Hello, and welcome to The Omnipotent Esquire! This blog (and future website) is the home for all your legal needs and curiosities. Feel free to ask any question or comment that pertains to the law, which will be given a prompt and swift educated reply. This blog will be undergoing construction throughout this month (May 2015), however, its contents and myself are at your disposal. Furthermore, comments containing constructive criticism(s) are most welcome. Note: This blog is in its infancy, and your feedback is crucial towards the development of this site!
Trial advocacy provides a general overview of litigation topics, including discovery and pre-trial issues, through lecture, simulation, and practical exercises. A trial simulation may address either civil or criminal cases. The video displayed below depicts a mock trial presented at Vanderbilt University’s School of Law in 2009.
A third source of law that judges and lawyers examine are executive orders (EOs). This is an uncommon resource when compared to other legal sources. Executive orders are laws made by chief executives, such as presidents and governors. Some executive orders are based on statutes, so they are similar to administrative regulations. Other executive orders are based on the powers that the federal or state constitution gives the chief executive, so they are similar to statutes. Depicted below is Executive Order #8802 – Fair Employment Practice in Defense Industries – signed by President Franklin D. Roosevelt.
The next source of law judges and lawyers browse upon is the United States Code (USC). The USC is a multivolume selection of books, which display each and every federal and state statute. Statutes are laws enacted by legislatures. (Laws passed by local, within the state, legislative bodies are usually called ordinances.) While constitutions deal primarily with the powers of government, statutes generally are directed at society as a whole. Statutes often prohibit a form of conduct.
In response to The Daily Post’s writing prompt: “New Internet Order.”
This is a great fictional prompt, but realistically absurd. This prompt imposes the political importance of governance and leadership upon the Internet. As of now, this political notion seeing fruition is highly unlikely. If it were to happen, the Internet would most likely be governed by the United Nations (UN), not by a certain individual.
Generally, the first legal source judges and lawyers observe is the content of constitutions. In Dual Federalism, there is one federal government and multiple state governments. The federal government contains a constitution that is the supreme law of the land, and is superior to both federal and state laws (statutes). Each state government contains its own unique state constitution; however, a state’s constitution may not trump over the federal government’s constitution.This predicament is called Preemption, and it rarely transpires. However, if preemption does come about, the federal government will sue the individual or multiple state(s) or place sanctions upon the state(s). Sanctions will be removed once the state(s) become compliant.
I digress, the federal and state constitutions establish basic rules about the powers of government and the procedures by which government is to operate. Pictured below is an example of a constitution – The United States Constitution (does not include the Bill of Rights).
Lawyers tirelessly spend several hours gazing upon different legal materials in order to achieve a perfect argument. This process is termed – Legal Research. The legal materials that lawyers examine are named – Legal Sources or Sources of Law. There are many legal sources lawyers utilize within the United States. The most commonly observed sources, but not limited to, include: The United States Constitution, the United States Code (USC), the Code of Federal Regulations (CFR), Executive Orders, and the United States Reports – a printed multi-volume selection of reports containing every single U.S. Supreme Court case and ruling. To get a glimpse of each source, click here.
Another category under Common law is criminal and civil law. Criminal law prohibits certain conduct and threatens punishment for the prohibited conduct. In criminal cases people and corporations are prosecuted by government for alleged violations of federal and/or state criminal laws. In criminal law, a violation is called either a felony or misdemeanor. Civil law does not always involve punishment if the law has been violated. Most often, violators are required to compensate those who suffered damages/losses as a result of the prohibited conduct. Civil law pertains to a variety of fields, such as contracts, wills, property, and domestic relations. Nevertheless, specific situations can result in both criminal and civil law proceedings.
Public and private law are categories of law under the Common system of law (Common Law). Public law involves the federal government acting as government rather than in other roles, such as property owner. Public law includes such matters as taxation, regulation of business practices, public welfare programs, foreign policy, and criminal justice. Private law does not involve the federal government acting as government. Private law includes such matters as marriage (family law) and personal injuries (tort law).