| "to see, to tell." the process of jury selection |
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| What percent of cases are given verdicts by juries? |
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| When and Who established trial by jury? |
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| Morgan GlaMorgan A.D. 725 |
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| Scientific Jury Selection |
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1. Random sample drawn from population
2. After that sample is drawn, another random sample is taken from the jury pool to determine demographics, personal and attitudinal characteristics
3. "Scientists" make recommendations for selection of individual jurors |
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| Role of lawyers is conditioned by the following |
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Industrialization
Bureaucratization
Business transactions
Expansion of legal entitlements
Growth of regulation, crime rates, and attitudes |
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| Legal service attorneys concentrated in 5 main areas: |
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| family, consumer, housing, landlord-tenant, and the welfare |
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| Model Rules of Professional Conduct: |
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Client-lawyer relationship
Lawyer as counselor
Lawyer as advocate
Transactions w/ persons other than clients
Law firms and associations
Public service
Information about legal services
Maintaing the integrity of the profession |
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| Status Characteristics Theory |
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| all of us “know” what the power relationships look like in our culture so we use the same criteria in groups of people, in this case juries. Older white men will always be at the top and young black women will always be at the bottom of a social hierarchy. Unless that person has a characteristic that would change their position (the black woman is a retired judge) then that is the way it will be. |
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| The manifest function of law school |
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| make sure that people who are practicing law have a minimum level of competency. Law school is a filtering system that not only filters on education, but also on social characteristics. |
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| The latent function (side effect/unintended effect) of law school |
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| is that it has lead to making practicing law a profession. The good thing is that it allows only the best people to become lawyers but it takes away the free market. Replacibility is limited. You never have a true free market. Since not everyone can go to law school it can not be a free market because the Bar Association controls the number of students that can go to law school so they don’t flood the market. The people already in the profession decide who can and how many people can become lawyers, like them. |
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| LSAT scores do not predict law school success |
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| demonstrates how different cultures interpret things |
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| the type of teaching method used in Law School. The idea of the Socratic Method is that you teach yourself. Based on the ideas of Socrates the philosopher. The teacher teaches you how to connect the things in your head that are already there. You figure out the answers to questions on your own. You are expected to know everything by the time you walk in the door |
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| something else you probably haven’t been exposed to. The idea is that by studying things that have already happened we can generalize legal principles. By studying the Miranda case, you can see that there are things the police know that the citizens don’t and so the Miranda warnings are in place to balance the power between the police and the public. |
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| study of how people learn |
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| it gets you a lot of prestige but people will not like you. Lots of lawyer jokes. |
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| Status hierarchy within the legal profession: |
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Corporate – highest status position (least important)
Personal Law – criminal defendants and lawyers who rep individuals
DA and Public Defender – very bottom of status hierarchy (most important) |
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| Boot Camp, Prison, etc. These are workplaces that are factories except their factory, total institution, work’s on a different raw material. So a total institution is a workplace that has human beings as their raw material and their product is also a human being but different than before. For boot camp, Citizen -> Total Institution -> Soldier. Criminal -> Prison -> Non-Criminal. |
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| Rehab is impossible because prison systems do not allow for mortification. Teaching a criminal how to be a plumber without killing off the “self” is just making a criminal with an extra skill set because they have not gotten rid of the criminal. |
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| "Discipline and Punish” a book he wrote that is really about power. |
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| a prison design that takes traditional prison design and flips it on its head. The prisoner cells are on the edge of the prison and the guard tower is in the middle. The tower in the middle can see every single cell where as in the traditional design the guard tower in the NE corner cant see the SW side of the prison and so they require multiple towers. By putting 1 way glass on the panopticon tower, the prisoners cannot tell when they are being watched so they do not know when they have to behave and when they can do whatever they want. The tower can be effective even when no one is in it because the prisoners do not know if there is no one or 25 people in the tower. So the prisoner will no behave as if there is always someone watching them. The prisoner has now become his or her own guard. The job of monitoring and taking over the prisoners behave has been taken over by the prisoners consciousness. |
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| we have a rational system and therefore any legal decision is “obvious.” There shouldn’t be a surprise about the outcome of a case. This is not the case in the American Criminal Justice system though |
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| says you can obviously see that it is not a simply pure logical system. How can u protect the needs of the many and then give people individual rights? |
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| a monetary payment of one spouse to another because the other spouse is unable to support herself, usually from husband to wife. |
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| studied rape laws. Rape law is placed in the property crimes idea because the woman is supposed to be a mans property. So if a wife is raped, the husband is the victim because someone used his property without his permission. |
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the offenses themselves are actually culturally determined.
• Two Components
o Rape (the act) – society sees rape as something that happens in a dark alley late at night by a stranger and there must be some aspect of struggle and trying to get away.
o Victim/Sex Differences – “women SECRETLY want it” but they cant say they do or else they are labeled as sluts. The differences between the two scripts “no no no no yes” and “no no no no no no.” |
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| recognizing who is responsible |
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| even if you recognize that you have been injured and you know who did it, you must then proceed to go with legal action. The claiming stage actually keeps the most cases out of the legal system |
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| the law of a monarch, a dictator, a few people telling everyone else what to do. The purpose is to solve the problem of social order. (Middle Ages). |
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| refers to the situation of who/what is in control? Law is in control, not the people. The law makers are subordinated to the law. No one is above the law. |
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| law is subordinated to justice. So any law that doesn’t serve the interest of justice is gone. The interest of justice demand that a person gets food to eat. The law that says “I don’t care who you are, you can’t steal bread” goes out the window because justice is above the law. |
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| Role of Juries in Capital Cases |
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| The jury decides guilt first. If they find the person guilty then they must then decide the punishment. They do not have to choose the death penalty. A lot of jurors who sit on capital cases later say that they didn't know they could decide to not give someone the death penalty so they just ruled them not guilty. |
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| Established in 1878. Lawyers must pass this test in order to practice law, the Bar Exam. |
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| content, cultural bias, no such thing as an objective question |
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16k for public
34k for private |
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| social change, salary, stigma |
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| Purpose of Corrective System |
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| Rehab doesn't work. Mortification (see other note card) is the killing of the "self" so that a new self can be made |
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Power
Described how public executions used to rile up the crowd and so they stopped doing them once it got too crazy.
Surveillance is what keeps people in "check," especially in prisons |
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Two kinds
Procedural - violate procedure and the outcome can't be fair
Outcome - guilty are punished and innocent are not regardless of procedure |
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| Opinion that men shouldn't run things. Feminism is the response to patriarchy. Men do run things (13 women CEOs out of all fortune 500 companies). |
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