ETHICS

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UNIT 1 ETHICS AND THE COURT SYSTEM To see what
is right and not to do it is want of courage.
Confucius 551BC - 479BC, Chinese philosopher,
The Analects, Book II, Chapter XXIV
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FOUR ETHICAL CHARACTER TRAITS
HONESTY-- ability to be open and truthful in
dealing with other people.
FAIRNESS --ability to treat people fairly
and equally.
COMPASSION -- ability to be sympathetic and
help others with problems.
INTEGRITY -- ability to do what is right,
regardless of personal consequences.
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Ethics tell us what we should do but people dont
always do what they should do

LAWS provide a standard
of behavior
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LAW
System of rules of conduct established by the
government of a society to maintain stability and
justice.
SIMPLE PUT Type of plan for controlling the
conduct of people
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FOUR FUNCTIONS OF LAW
1. Settling disputes
2. Establishing and maintaining order
3. Protecting the individual and their property
4. Promoting the general welfare
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COST OF LAW

• Freedom
• 2. Money

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SOURCES OF AMERICAN LAW
1. ENGLISH COMMON LAW practice of deciding cases
on precedence.
2. ROMAN CIVIL LAW This is the lawno
exceptions
DOCTRINE OF STARE DECISIS LATIN FOR let
the decision stand (also known as doctrine of
precedent or precedence)

• ECCLESIASTICAL LAW Church Law
• Very powerful

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PRESENT SOURCES OF TODAYS LAWS
What is the highest law in the land? THE
CONSTITUTION (1789)

• DEFINES LIMITS WITHIN WHICH THE FEDERAL
• AND STATE GOVERNMENTS CAN PASS LAWS
• 2. NO LAW CAN CONFLICT WITH THE U. S.
  CONSTITUTION
• IF A LAW CONFLICTS WITH THE U.S. CONSTITUTION, IT
  CAN BE DECLARED UNCONSTITUTIONAL

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SOURCES OF AMERICAN LAW (CONT)
1. FEDERAL AND STATE CONSTITUTIONS limits of
both defined by U.S. Constitution.
2. STATUTES (aka codified law) Law created for
specific purpose enacted by legislative body
ex seatbelts
3. COURT DECISIONS (aka case law) Based on
judicial decision and precedent rather than
statutes COURT RESPONSIBILITY a.
Follow precedent b. Enforce
StatutesFed. Law enacted by Congress

State law enacted by State Legislature
c. Provide Judicial Review to
determine if law violates constitution thus
declaring it unconstitutional.
4. ADMINISTRATIVE LAW rules and procedures
established by regulatory agencies (ex energy,
environment, intl trade, taxation, immigration)
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SOURCES OF BUSINESS LAW LAW MERCHANT trading
standards used by merchants U.C.C. Uniform
Commercial Code Defined as Laws adopted by all
the states to ensure uniformity and fair dealing
in business and commercial transactions. In
other words, when business is done between
states. Examples movement of goods from one
state to another, transfer of funds between
banks.
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• U.S CONSTITUTION
• Supreme law in the land
• 7 ARTICLES
• 27 AMENDMENTS
• FIRST 10 AMENDENTS BILL OF RIGHTS
• Protect citizens from State
• WHO IS THE STATE?
• U.S CONSTITUTION IS THE MOST FUNDAMENTAL LAW IN
  OUR COUNTRY
• SPELLS OUT THE PRINCIPLES BY WHICH THE GOVERNMENT
  OPERATES

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FIRST AMENDMENT This amendment guarantees the
right of freedom of religion, freedom of speech,
freedom of press, freedom for people to assemble
peaceably, and freedom for people to petition
the government for change.
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FLAG PROTECTION ACT (FPA) OF 1989 The FPA
provided penalties of up to one year in jail and
a 1,000 fine for anyone who knowingly
mutilates, physically defiles, burns, maintains
on the floor or ground, or tramples upon any flag
of the United States with flag defined as any
flag of the United States DOES THIS LAW
INFRINGE ON YOUR 1ST AMENDMENT RIGHTS FREEDOM OF
SPEECH? Click on the link below Flag Protection
Act - Wikipedia, the free encyclopedia U.S. vs
Eichman (1990) Does this act infringe on lst
amendment constitutional rights of freedom of
speech? If so, how?
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FIRST AMENDMENT
FREEDOM OF SPEECH Three tests to determine if
there is infringement on freedom of speech. The
law

1. must allow substantial other guarantees for
   speech to take place.

2. must be context neutral
Protests at a soldier's funeral how did the
high court rule?
3. must narrowly serve a
significant state interest
June 2009 - Supreme Court rules protests at
troops' funerals can continue Fall, 2010
Snyder v. Phelps case to be heard by Supreme Court
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FIRST AMENDMENT FREEDOM OF RELIGION
ESTABLISHMENT CLAUSECongress shall make no laws
respecting the establishment of religion.

1. LAWS MUST HAVE A SECULAR (not
   religious) PURPOSE.

2. NEITHER ADVANCES OR INHIBITS RELIGION.
NO EXCESSIVE ENTANGLEMENT BETWEEN CHURCH AND
STATE. Which means Congress must maintain
constitutional neutrality in government/religion
matters. Click on link below and read Lemon
v. Kurtzman - Wikipedia, the free encyclopedia
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CONSTITUTIONAL CLAUSE
COMMERCE CLAUSE (Article I) states that Congress
has the power to regulate commerce with foreign
nations, among the states, and with the Native
American tribes.
14th Amendment --PRIVILEGES AND IMMUNITIES CLAUSE
protects a person's rights as a citizen of the
United States from unreasonable State Action or
interference (i.e. 1873 Slaughter-House Case -
The case involved a Louisiana state law that gave
one meat company the exclusive right to slaughter
livestock in New Orleans. Other packing companies
were required to pay a fee for using the
slaughterhouses. These companies filed suit,
claiming that the law violated the Privileges and
Immunities Clause of the Fourteenth Amendment and
won.
EQUAL PROTECTION CLAUSE The 14th Amendment,
ratified in 1868, became part of the U.S.
Constitution in the wake of the Civil War, with
the direct purpose of protecting the legal rights
of African Americans recently emancipated from
slavery. The equal protection clause, however,
has been applied by the courts to protect the
rights of all individuals under the authority of
the Constitution. (Brown vs. Board of Education
1964 case)
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CONSTITUTIONAL TESTS when reviewing cases
involving equal protection issues
STRICT SCRUTINY must show compelling state
interest ex race Roe vs. Wade 1973
INTERMEDIATE SCRUTINY substantially related to
an important government objective ex sex,
gender Craig vs. Boren 1976
RATIONALLY RELATED legitimate state
interest ex hair length, tattoos, practicing
w/o license Can a public high school ban a
certain brand of clothing because they think it
is gang related?
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A DUAL COURT SYSTEM
Two parts of U.S. system of justice 1. State
Court system deals with local and state matters
and violation of state laws. 2. Federal Court
deals with federal matters and diversity of
citizenship. Diversity of citizenship to sue
in federal court, one of the criteria is the
citizens involved in the suit must be from two
different states or one from another country and
money amounts of 75,000 or more.
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JURISDICTION
Power and authority given a court to hear a case
and make a judgment.

1. Subject Matter--type of case (not waivable)

2. Territorial - geographical area court serves

• Personal Jurisdiction
• a. Based on physical presence in the
  state
• b. Presence of property within the state
• c. Consent crossing state lines/accept rules
• d. Minimum contacts ex company branch,
  phone call w/o physical presence

4. Venue--Best place for a trial to take
place 2009 trial of Johannes Mehserlae Oakland
transit officer, moved from Oakland to Los
Angeles for fear of racial charged riotswhite
officer kills black unarmed man following transit
fight. 2010 Johannes Mehserlae claims he
reached for his taser, not his gun. Jury found
him guilty of involuntary manslaughter 4 yrs.
Riots have created unreleased damage estimates,
over 80 arrests.
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OHIO FEDERAL COURTS (three levels)
DISTRICT COURTS (U.S. District Court in
Cleveland) has ORIGINAL JURISDICTION try case
for first time
U. S. COURT OF APPEALS ( 11th District Court of
Appeals Warren) Review cases on appeal from
lower court -- APPELLATE JURISDICTION
SUPREME COURT (Columbus) ORIGINAL
JURISDICTION Original jurisdiction over a)
public government officials, b) cases in which
state a party c) cases of constitutionality of
federal law A vote 4 out of 9 justices determine
which cases on appeal will be heard by the
Supreme Court
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STATE COURT SYSTEM
LIMITED JURISDICTION--minor matters handled by
lower trial courts. (Ex misdemeanors, civil
actions involving small amounts of money.)
Mentor Municipal Court (limited jurisdiction)
a.Traffic - Mentor/Mentor on the Lake (Ex
speeding, seat belt violation, driving w/o
insurance, running red light) b.Small Claims --
up to 3,000 (Ex unpaid debt, breach of
contract, back rent, broken or damaged property,
etc.) c.Civil Division over 3,000 not over
15,000 (Ex automobile or personal accidents,
landlord-tenant disputes, product or
professional liability disputes, etc.) d.Criminal
Division - all misdemeanors, domestic violence,
OVI (OVIoperating while visibly impaired .08
blood alcohol level) replaced DUI e.Arraignmentf
ormal charges brought against you and you will
have to submit a plea of guilty or not guilty.
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Judge John Trebets tries all misdemeanors and
ordinance violations occurring within Mentor and
Mentor-on-the-Lake. Mentor Municipal Court hears
traffic citation cases, civil cases valued up to
15,000, landlord/tenant cases, and all Small
Claims complaints valued up to 3,000. All felony
cases are heard to determine probable cause and
then bound over to the Lake County Common Pleas
Court in Painesville.
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STATE COURT (continued)
GENERAL JURISDICTION criminal and civil cases
Common Pleas Court Painesville (general
jurisdiction) a. Civil Division over 500, no
limit b. Criminal Division handles
felonies c. Domestic Relationsdivorce,
annulment, dissolution d. Juveniledelinqu
ent (16-18), unruly (ex curfew, skipping
school, neglected, or abused
(homeless, destitute, or lack of parental
care e. Probate (wills, estate issues)
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FEDERAL DISTRICT COURT (Cleveland)

1. Federal laws, bankruptcy, patents, trademarks,
   admiralty (sea)

2. Violation of constitutional rights
3. Concurrent Jurisdiction with State courts a.
Amount in controversy 75,000 or more b.
Diversity of citizenship (citizens of different
states) c. Venue in federal courts
1. Where plaintiff resides ( p )
2. Where defendant resides ( )

3. Where claim arose
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APPELLATE COURTS (by rights) Ohio 11th District
Court of Appeals--Warren (closest court to
us) Federal 6th Circuit Court of
Appeals--Cincinnati (Closest appellate court to
us) How many Appellate Courts in Ohio? (12
appellate courts) Ohio Supreme Court (Columbus,
Ohio) (7 justices) U. S. Supreme Court
(Washington, DC) (9 justices)
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ADR ALTERNATIVE DISPUTE
RESOLUTION
ADVERSARY PROCEEDINGS
ADR when parties try to resolve disagreements
outside of the usual adversarial system saving
time and money for everyone.
Reactive--- Mediation a third party helps
both parties find a solution Arbitration
a third party settles the dispute for the
parties involved Proactive---Partnering both
parties get to know each other and work out a
plan for resolving disagreements (business
dealings)
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TRIAL PROCEDURES CRIMINAL CASES offenses
committed against public case brought by
government (murder, arson) CIVIL CASES
individuals who believe they have been injured
case brought by individual (defamation of
character)
PARTIES TO LAWSUIT Plaintiff ( p ) person that
accuses person of crime Defendant ( )
person accused of a crime

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RAND STUDY Defendant ( ) for every 1.00
lost in lawsuit, add .58 more for legal
fees Plaintiff ( p ) for every 1.00 won in a
lawsuit, subtract .41 for legal costs LEGAL
FEE A. Hourly average 250 B. Contingency
33 1/3 40 of settlement (contingency means
dependent upon) C. Flat fee Get fee
agreement in writing. If attorney will not put it
in writing, look around for another attorney.

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PLEADINGS Formal papers filed with the court by
plaintiff (complaint) and defendant (answer)
COMPLAINT 1. Plaintiffs allegations or claims
showing the pleader is entitled to
relief 2. Demand for judgment WHO FILES THE
COMPLAINT? The lawyer on behalf of the plaintiff
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COMPLAINT
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• Delivery of complaint with notice of lawsuit by
  the court.
• 30 DAYS TO ANSWER A SUMMONS
• Certified Mail/Express Mail-- return receipt
  request
• Personal Service deliver to you personally.
• Residence Service anyone 16 or older can
  accept.
• Publication publish in newspaper legal section.

SUMMONS
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ANSWER Defendants response to those
allegations Counterclaim - sue person
suing you Reply answer to
counterclaim Affirmative Defenses
(type of defense used by defendant in
seeking to avoid liability) Statute of
Limitations (15 years to sue) 12(b)(6) Motion
-can be granted only if it appears beyond
doubt that the plaintiff can prove no set of
facts in support of his claim which would
entitle him to relief.
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ANSWER
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PRE-TRIAL HEARING Informal meeting before a
judge a. Simplify issues
b. Settle out of court
DISCOVERY Methods employed to bring facts out
before trial a. Depositions - questions asked
by your attorney to you or anyone with
information about case. b. Interrogatories
questions drawn up by one side to
ask the other. c. Request for documents either
side can request d. Physical and mental
examinations either side can request e. Requ
ests for admission- evidence discovered after
discovery
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Pressure is put on the client If an offer is
made and rejected, there is a chance of getting
less or nothing once the case goes to court.
ROLE OF SETTLEMENT
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THE TRIAL
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VOIR DIRE selection of the jury in criminal
trial--- (8 seated, 1 alternate) 1. Challenge for
Cause obvious reason for excusing
prospective juror. 2. Peremptory Challenge
dismissed because not right for this jury
(limited to 3 releases) 3.Civil Case - ¾
majority to win case 4.Criminal Case unanimous
verdict to win case
French for to tell the truth In selection of
jury, oath applied to proposed witnesses/jurors
that they will tell the truth
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OPENING STATEMENTS (Preview of what evidence will
show and what trying to prove) 1. Plaintiff
delivers opening statement first 2. Defendant
(optional)
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• EXAMINATION OF WITNESSES
• (by subpoenacourt order to appear to testify)
• Direct Examination plaintiff or defense
  attorney questions own witness.
• Cross Examination plaintiff or defense attorney
  questions other partys witnesses.
• Re-Direct re-questioning your witness after
  cross.
• Re-Cross if you re-direct, other side can
  re-cross.
• MUST STAY WITHIN SCOPE OF QUESTIONS ASKED.

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(No Transcript)
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• OBJECTIONS
• OVERRULED over lawyers objections, questioning
  allowed
• SUSTAINED over lawyers objections, judge
  agrees witness disregards question, jury ignores
  question/answer

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• CLOSING ARGUMENTS
• 1) Summary of evidence
• 2) Why judge/jury should find for their
  client
• p attorney presents first
• presents attorney last
• Optional Rebuttal by p

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JURY INSTRUCTION Judge explains law to jury and
instructs jury on proper law to apply
DELIBERATIONS Jury goes to jury room to decide
verdict
JUDGMENT BY THE COURT 1. Verdict Decision
by members of jury 2. Judgment Court
decision in the case
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REMEDIES Plaintiffs entitlement to
relief 1. Payment of damages 2. Equitable
remedy a. Specific Performance defendant to
do something as promised in contract b. Injunct
ion order to stop defendant from performing
an action
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• EXECUTION OF JUDGMENT
• Writ of Restitution take property to sell
• Writ of Replevin commonly used to take property
  from an individual wrongfully in possession of
  it and return it to its rightful owner.
• Writ of Garnishment money taken out of pay
  check.
• Bank Attachment accounts at bank used as part of
  judgments
• Financial Statement bankruptcy proceedings
  review financial statements to determine ability
  to repay debt.
• Certificate of Judgment to BMV (Bureau of Motor
  Vehicles) refers to surrender of drivers
  license, license plates or proof of ownership in
  traffic-related cases
• Lien claim against the property of another.
• Aid in Execution debtors who fail to appear may
  be held in contempt with a bench warrant being
  issued for their arrest.

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• CRIMINAL TRIAL PROCEDURE
• Arrest person deprived of his/her freedom
• a. Warrant directive to arrest individual (4th
  amendment)
• b. Miranda Rights - Inform defendant of why
  arrested
• (5th amendment)
• Bail Money or property left with court to get
  out of jail
• 5th Amendment 14th Amendment to Constitution
  no state shall deprive any person of life,
  liberty of property without due process of law
• Search warrant court order to search specific
  areas
• FriskLimited search w/o warrant. Belief
  concealing weapon
• Probable Cause search without warrant (4th
  amendment)

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• INDICTMENT/ARRAIGNMENT (criminal trial cont.)
• INDICTMENT Written accusation charging
  individual with crime as determined by grand jury
  evidence.
• ARRAIGNMENT Accused brought to court, read
  indictment, asked to plead guilty/not guilty
• if pleads not guilty, case goes to trial
• if pleads guilty, judge imposes sentence.

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CRIMINAL TRIAL (cont.) TRIAL--Criminal case with
jury, verdict must be unanimousguilty beyond
reasonable doubt or not guilty. Mistrialjury
cannot agree, new trial.
SENTENCING Fine payment of money as penalty for
crime. Imprisonment confinement for crime as
determined by judge
GARY ALVORD 35 years on death row still
counting
OR
DEATH PENALTY Constitution guarantees fair
treatment to defendant Appeals made to states
highest court.
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• JUVENILES
• (Under the age of 18)
• Handled by the juvenile court which has limited
  jurisdiction.
• Designed so each case is handled individually.
• Detention hearing to determine whether to hold
  juvenile offender or send home on probation.
• Offender sent to foster home.
• Offender sent to reform school.
• Offender may pay damages or parents of offender
  pay damages.