01.19 - nThree major sets of law: - Natural law: unjust law...

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nThree major sets of law: - Natural law: unjust law isn’t a law; legal system needs to be looked at from entirety - Legal positivism: views the law as neutral; two different types of what’s going on o Law: order backed by force (command theory of law) o HLA Heart: legal positivist Law is comprised of primary and secondary rules Primary: don’t kill people, don’t attack others Secondary: rule of recognition (depends on circumstance and - Historical view: law originates in the spirit of the people o Law reflects the view of the people, which is a relativistic view (depending on where people are and where they live) Sociological, legal studies, etc. Natural law: gives both sides (ideally + reality); Historical: the literal interpretation Written law is sometimes different then how law is actually executed and enforced When there’s a regime change, people can be busted for laws that were once good, but are now wrong Lawyers are gatekeepers to the legal system… we have an adversarial legal system, so having a lawyer is very important Right to council: “the constitution has committed us to an adversarial system to criminal justice… preserves dignity of an individual, even though its painfully trying at times… right to council is essential, since it would be meaningless if the person seeking defense needs to speak with his lawyer” Criminal Law: common law system very different from that found in civil law, where it’s more inquisitorial system (truth + judge determining whether there is sufficient evidence) One issue for lawyers is their public image, b/c of the role that they play in the adversarial system Important to understand different sort of ethical requirements and responsibilities for lawyers, especially when learning in law school - How to collect fees, suing clients (making money) - Multiple representation: conflicts of interest, etc. Attorney-client privilege: the right and the duty to withhold information because of some special status or relationship of confidentiality (the requirement that the lawyer or an employee not disclose any information from a client, also known as privilege communications) - Not only associated with this, but also husband/wife, doctor/patient, clergy/follower - It must be a communication and must be a particular type of communication, but not everything is so super-exclusive - Discovery: formal/informal exchange of information between the different sides of a lawsuit; two types o Interrogatory: written set of questions asking for written answers to factual questions o Deposition: process of taking a witness’s sworn testimony out of court - Importance: to ensure that lawyer and client have the clearest communication Important aspects of this: - A client must feel free to discuss anything with his lawyer and the lawyer has the freedom to use whatever information he needs, but not to dig any further
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- Facilitates full development of facts for proper representation - Encourages the public to seek legal assistance earlier
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This note was uploaded on 11/18/2011 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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01.19 - nThree major sets of law: - Natural law: unjust law...

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