English To liaise and to socialise. Chapter 1) Law studies I.

Law studies in France 1) The Baccalaureat and after Law studies france generally start after the end-of-high school degree. Vocational Baccalaureat. In the Uk, in high school you are a pupil, in US you are student. Coming-over. Honours (UK) / honors (US) = une mention. University is composed by several faculties. To cates for = soccuper de. 2) Law studies without the Baccalaureat With distinction. A pass degree. To register = sinscrire. Basic legal qualification. Basic general qualification. 3) Law at University Institutes of Technology Sometimes on delocalised sites of universities. They deliver two years diplomas. Difference between a degree and a diploma. A qualification. 4) From undergraduate to Master Students take first, then a second, their a third year of Bachelors degree. Six examination sessions. Before graduation : undergraduates ; after : graduates. Once/Upon graduation, they may take a first year of Masters degree. Then they need to apply for a second year of Masters degree. Admission to Masters easier when they have passed their degrees with flying colours. After the Masters degree, doctorate ou PhD. To pass a degree. The doctorate allows to be admitted to lawyer school (CFPA or CRFPA) without taking the examination. The doctorates also leads to international management posts. International executives. Lecturing posts in law, senior lecturers (matre de conference) UK, associate professors US, professors. French doctorates = currently very much competitive. Tuition fees (frais dinscription) = almost negligible. Let us compare tuition fees in France and in the UK. Tuition fees in the UK are capped (limit), for 2010-2011 3.375 (about 4,000 ). This does not include living expenses, accommodation (frais de logement), stationery (papeterie), the cost of a computer, etc Currently, there is a debate in Europe for the cost of education. European-wide debate. Who shall bear the brunt of the cost of higher education ? The taxpayer ? the students themselves ? Parents ? Uk cap of tuition fees has been raised fron 3.375 to 9.000 (10,000). http://www.education.gouv.fr/cid11/le-cout-d-un-scolarit.html. Loans = prts. Domestic students = English, Scotich, foreigners who live in UK. UK doesnt cap the tuition fees for international students. 5) The honours system Pour le bac on utilise seulement with honours et Summa cum laude = Mention TB in the Us at University. Magna cum laude = mention bien. Cum laude = assez bien. UK, Australia, Canada, India, Ireland, South Africa, Nigeria, etc.: different. First-class honours (1.0) = TB, Second-class honours upper division (2.1) = B, Second-class honours lower division (2.2) = AB, Third class honours. Ordinary, pass degrees = Passable. 6) Subjects - Two semesters. - Two units a semester but varies from one university to the other. - Lectures (delivered in amphitheatre = cours magistraux). - Law basics. - Tutorials (TD). More interaction with lecturers in tutorials than in large amphitheatre. II. Law studies in English-speaking countries and beyond University premises (locaux, environnement,). To be armed for the future = tre arm pour le future. Land law = le droit rural/ droit de la construction/ droit de lurbanisme. Psychology (on ne prononce pas la P). LlB = diplme professionnel de droit anglais. Theres not only knowledge but skills (capacits) too. Mock-trial mooting = concours de plaidoirie. Target of this video : obviously international students. The most profitable for the university. A graduation ceremony. A gown and mortar. One or several subjects combined. To plead. 1) Colleges in the US and in the UK In the UK either an entity within a university or the first 3 years at university. Colleges in the UK are independent institutions which are taken as a whole (= prise dans son ensemble). In the US, either 2 or 4 year HEI (community colleges, which deliver Associate degrees (diploma en 2 ans),transfer to a regular university is possible) or the first 3 years at university. To vary. To cater for smth (= rpondre un besoin, soccuper de quelque chose).

2) UCAS In the UK: le bac cest A-levels. University and Colleges Admission system. UK. A charitable organisation. Centralizes application procedures at national level. Degree courses offer combined subjects. Applications are done ahead of the beginning of the academic year. Students choose 5 degree courses maximum. In one or several universities. Almost = nearly. A scheme. Universities process applications. A national Admissions Test for Law, or LNAT. It concerns 8 major UK universities. Bristol : 2500 applications only 150 choose. Frustration. The test lasts 2 hours. 3) Types of law degrees In UK there are 3 types of Bachelors degrees in law : BA, LIB and BSc. Three or four years. Bachelor of Arts (BA). Bachelor of law (LIB), considered more professionally-orientated. Bachelor of Science (BSc) = thse. Upon graduation, one may take a Masters degree, then possibly a PhD. Juris doctorate (J.D.) after 8 years. In the US : students may study law at university, right from their first year or enter a law school upon graduation. To enter a law school : a satisfactory mark record. LSAT (Law School Admission Test) + often other procedures. These may include essays, examination of references, work experience, ethnicity. Scholarships or grants available. The higher the grades, the lower the school, and the more chances to obtain a scholarship. About 200 accredited law school prepare to the bar examination. Discrimination positive (Fr) = affirmative action. In Canada and in Australia : J.D. Three years of study. In Canada, the LSAT is required to enter law schools. Therefore, outside the UK, the 6 or 7 year professional degree in law is called the JD. Let us compare admission in the US and in the UK. Internships at law firm. A work placement = another word pour un stage 4) Subjects Law of contract. Law of tort. Law and state. Constitutionnal rights. Criminel Law. Low of property.

Chapter 2: Legal professions Vido. Court is in = audience est ouverture. Hash (key). You have no right = vous navez aucune qualit pour me juger. Jaw dropping. Riveting. I. Legal professions in France - Jurist (in France and in the US) refers to anyone with a degree in law - Such jurists can practice law as employees hired by law firms, legal departments, independently, in the judicial system (to be hired: tre employ), to practice law: exercer le droit; in the framework of: ? - Elsewhere, in the UK and in other common law countries (NOT France and the US) a jurist = a judge - Therefore (par consequent), the word jurist should be treated with great care and used only in the European contest and not in the UK contest, or the US contest - In France (article 26 of law 90-1259 of December 31 1990) being a jurist enables to counsel clients 1) Avocat : usually lawyer [Attorney: avocat; barristor, solicitor (advocate: se faire lavocat dune cause Different countries have different uses: there are many different words. Voir ci dessus. Lawyers may perform different tasks. o Recruited upon examination organised locally o They represent and defend clients o No english word for justicable (a person subject to trial) o People who are unable to pay their fees may be eligible to legal aid o avocats set their frees themselves o The president of the bar (le btonnier) presides over the local chapter of the bar association, he advises the lawyer o Lawyers are independent To perform tasks; carried out by other; French professions; fees: honoraries Video sur Vergs: a pun = un jeu de mot A jackal

Jaw-dropping = incroyable Riveting = scotchant, which attracts the attention 2) Notary o The world notary is country-neutral o solicitor: only in certain Commonwealth countries such as the UK, Ireland, Canada, Australia, NZ o This is the word used by the international Union of Notaries o They hold a public office (ministre public) but they operate in private practice, they are paid on a fee-forservice basis o They notarise of perform notarization (UK spelling) o They deal with prenuptial agreement (prenup or prenupt), residential and commercial conveyancing and registration, contract drafting, business, engagements, transactions, successions etc. o A notarial office o Notarys clerk (clerc de notaire), legal secretaries, trainee notaries (stagiaires) and apprentices and accountants o In France 7 years of study are necessary Ancillary personnel: ?

3) Bailiff : huissier o Sworn officier : il prte serment o They see to te execution of court orders (il sassure que les jugements des tribunaux sont bien excuts) o They are responsable for servicing legal process (il sassure du bon droulement des procs) o This includes servicing legal documents (grent les doc ncessaires au procs) o Repossession (the confiscation of goods) o Evictions (to evict: expulser) (in accordance with courts judgements: aprs les jugements des tribunaux) (forcefully: par la force) o Authentify documents o Collect debts o Issue/send court summons (produisent et envoient des convocations comparatre) o No english word meaning auxiliaire de justice o A masters degree in law o A two-year paid apprenticeship at a baillifs office (etude dhuissier) o Training is organized by the chamber of bailiffs o Trainees take a diploma o Holders of a basic legal certificate with ten years of experience may also take the diploma (without a masters degree) 4) Magistrat (cest un faux ami) : judicial officier or public officier Many translating options : o Justice of the peace (England and Wales), for minor offences o Federal and state magistrate (Australia) minor law matters in administrative law, bankruptcy, consumer protection, trade practices, human rights and copyrights, family law (divorce, custody, contact of the children, property division upon divorce etc.) o Judicial magistrate (india), who can try criminal cases o Judge or magistrate judge (US) o Prosecutor a) Magistrats as judicial officers = juges They make decisions regarding the application of law but they include notaries National school of the judiciary in Bx (ENM)

b) Magistrats as public officers

Not included in the word judge procureurs : Public prosecutors, general prosecutor, financial prosecutor Assisted by deputy prosecutors (avocats gnraux) and assistant prosecutors (substituts) Decide to conduct a preliminary inquiry May ask an examining judge (juge dinstruction) to carry out a more formal judicial investigation Appellate courts, supreme court 5) Corporate lawyer : juriste dans une entreprise - Or compagny lawyer, or coporate attorney (US) - They may deal with contacts law, accounting (comptabilit), tax law (droit fiscal), intellectual proprety rights (droit de la proprit intellectuelle) 6) Law faculty : prof de droit, law profession

II. Lawyer in English speaking countries and on the international scene 1) Lawyer as avocat - In the UK lawyer includes barristers, solicitors, clerks and even judges and authors of legislation - Barristers traditionally plead - Solicitors are in contact with clients - In practice, the distinction between barristers and solicitors is blurred (confuse) because at the moment in the UK, solicitors can plead and barristers can be in contact with clients - In the US, lawyer= attorney - In Canada, there are common law advocates (=sometimes called lawyers) and civil law advocates (not lawyer). Both use the term barrister and solicitor as well as advocate - In Australia, both terms solicitor and barrister exist and the word lawyer is a synonym of both

2) Advocates - =lawyer in Indian English - = barrister in Scotland, South Africa, Scandinavia; Israel, Pakistan, the Channel Islands and Isle of Man BUT NOT in England - An advocate is also someone who pleads a cause without being a lawyer 3) Attorneys - There are attorneys-at-law (=lawyers) and attorney generals (=garde des Sceaux) - Attorneys-at-law provide counseling; draft documents (wills, trusts, contracts etc.) Juan Smith Esq 4) Judges - They conduct trials impartially (ils mnent des procs de faon impartial), hear the witnesses, examine evidence, issue a ruling (rend un decision) - They interpret the law - Their powers, functions, and training of judges depend on their jurisdiction - They commonly wear black or red rebes and sit in a platform called the bench during trials - [Video Judge Judy]: arbitrations tribunal (pour des petits litiges: small clams courts for litigation); plaintiffs (le plaignant) and defendants, he mentions the title of the case: his ex girlfriend, to sue someone (il la poursuit en justice), bleach his clothes, to pour, he was cheating on her (il la tromp), during the fight it is your claim that she damaged your property? (cest votre version des faits), thats your fault!no its not my fault, I guarantee it (cest sur!), based upon your answers, where do you think you are ? In springer ?? (ref Jerry Springer

Show), sign a waiver, binding (il ny a pas dappel possible, les gens renoncent leur droit dappel pour tre dans lmission) 5) Magistrates - In civil law systems (France, Italy, Belgium), the term encompasses all types of judges and prosecutors - In England and Wales, some are also known as Justice of the peace (JPs) Others are district judges employed by the ministry of justice - In China 6) Paralegals( pas de mots franais)

7) Law speakers Chapter 3: Constitutions I. The French constitution Look for in Dokeos le tableau des titres de la Constitution . Currently comprises 70 titles. Les adjectifs de nationalit prennent une majuscule en anglais : The French people. The Rights of man and not human rights. Traduction des articles sur le site du parlement. Shall modal par excellence de constitution, cest larchtype de la norme. a se traduit par un present. Il reprsente le pouvoir et lautorit. Cest lez pilier modal du discours juridique normatif. Statuts (concernant les lois) ? 1) 2) 3) 4) 5) 6) 7) Contents The preamble Sovereignty Parliament Territorial communities The EU The Charter for the environment

II. Foreign constitutions 1) The constitution of the UK based on several sources (Acts of Parliament (lois votes par le Parlement), treaties, EU law, common law, works of authority, works by some famous constitutionalist (Bagehot, Dicey,), Parliament = monarch, House of Lords ands House of commons. Parliament very powerful, hence the Capital, power to legislate on whatever subjects. It produces acts. Acts = illocutionary power (dire cest faire) . Acts of designated by one or several nouns. Parliamentary sovereignty. a) Magna Carta Oldest source of the UK constitution : it was issued in the year 1215, written in Latin unlike the French constitution written in French. 63 clauses and 3 of them are still valid today: clause 1 first that we have granted to God, 13 The city of London shall enjoy all its ancient liberties and free customs and 39 No free man shall be seized (artes) or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in anu other way, not will we proceed with force against him. The preamble (?). Archbishops ,bishops ,abbots, earls ,barons ,justices ,foresters ,sheriffs ,steward ,servants ,Greeting. Look for Magna Carta recitals. Perpuity, boroughs, granted, reckoned. City = il y a une cathdrale, town = havent.

Until the seventeen century, they were in charge of protecting venison (=hunting) which belong to the King by royal prerogative. It was a forest. Even though there were no forest but the King declare this heath or grass land are forest, for prerogative. Therefore the world forest also designates heath, grass land and wetland. Hunting land, branch of law in itself, harsh punishment = who committed offenses (punition severe lgard de ceux qui commettaient des delist dans ces zones). Within, apply; be located within areas, fuelled resentment, among villagers, confiscated for the benefit of the aristocracy. The Great Charter of the liberties of England and of the liberties of the forest. M. C was forced into an English King, feudal Barons made the King relinquish some of his powers, this include arbitrary detention, the law of land (concept de droit du lieu) with is above the law of the King (too in US constitution, Australia, ). Lexloci, free men, due process of law. b) The Bill of rights In 17 and 18 century, it was a struggle between the locations of power, Parliament and the monarch. Regarding foreign policy, taxes and the army. The B of R was passed after the English civil war (les rois ont t oblige de cder certaines de leurs prrogatives). The recitals list the wrongdoings (les mfais) of the monarch and why it cas deemed necessary to limit their power. Said late King = feu le roi. Thereby/thereof/hereby/herewith (ci-joint)/therein = type de langlais juridique, par cela, par ceci. VIDEO : British constitution. Discourse of a UKIP leader (parti dextrme droite). Very clear simplifying to adress the widest possible audience, (il sagit dun discours populistes disant que le parlement nest pas au dessus des lois mais reprsente le peuple). 2009 : lection europenne, cest un petit parti cependant ils sont arriv avant les travaillistes aux lections europennes (16,5% cntr 3,5%). If a country doesnt have a constitution, it aims at a civil war. The constitution place a legal duty dans les gouvernants. The bofR and the coronation cath or oath ? No single document untitles constitution but several constitutions. Not only 6 document but several. Not boring because BofR forbidding the torture and the arbitrary taxation. The parlement is not above everybody.

c) The Habeas Corpus This is a summons to bring a prisoner into court. So that it can checked whether the detailer has authority to keep the person in jail. Writ. It can petitioned (demand) by the prisoner themselves or by someone acting on their behalf. The court decide whether the prisoner is capted in jail lawful authority or released. Guarantees the liberty of the subject against arbitrary detention. It does not guarantee that there will be a trial because in some jurisdictions and cases they might be detention without a trial. Habeas Corpus is suspended if state of emergency is declared. The writ of Habeas Corpus was the result of English monarchs, wanted to control public authorities and inferior courts within the realm (rsultat du roi qui voulait controller ce qui se passait dans les tribunaux). Section 39 of M.C. . It includes the name of the prisoner, the identity of the detainer, the time date and place of the court hearing (=audience) and the issue (sujet de la convocation) dealt with by the court = why the prisoner deems the detention is unlawful (=contraire la loi). 1679 as the safeguard against arbitrary detention by the king. It was suspended during the WW 1st and WW 2nd and in 1971 with the I.R.A, 2001 anti-terrorism, crime and security Act, to allow detention of person suspected of terrorism who cannot be prosecuted. d) Acts of Parliament They are called primary legislation. Law made by the legislative branch of government. Secondary legislation by contrast, is made by the executive. It must be conform to primary legislation. The devolved (degrs) administration, the Scottish Parliament also passes primary legislation. The Scottish parliament is informally refered to as Holyrood while the UK Parliament is also known as Westminster. Parliament approves laws and can legislate on any subject. For instance, Magna Carta has been mostly repealed (rejecter, render inoprant) since 1823. Traditionally, it is considered that courts cannot question Acts of parliament. e) Treaties

They are incorporated into domestic law trough Act of Parliament. They are more less contracts between sovereign states which agree to bind themselves. Conventions, agreements, etc Treaties are a source of international law. So that if an Act is illegal under the international law but approved on the domestic law, international law will prevail internationally. f) EU Law EU Law a set of treaties, court judgments and laws which directly affect domestic legislation. In order for EU laws to have effects on domestic law, they have to be incorporated by Parliament which can bar (sopposer ) their application. EU law is a binding source of UK law and as such (en tant que tel), may override (?) domestic laws including Acts of Parliament. g) Common law Common law systems are based on the doctrine of precedence, which considers that similar facts should be dealt with in the same way. Thus, precedence binds future decision, this doctrine being called stare decisis (which means to stand by decisions). If the court find that the matter of the dispute is different, then the courts decision creates precedence and the new decision will become binding in return. The doctrine of Stare decisis is not usually used in civil law systems as it violates the principle that law may be made only by the legislature (which is the legislative body of the states). Court decisions of common law jurisdictions are typically long and detailed. They explain the basis of previous case law, explain how the decision was reached and give an explanation so as to make it casier to use a precedent. 2) The Australian constitution It comprises several documents, the most important of which being the Constitution of the Commonwealth of Australia. It was approved by referendum in 1898-1900, the UK Parliament approved the Commonwealth of Australia Constitution 1900. In 1986, the Australia Act 1986 made it impossible for the UK Parliament to amend the constitution. Australian states passed the Act under more or less the same terms, requesting independence, and the British Parliament. The Statute of Westminster Adoption Act 1942 is the act which gave Australian its constitutional independence. However, Queen Elisabeth II remains the monarch in both countries. In 1990, the UK Parliament voted the Australian Constitution (Public Record Copy) Act 1990 to allow a copy of the Commonwealth of Australia Constitution Act 1990 to remain with Australia, as a gift. The Commonwealth of Australia Constitution Act 1990 contains nine sections and a Preamble. Chapter 9 contains the Constitution of the Commonwealth of Australia and begins with The Constitution of the Commonwealth 3) The Canadian constitution There are 2 official languages in Canada, which enjoy equality of status and equal rights and privileges as to their use in a institutions of Parliament and government of Canada. However, only one province, New Brunswick, has chosen to be bilingual, the others being momolingual. - Constitutional Acts: as a result, constitutional acts exist in two languages. Both versions have the same value. The Constitution of Canada is composed of a series of pieces of legislation. - The first set consists in statutes which deal with the monarchy. It comprises the English Bill of Rights 1689 and the Act of Settlement 1701. - The second set is statues referred to by constitutional documents. These are those mentioned above plus the Proclamation of 1763. - The third set is documents mentioned in section 52 (2) of the Constitution Act, 1982. These include the Constitution Act, 1867, other constitution Acts and Acts creating such provinces as Alberta or Saskatchewan. The Constitution Act, 1867, was passed by the British Parliament under the name of British North America Act 1867. The Dominion of Canada thus created comprised three provinces in British North America (Canada, New Brunswick, and Nova Scotia) with provisions to allow more provinces to join the confederation at a later date.

The Canadian government was combining a parliamentary government (like in great Britain) with division of sovereignty (souverainet). The Constitution Act, 1982 established political independence from the UK. Until then constitutional amendments had to be signed by the British Parliament. The Same act was actually passed by both the Canadian and the British Parliament. It was signed by all provinces except Quebec. This first part, entitled the Canadians and civil rights and Freedoms, established the political rights of Canadian and civil rights for everyone on the national territory. The point of the charter is to unify Canadians around a set (srie) of principles and to codify some constitutional conventions which, until then, were oral. Video: The Meech Lake Accord. There are other sources. These are conventions, principles and royal prerogatives: - Conventions are not legally enforceable. These provide, for instance, for a Prime Minister and a Cabinet whose prerogatives are not defined. - Principles include federalism, democracy, constitutionalism, the rule of law, respect of minorities, responsible government, representation by population, independence of the judiciary, parliamentary supremacy, an implied bill of rights - Royal prerogatives: the monarch remains the head of State, having the authority to declare war, sign treaties, issue passports, make appointments, make regulations, incorporate, and receive lands. The monarch is part of the legislature, with the House of Commons and the Senate.

Mme Srat American law and institutions Dokeos L1 droit/anglais American law and institutions dans langues. Robert et Collins dans documentation sur Dokeos. Examen, 20 questions. Rattrapage est un oral. Lecture 1 : The birth of a nation 1) The US as a British colony The Us is a former British colony which faced different waves of immigrations before its independence (traders, merchants, persecuted Puritans, and aristocrats in the 17th century). This people were established in settlements that were created in the name of the King of England. But at that time, the great distance and difficulties of communication resulted in a near autonomy. Assemblies discussed and were making the main decisions. American colonist had to adapt the laws, to their special circumstances. (To make a decision = prendre un decision et pas to take.). Because of the difficult living conditions, the colonies were nearly autonomous (from the Crown and also from one another) and sef-governed, and also diverse. Higher standard of living than in Europe (different climate, religion and size). For Protestants reading the Bible was important => well-educated people. Important influence of French and English philosophers with John Locke and Montesquieu. Very sensitive taxpayers, always discussing the limits of authority, suspicious of Westminster (the English Parliament) and especially suspicious of the way England was spending the money (wars in Europe). A new breed of citizens. Shared values with England but at the same time, became the product of an American experience. 2) Troubles with England: the American Revolution Problems between the British Crown (couronne) and its American colony because of political and economic issues. (Economical = conome vet pas conomique). Westminster needed money and trade with the colony was flourishing (fur, tobacco,), so there was a lot of revenue to extract from them for the Crown. American colonist refused to pay a new taxes without having some form of representation in the English Parliament. No taxation without representation.

Parliament refused to concede the constitutional point and persisted in trying to extract revenue from the North American colony. Tried to impose a whole range of different taxes (Tea Act, 1773). The Tea Act: the most decisive turning point => the Boston Tea Party (according to the Tea Act : any tea that remained on a ship in a US port for 20 days could be seized by customs officials and sold, and a portion of the sale price could be used to pay the taxes due.). The American successfully avoided this tax by preventing any ships (carrying tea) from entering their ports In December 1773, a ship managed to enter. => Difficult decision either allowing to the precedent of taxation and parliamentary supremacy to be established, or taking far more aggressive action to avoid the establishment of a precedent. On December 19th, the leaders of Massachusetts decided to destroy the tea by throwing it overboard. Parliament => an unacceptable escalation of colonial resistance to its authority and, in 1774, passed a series of repressive measures to punish the American colonist, known as the intolerable Acts (by the American) and the Punitive Acts (by England) : - The port of Boston was closed - The right to jury trial was suspended - Local representatives in Massachusetts were replaced by the royal appointees - American colonists were forced to quarter British troops (means that they were occupied by British army). These Acts didnt succeed in stifling the colonists. Quite the contrary, they served to galvanize and unify the thirteen colonies: they formed the first deliberative body to represent themselves as a whole, known as The Continental Congress. On July 4, 1776, the Declaration of independence was signed (they used other countries as examples Holland, Poland, which has recently become independent and also because they could then be recognized as an independent nation by other countries like France and get military support (soutient) as such. Congress then set about drafting a formal document declaring the independence of the 13 American colonies (now called the 13 united States of America) The Declaration of independence. 3) The Declaration of independence Divided into 5 sections: introduction, preamble, indictment (acte daccusation), denunciation, and conclusion. The introduction announces the goal/the purpose of the declaration which is to break from GB. The preamble offers the philosophical basis for the right of revolution, which draws its languages directly from the final chapter of John Lockes Second Treatise of Government (1690), it provided a philosophical justification for the overthrow of tyrannical government. The indictment lists the charges against the King (Georges III). The denunciation condemns the British people for not helping the cause of their fellowmen in America. Finally, the conclusion declares that the 13 colonies are now free and independent states and have effectively joined the community of nations. (people au pluriel = les gens, people au singulier = le people). Tlcharger extract of Declaration independence : We hold these thruths to effect their Safety and Happiness.

4) The first United States of America : The Articles of Confederation Before the independence, various states had begun drafting and ratifying their own constitutions. Between 1776 and 1780, most of the newly independent states adopted new constitutions to preserve the rights and liberties they had always had as Englishmen, but which were unwritten in the English Constitution. In 1777, the Continental Congress drafted the Articles of Confederation, which gave ship and structure to the first United States of America: a perpetual Union of the 13 independent, sovereign states. This choice of union: a weak confederation of sovereign states. Most aspects of government were left to the states, delegating very limited powers to the union government. In the early years of the Confederation (after the end of the war with Britain in 1783): a series of crises erupted that revealed the inadequacies of the Confederation (trade disputes between bordering states, and the issue of taxation). 2 groups emerged: - The Federalists (James Madison, Alexander Hamilton, John Adams and George Washington): convinced that the US wouldnt survive without a stronger national government.

- The Anti-Federalists (Robert Yates, Richard Henry Lee, George Clinton): against a stronger government because it would create a distant central power divorced from local needs and democratic accountability, leading to renewed tyranny like that of the British Empire. A Convention was called by Congress in the summer of 1787, for the sole purpose of revising the Articles of Confederation. A lot of debates arose and a few compromises had to be reached. The most successful one was The Great Compromise (also known as the Connecticut Compromise) where a bicameral legislature was adopted with a lower house in which the states would be represented proportionally according to their population, and an upper house in which the states would be represented equally. After at least a year of intense debates, a new form of government emerged: to preserve order and security, as well financial stability, a greater weight was placed on the sovereignty of the national government, by creating strong executive and judiciary branches to help check and balance the power of the democratic elected legislatures. A new Constitution was drafted to balance and limit the federal government. The Constitution was signed in 1787, but went into force in the spring of 1789. Its substance and meaning have continued to be the source of controversy and struggle, with periods of more or less intensity, until the present day.

5) The US Constitution Its several principles: - Necessity to establish 3 separate powers (the executive, legislative and judicial branches). - These branches are separate from one another. The powers given to each are delicately balanced by the powers of the other 2. Each branch serves as a check on potential excesses of the other 2. - The Constitution stands above ALL laws, executive orders and regulations. All men are equal before the law and are equally entitled to its protection. All states are equal and none can receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the other states. State government, like the federal government must be republican in form that is to say with final authority resting in the people. The people has the right to change their form of government by the legal means (toujours un s quand on veut dire un moyen) defined by the Constitution. For the Constitution to be approved by the country, 9 states out of 13 needed to vote in its favor. In order to convince the 4 remaining states, another document was added: The Bill of Rights (the 1st 10 amendments to the Constitution). After 2 years of discussion between the Federalists and Anti-Federalists, all the states accepted the Constitution and Bill of Rights, and elected their 1st president (Georges Washington).

Lecture 2 : The US Constitution The constitution: a short and vague document. The founding fathers wanted to leave enough leeway (laisser de la marge) for the future generations to interpret the text and adapt it to new and unexpected circumstances. Drafted at the Constitutional Convention in Philadelphia in 1787 and ratified by June 21, 1788, and implemented (mettre en place) in 1789. It establishes the 3 branches of government, limits the powers of each branch and also guarantees the basic freedoms of US citizens. 1) The content of the Constitution 3 parts: The Preamble, the 7 articles and 27 amendments. The structure of the text underlines the principle of the separation of powers and the establishment of a check and balances system. Though brief, the concise 7 articles are rich in guidelines (directives) and functional precepts for both federal and state government action and activity. The Preamble: It presents the different aims of the Constitution which are: - to form a more perfect union,

- To establish justice, - To ensure domestic tranquility, - To provide for the common defense, - To promote the general welfare, - To secure the blessings (les bienfaits) of liberty and prosperity. The role of the government is to protect the individual & collective liberties of US citizen. Article 1: This Article deals directly with the US legislative branch known as Congress, establishing a bicameral entity with a Senate and a House of Representatives. Lists the rules to be followed to vote a law as well as the limits to the power of Congress. Article 2: Deals with the executive branch (the Presidency). The US: 1st country to create the office of President as the head of a modern republic. The role of the President; to enforce national law as presented in the Constitution and enacted by Congress. Article 3: Deals with the judicial branch which possesses the inherent powers of interpreting law a posteriori, a power known as judicial review (examen de la constitutionnalit dune loi) (since Marbury vs. Madison, 1803): power to declare unconstitutional all laws and acts emanating from the federal government. Extended to state laws (with Fletcher vs. Peck, in 1810). Guarantees trial by jury in all criminal cases, defines the crime of treason. Also defines and describes the federal court system, including the US Supreme Court. Article 4: Guarantees a republican form of government of each individual state and provides for the admission of new states. Article 5: Lays out (=present) the procedure for amending the US Constitution. For an Amendment to be proposed in Congress, a two-thirds (2/3) majority in both Chambers (or a two-thirds majority vote by state legislatures) is required. For an Amendment to be added to the Constitution, three-fourths (3/4) of the states must ratify it. An Amendment can be repealed by another, following the same aforementioned process (it only happened once, when the 21st Amendment was ratified to repeal the 18th Amendment). Article 6: Contains the supremacy clause which states that the US Constitution and the laws & treaties of the US are to be the supreme laws of land. This establishes a hierarchy of laws with a specific status for each level and puts the US Constitution on top of the pyramid. Article 7: Presents the process for the ratification of the Constitution. 2) The Amendments a/ The Bill of Rights (the 1st 10 amendments) An integral part of the Constitution which resulted from a compromise between the Federalists and the AntiFederalists in the 18th century. The purpose of the initial 10 Amendments was to curtail (=limit) federal power and above all inscribe into the Constitution the rights and freedoms of citizens and the states they live in. At the beginning, when the US Constitution was ratified and implemented, individual state governments were not required to abide by the provisions of the Bill of Rights. Only the federal government was submitted to its provisions. After the Civil War (1861-1865), to the 14th Amendment was ratified (1868) which guarantees due process of law to any citizen and state. Important Amendments & their provisions:

The 1st Amendment contains the principles of freedom of religion, speech, the press, peaceful assembly, and petition to the government. The 4th protects citizens from unreasonable searches and seizures of their person and/or property without necessary warrants or legal justification. The 4th, 5th and 6th Amendments contain procedural safeguards. The 5th Amendment provides various guarantees of due process of law for citizens, including recourse to a grand jury, protection against double jeopardy (deux fois incriminer pour le meme dlit) and self-incrimination, and just compensation for private property taken for public use. The 6th Amendment provides the number of procedural safeguards in accusatorial and trial contexts. It also declares the right to have access to free legal counsel. The 8th Amendment prohibits excessive bail (caution) and cruel and unusual punishment. The 10th Amendment declares that powers that are not delegated to the federal government by the Constitution (not prohibited by it) are reserved to the states or to the people. b/ Subsequent Amendment The 13th Amendment abolished slavery. The 14th Amendment extended all the rights & safeguards included in the Bill of Rights to all citizens (including slaves). Not state can infringe on the rights of any citizens without due process of law . c/ The interpretation of the Constitution 2 schools/theories of Constitution interpretation: - The theory of original intent (also known as originalism): For them, the Constitution has a fixed and accepted meaning. There is an acceptance of what the Constitution meant to say at the time of its ratification. This approach is based on the view that the judge should interpret the Constitution based on what the people living at the time of its adoption would have said to be THE acceptable signification of the text. - The theory of the living Constitution takes the opposite point of view => the Constitution is NOT a fixed, rigid or static document; quite the contrary, its is a living, breathing document capable of being newly interpreted in light of unprecedented events & acts. Judge who adopt an originalist approach are said to interpret laws with judicial restraint , while the others interpret them with judicial activism . A practical example: Demonstration of the Westboro Baptist Church during a Marine funeral. In Snyder v. Phelbs (March 2011), the US Supreme Court affirmed the First Amendments enduring protection of free speech. Conclusion: The longevity of the US Constitution is due to its extreme flexibility. It is a fundamental document which lays out the basic protection for citizens, states and the federal government by clearly organizing the different powers. It belongs to a Common law system where the Constitution and laws are understood in the light of the different court decisions (especially the US Supreme Court) on particular cases.

Lecture 3: The federal institutions 1) The Legislative branch The role of Congress is to make laws. A bicameral legislature with 2 Chambers: the Senate & the House of representatives. a/ The House of representatives 435 members: proportional representation depending on the population + 5 additional members (1 representatives for the District of Columbia and 4 delegates from US territories which are members of the House, but not part of the Union and cannot vote Porto Rico, the island of Guam, the Samoa Islands, the Virgin Islands).

Eligibility: to be at least 25 years old + a US citizen for 7 years and living in the State where elected. Mandate: Elected for 2 years, every even years (2008, 2010, 2012,). All the Representatives are being reelected at the same time. However it doesnt mean that there is no community, around 90% of the Representatives are re-elected. Representation: Each State is represented according to its population. Every 10 years, there is a census (recensement). However a 1929 law limits the number of Representatives to 435 to avoid getting a huge number of Representatives. b/ The Senate 2 senators per states => 100 senators Eligibility: At least 30 years old, a US citizen for 9 years and living in the state where elected. Mandate: Elected for 6 years. But every 2 years, a 1/3 of the Senate is re-elected in odd/uneven years => a very good stability in the Senate. c/ The powers of Congress Congress is at the heart of national politics, it is the main body which legislates. HOWEVER, the founding fathers were very much afraid of tyranny, so they made the prerogatives of Congress very clear. The powers of Congress are enumerated in Article 1, section 8 of the Constitution: - To lay and collect taxes, - To coin money, - To declare war, - To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers = the elastic clause. The explicit (=enumerated) powers of Congress: A strong financial power: not a single dollar can be spent without Congress consent. It can also regulate commerce, has power over federal courts, as well as some responsibilities in Foreign Affairs, a power it shares with the President. It can create an Army and declare war. However, since 1789, the US has been involved in around 170 armed conflicts and Congress only declared war 5 times. The implied powers of Congress: The last section of Article 1, Section 8 (the elastic clause) gives a greater, non-written power to Congress to vote any laws it deems (juger) necessary (some polemics). The non-legislative powers: Congress has the power to impeach (mettre en accusation) any federal official (Article 1, Section 2), The power to ratify treaties, The power to propose amendments to the Constitution, The power to confirm nominations, The power to elect the President in case of lack of majority. Dokeos, System of checks and balances, tableau 2) The Executive branch a/ introduction Since the beginning of the Republic, Americans have been suspicious of strong presidency. Eligibility: To be elected, a candidate must be at least 35 years old, born American, living in the US for 14 years. Mandate: Elected for 4 years through the Electoral College, for 2 terms max. b/ The powers of the President The office of the US President: one of the strongest in the world. The legislative powers of the President: - presides over the federal government,

- makes sure that laws are respected (Article 2, section 3), - can veto a bill (his veto can be overcome by the 2/3 of each Chamber). - can also propose a bill. Most of the bills actually come from the Executive. - also at the head of a political party, which means that he can influence public opinion which can, in turn, influence the legislative. The judicial powers of president: - can appoint all of the important federal officials (the federal judges, including those of the US Supreme Court, though they need to be confirmed by the Senate). - can also grant pardons (accorder des graces prsidentielles) for federal crimes (= dlit et se pronounce crayme) (now generally a sentence reduction). Foreign Affairs (affaires trangres): - in charge to the relations between the US & foreign nations. - Appoints ambassadors, Secretaries (= ministers) and consuls (to be confirmed by the Senate). - With his Secretary of State (=minister of Foreign Affairs), he implements a Foreign Affairs policy (une politique quil applique, different du monde politique = politics). He also negociates treaties with foreign nations (these treaties become law when ratified by 2/3 of the Senate). c/ The constraints & limits to the Presidential power Congress can overcome the Presidents veto, which is a serious limit to the Presidents power. Another limit is Impeachment (mise en accusation). Used 3 times: - Andrew Johnson was the 1st US president to go through this process in 1868, but was acquitted with only one vote from the Senate. - In 1974, Richard Nixon resigned before the end of the process (Watergate). - In 1998, the House of Representatives voted in favor of Bill Clintons impeachment, but the Senate acquitted the President (Monicagate: the President lied under oath). The limit imposed by bureaucracy: A heavy and large bureaucracy is an obvious limit. Through the President has the power to appoint key members in any administration, the weight and delay of administration is a serious impediment to quick action. The limits imposed by federal courts: Federal courts have the power to limit the power of the President. The US Supreme Court decision Marbury vs. Madison (1803) legally established the possibility to appeal any decision or action of the President. But as the power, they rarely use it, even if the Presidents actions are unconstitutional (cf Bush administration). The media & public opinion: - Without a favorable public opinion => difficult for a President to implement anything. Losing confidence can have adverse effects. - The media can exercise a strong pressure on the President => The President is subject to a strong influence. => The US Presidency is paradoxical: the President is both strong and weak. [Media ne prend pas de s au pluriel] c/ The role of the President Greatly increased since the singing of the Constitution for many reasons. - 1st, the growing importance of the US on the international scene put the US President at the forefront of major world events. - Next, the increasing importance of administrative offices => the President nearly delivers opinions on all areas. - Finally, The President can directly appeal to the public through a direct use of the media (TV, radio & the Internet): the link between the President & the public is tighter than ever. The major roles of the President: - Crises (craysis) manager: in cases of conflicts, riots, disasters or catastrophes, the President is supposed to manage the situation. - A national symbol & leader: unifies the country & embodies the American Dream; at the head of politics & diplomacy, he is at the origin of most of the legislative initiatives and US policies. - Conciliator: reconciles different interest groups and creates political alliances.

- Administrator: at the head of 400 advisers & consultants (forming the EOP (Executive Office of the President) & 15 different Secretaries (=ministres). e/ The Vice President Eligibility: at least 35 years old, a US resident for 14 years. Elected with the President on a ticket. Constitutionally speaking, his role is to replace the President in case of death, resignation, or impeachment. Article 1, section 3 stipulates that the VP presides over the Senate. He has no vote, except in cases of perfect equality. He also presides over the official counting of votes during the Presidential elections (just a formal ceremony). His role is thus very limited. Until recently, the VP had a backstage role, but under Dick Cheney, the VP took on a more central role. 3) The Judicial branch The US Court System consists of 2 separate & interacting jurisdictions: one at the federal level & one at the state level. This double structure: workable because of the supremacy clause (Article 6) => the laws (or treaties) passed by Congress take precedence over any state constitution or law. The US court system divided into 3 types of courts: a/ Article 3 courts They derive their power from Article 3 of the Constitution which provides for a Supreme Court & the lower level of federal judicial structure. All federals judges are appointed for life or for fixed term by the President, with the advice & consent of the Senate, and hold office during good behavior => federal judges can only be removed from office through impeachment and conviction by Congress of Treason, Bribery, or other High Crimes and Misdemeanors. The federal judiciary is a 3-tier system, a sort of pyramid with the US Supreme Court at its apex, then 12 circuit courts of appeals and lastly 94 district courts.

The federal judiciary system: The US Supreme Court => 12 circuits Courts Appeals => 94 District Courts. First level: US District Courts: 94 districts courts in the US. Trial courts of federal judiciary: jurisdiction in cases where a federal law, the Constitution or treaties apply. Both civil & criminal cases at first instance. 2 types of juries (or pretty juries) and grand juries. Second level: the Circuit Courts of Appeals: 12 circuits of appeals (11 + 1 D. C). For each circuit, there is a federal court of appeal, called the circuit court of appeals, for ex. The Courts of Appeals for the First Circuit. Circuit justices decide on errors of law (or mistake of law), and finding of facts (or issue of facts) established at first instance. No juries in these courts. US circuit courts of appeals have appellate jurisdiction and hear appeals from district courts in their circuits. Also hears specialized appeals dealing with patent law & decisions rendered by the Court of International Trade and the Court of Federal Claims. Third level: the US Supreme Court: (also known as the High Court/ the Court/ The Highest Court of the Land or the acronym SCOTUS). The ultimate arbiter of Constitution. The importance of the Constitution in all areas of American law cannot be emphasized enough. So, the fact that SCs interpretations of this fundamental instrument are binding precedents for all American courts, combined with the power of judicial review, confers on this Court substantial power over all other branches of federal (and less importantly state) governments. The SCs jurisdictions: It has original jurisdiction in cases affecting ambassadors, public ministers and in lawsuits where a state (or more) is a party. Original jurisdiction means that a case can be heard for the 1st time. In these cases, these SC acts like a trial court. However, the use of this jurisdiction is extremely limited and rarely used (less than 200 cases since the SC was created in 1789). But it is primarily an appellate court. With MArbury vs. Madison (1803) and Martin vs. Hunters Lessee (1816): the Court was entrusted with maintaining the consistent and orderly development of federal law.

One of the most important questions during presidential elections is: what will be the imprint of the future president on the US Supreme Court? One of the main stakes for a President is to manage to appoint one or several justices. Justices: appointed by the President, have life tenure. 8 associate justices + 1 chief justice. The appointment is made with the advice and consent of Congress which is given or with drawn after a procedure called confirmation hearings, undertaken by the Senate Judiciary Committee. Cf 2 schools of thought (original intent vs. Constitution as a Living Document). Current composition of the SC: Chief Justice: John G. Robets (appointed by G.W. Bush, 2005) Associate justices: Antonin Gregory Scalia (appointed by Ronald Reagan, 1986) Anthony Kennedy (appointed by Ronald Reagan, 1988) Clarence Thomas (appointed by Georges H.W Bush, 1991) Ruth Bader Ginsburg (appointed by Bill Clinton, 1993) Stephen Breyer (appointed by Bill Clinton, 1994) Samuel Alito (Georges W. Bush, 2006) Sonia Sotomayor (appointed by Barack Obama, 2009) Elena Kagan (appointed by B. Obama, 2010) Procedures to appeal to the SC: Direct appeal: these have been greatly limited today, the SC rejects 90% of direct appeals. A petition for a writ of certiorari: Someone can submit a writ of certiorari (latin for to be informed of or to make more certain), but the Court has the discretion to refuse to review the case (discretionary power). One essential condition for granting revision is that the petitioner has exhausted all other legal remedies. And of course, the issue must involve a federal question of substance. 4 of the 9 justices must vote in favor of the writ for it to be accepted (= the Rule of Four). Of the 7,000 appeals or writs they receive every year, they only review 90/100 of them. The general procedure of the SC: After the decision to accept a case, oral arguments are scheduled and both sides submit legal briefs presenting the different legal arguments that the Court will study. The parties must also supply all court records of prior procedure (on the record arguments). 30-minute hearings are held for each side. Deliberations Then, the justices give their decisions => Opinions. Opinions: Majority opinions: by at least 5 members. There may be other opinions written. They dont have to agree with one another. Concurring opinions: a justice might agree with the outcome but may not fully agree with the legal reasoning used. In this case, the justice may write their own opinion explaining their own legal reasoning for the out come. Dissenting opinions: the justices may disagree with the outcome of a case and write such an opinion to have their voices heard. => The practice of not speaking in only one voice makes it difficult sometimes to see the legal points. However opinions (and especially dissenting opinions) are extremely well-written documents which offer a large quantity of legal knowledge or doctrine for judges, lawyers, and law students. b/ Article 1 courts Article 1 of the Constitution defines a certain number of areas which fall within the scope of the federal government (bankruptcy, finance and banking, organizing the military, and intellectual property). Congress set up courts to regulate and punish infringements on federal laws: - Magistrates Courts - Bankruptcy Courts - The US Court Appeal for the Armed Forces - The US Tax Court - The US Court of Appeals for Veteran c/ Special courts (The US Court federal Claims & The US Courts of international trade)

Jurisdictions of federal Courts: The federal question: Federal courts have jurisdiction in cases involving the Constitution, federal laws and treaties. This does not mean that state courts are not allowed to interpret the Constitution but, if they do, their decision is not final and can be reviewed by the federal courts. It is clear that federal courts and state courts have areas of concurrent jurisdiction. Lecture 4: State institutions As you know, each state has its own government, its own court system, and its own constitution. Most state are divided Diagram of a standard state government State court system: There are more than 50 different court systems, they were created by either the Federal Constitution or state constitutions. Roughly, a three-tier system. 90% of legal cases in the US go through state courts. General Organization of State Courts Lowest level: Trial Courts: (limited jurisdiction & general jurisdiction): all kinds of names: courts that we see on TV, in movies. For the trials of general jurisdiction: a judge, witnesses, evidence hearings. Not for trial courts of limited jurisdiction: a single judge and no jury. If you lose your case, you can appeal to an intermediate court (The Court of Appeals). Intermediate level: the Court of Appeals: Do not try cases (no jury, no witnesses, no evidence hearing). An appeal heard by a panel of 3 judges, listen to the oral arguments from lawyers and read trial transcripts (=> on the record arguments). The goal of these courts is to check whether the trial judge made a reversible error, it is here to police the trial judge, to fix any problems and make sure that each party had a fair trial. If you lose at that level, you can try the State Supreme Court. Highest level: State Supreme Courts: The CA & SC are appellate court (different of trial courts): only deal with on the record arguments. But function of the SC is different from the Courts of Appeals. The role of the SC is not just to fix routine errors (role of the CA), the justices have total discretionary power. They DONT HAVE TO listen to any case. Their role is not just to fix errors, it is to set the law in their jurisdiction and to make it clear to lower courts, especially when several courts of appeals reached different decisions on similar cases (=when there is a split of authority). They run the entire judicial system: whatever they say binds every court in their jurisdiction, it is the ultimate arbiter of what the law means. How do federal & state courts interact ? People usually think that the US SC is the ultimate legal resort (a US saying: if you lose at the US SC your only appeal left is to GOD) However, it is wrong to assume that if you lose at the State Supreme Court, you can go to the US Supreme court, there is a wall between the State and federal levels. They are 2 different and separate systems. The US SC can only review state cases involving federal law; otherwise, it is not possible. For most matters, the highest courts are State SC. Federal courts have limited jurisdiction, only 2 types of cases: - diversity of citizenship cases (parties coming from different states. - federal questions (US Constitution, treaties or US laws). So, the jurisdiction of state courts extends to all cases which do not fall within the exclusive jurisdiction of federal courts. However, state and federal courts have concurrent jurisdiction on some diversity of citizenship cases (when less than $75,000 is claimed for damages (avec un s signifie des dommages et i%, sans s= dgts) in civil cases) and in nearly all federal questions. So, plaintiffs can decide which court is best for them (=a process called forum shopping), considering such things as the proximity of the court, and differences in the judges or jury panel.

Lecture 5: Criminal Law & Procedure In the Us most crimes (dlits) are defined at local and state levels. May be significant differences from 1 state to another: some have death penalty or have three strikes statutes (3 strikes and youre out), while others do not. A key concept of the US procedure is the adversarial system: the interests of both parties must be balanced and each must have a fair say with the possibility to challenge ones opponent => the rules of criminal procedure aim at ensuring due process of law, in relation to the rights of the defendants. Most of the protections => 4th, 5th, 6th, 8th Amendments. State crimes vs federal crimes: State crimes: In most states, crimes are divided into 2 major categories: - felonies: (serious crimes for which the defendant may incur a prison sentence of more than a year or death): _ violent crimes (murder, sexual assault, rape, robbery) _ property crime (burglary, larceny, arson forgery) - misdemeanors: (non-serious or pretty crimes for which you can get a sentence of less than one year and/or a fine). Some states (like California) have 3rd category: wobblers. A wobbler is a crime that the judge has discretion to make either a misdemeanors or a felony. Federal crimes: In accordance with the Constitution, federal crimes are offenses whose consequences extend beyond state boundaries or other wise affect the nation at large. Power to investigate federal crimes has been conferred to the FBI. The list of specific federal crimes involves: assaulting federal employees, counterfeiting or smuggling illegal firearms to racketeering, drug conspiracies or sexual exploitation of children in interstate commerce. Crimes committed on US property or against federal agents come under federal jurisdiction. 1) Pre-trial procedure In criminal cases, the state brings an action against a defendant or a co-defendant for committing an offense. The whole process starts with the work of the police and is subject to statutory ad constitutional safeguards. Police proceedings: Police have power to enforce the law and investigate crimes but many constitutional restrictions govern the way they carry out their duties. Probable cause to believe that criminal activity has occurred is required to make a lawful arrest under the Constitution. The police can only arrest people when they have good reasons to suspect them of criminal activity. Mere hunches or unreliable information do not satisfy probable cause. A person cannot generally be arrested for failing to answer police questions in the absence of probable cause. However, a police officer can carry out a stop and frisk when there is reasonable suspicion that criminal activity is going on. The reasonable suspicion standard is easier to meet than probable cause. If a person is placed in custody, the police must give that person a Miranda warning. If police overlook that rule, any evidence given by the defendant will be considered fruit of the poisonous tree and be inadmissible at trial. This requirement refers to a US SC decision (Miranda vs Arizona, 1966, which established a number of rights that police must read to a suspect immediately upon arresting them: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to a lawyer and to have that lawyer present during any questioning. If you cannot afford an attorney, one will be provided for you, if you choose to talk to the police officer, you have the right to stop the interview at any time. These requirements reflect specific clauses of 5th & 6th Amendments. Unreasonable searches are prohibited by the 4th Amendment. Although a few exceptions have been recognized, a search is valid only as long as police have probable cause to think that evidence will be found, or if a warrant has been issued by a judge.

Charges: When a suspect has been arrested, an arrest report is sent to the persecutor, who represents the state and usually has to decide whether or not to charge the case. At the local level, public prosecutors are generally called State Attorneys or District Attorneys (D.A.s). Arrested people must be arraigned (= brought before a judicial officer) as soon as possible so that they may be informed of their rights and a date be set for a hearing. Bail: Rule against excessive bail => 8th Amendment. Bail refers to the security which can be given for release of a defendant prior to trial on promise that the defendant will appear in court when ordered to do so. Granting or denying a bail application and setting the amount of bail are decisions made by the judge at the arraignment. If bail is granted and the defendant appears in court, the money will be refunded (10% will be kept). Conversely, if the defendant fails to appear, the court keeps the bail money and issues an arrest warrant against the defendant. Plea Bargain (marchander): During the initial stages of the prosecution, the state may offer the defense either a lesser charge or a lesser sentence in exchange for a guilty plea and sometimes other conditions. When arraigned, the defendant is asked to : - enter a plea of guilty or not guilty. - or 3rd option known as no contest (nolo contendere) = if accused does not challenge the facts but does not admit guilt. Difference between a guilty plea and nolo contendere: the former bars the possibility of denial in any other proceedings involving the same act. A plea bargain is a sort of contract in which each party must comply with the duties of their side of the deal. Thats why a breach may lead to the cancellation of the bargain. 2. Preliminary hearing & pre-trial motions After arraignment: possible for the parties to bring pre-trial motions before the judge. These motions raise questions about the scope of the case and about evidence that can be used or witnesses that can be heard. The defense can bring a motion to dismiss the charges when they believe that the prosecutions case is too weak or legally questionable. Both sides have to provide the evidence they will present in court, they have to show their cards before the trial. So-called unfair surprises in course of trial are contrary to the concepts of fairness guaranteed by the adversarial system => the disclosure phase. After the disclosure phase, parties may file pre-trial motions, especially asking the judge to rule against the admissibility of a given piece of evidence. Ex: The defense in a drug case can bring a motion to suppress incriminating evidence under the 4th Amendments searches and seizures rules, when evidence has been obtained through unlawful means => an exclusionary rule can be invoked. (other motions possible: motions for discovery of evidence, motions to exclude a witness, motions for a change of venue). Jury selection: Not all cases are tried by jury (No jury for petty offenses or minor federal offenses). While the US Supreme Court and the Court of Appeals do not use juries, federal District Courts and state trial courts do. They depend in jurors, who are randomly selected from a pool a registered voters and people with drivers licenses to ensure a cross-section of the population. Being selected in this way is known as being summoned. When summoned, a juror must complete a questionnaire to determine if there is any reason he or she can be disqualified from serving. A summoned juror will not automatically have to serve on a jury. However, he or she will likely have to go to the courthouse and undergo a process called voir dire, where judges and lawyers question potential jurors to determine if theyre fit to serve and if they will be impartial jurors. People will past experience with alleged crime, knowledge of either party of who have obvious prejudices may be prevented from serving (The last jury lire).

There are 2 types of juries on which private citizens may be called to serve. A trial jury, also known as a petit jury, is made up of six to 12 people for a civil trial and 12 people for a criminal trial. A grand jury is a panel of 16 to 23 people who determine whether there is probable cause to charge someone with a crime. It the case goes to trial before a jury, the defense and the prosecution both take part in the process of jury selection (voir dire) through the exercise of challenges allowing them to reject potential jurors. There 2 types of challenges you can use to try to form an impartial jury. A peremptory challenge usually refers to a right for the defense and the prosecution to reject, without giving any reason, a certain number of potential jurors who appear to have an unfavorable bias. They are limited in number. A challenge for cause (not limited in number) refers to the right to reject a potential juror by giving a reason. 3) Trial procedure Downloading the picture. Dokeos The trial begins with the parties opening statements. The prosecution is heard 1st and presents its perspective on the case, what it intents to establish, and the evidence it plans to use against the defendant. It is then the turn of the defense to make its introduction speech. The prosecution calls its witnesses. The defense may cross-examine each witness. Then, it is the turn of the defense to present its witnesses for examination & cross-examination. (evidence = indnombrable donc pas de pluriel, il faut mettre piece of devant pour avoir un pluriel). When the evidentiary phase completed => closing argument. The judge instructs the jury as to the legal rules they need to follow in making their decision. When the jury returns from deliberations, the jury foreperson announces the verdict: either guilty as charged, or guilty on some of the charges, or guilty of a lesser offense, or not guilty. When a jury has failed to agree on a verdict, it is called a hung jury (6 contre 6 = galit) and the outcome is a mistrial. A mistrial occurs when a trial cannot be carried to completion because of a procedural flaw or a hung jury => the case can be retried or the charges dismissed. When the defendant is convicted the case moves on to the sentencing phase. Acquittal is final is the US. Sentencing phase: All issues relevant to the determination of the sentence (background of the offender, any prior convictions, and the circumstances of the offense) => use of mitigating factors/circumstances (circonstances attnuantes). A very broad range of sentences is available to courts: - Fines - Community service - A probation sentence (mise en libert surveille) - A deferred of suspended sentence - Mandatory sentence - Cumulative sentence - Life sentence - Life sentence without parole - Capital punishment/death penalty Dokeos : tableau tout en bleu. Post trial procedure : The losing party may file for an appeal. The likely outcome will be 1 of the following 4 options: The lower courts decision may be affirmed. The case may be remanded = when the case is sent back to a lower court for a new trial. The judgment or opinion may be vacated = when a higher court replaces a loxer courts decision with its own: the previous opinion/ judgment has then never existed and cannot be used as authority when deciding similar future cases. The lower courts ruling may be reversed.

Lecture 6: Civil Law & Procedure Civil law deals with tort: libel, trespass (entre illgale), injury (intentional or by negligence), and breach of contract. It includes: contract law (sale of goods, employment, loaning of money, providing of services), tort law (rights & duties bet. parties, not bound by a contract), real estate law, family law, intellectual property and business law. Civil law is primarily concerned with monetary compensation known as damages = courts orders or injunctions. In a civil case: the plaintiff sues the defendant to enforce a private right or to seek compensation for some harm/loss. So, a civil case is about who is liable (=responsible) for the plaintiffs injuries/loss. Differences between criminal law & civil law: Criminal case: the state (represented by the District Attorney) wants to punish someone for breaching public peace. civil case: between private parties to get compensation for some harm, done willfully or by negligence. Sometimes both at the same time (muggler) The burden of proof: - in a criminal case: the prosecution needs to prove the guilt of the defendant beyond reasonable doubt => if you lose: jail time and/or criminal record. - In a civil case: you need preponderance of evidence (51% of certainty) => if you lose, you lose money. Procedure: Before taking a case to court => a demand letter seeking an out-of-court resolution of dispute. If the plaintiff wants to proceed through a formal court action => file a normal complaint stating clearly the cause of action and the nature of the claim. A summons is then served on the defendant. The response may be an admission of liability or a denial of the facts, and even sometimes counterclaims against the plaintiffs. This initial step is called pleadings (= defining the scope of the lawsuit and the exact legal issues raised). A pre-trial conference called by the a judge if the parties fail to agree on the issues of the case. And sometimes cases can be solved at that moment. If not => discovery and investigation phase = mean to obtain facts & info: includes depositions. It also includes an expert discovery phase (with expert doctors), if necessary. The huge majority of civil law suits filed in the US (90%) are settled before the actual trial, usually through some form of Alternative Dispute Resolution (ADR) such as mediation, arbitration, or out-of-court settlement negotiations. A settlement can be reached by the parties at any time following the beginning of a civil action. If there is a trial, pre-trial motions possible (cf criminal law). Trial: A judge or a jury must decide whether the defendant is liable for the harm sustained by the Plaintiff on a preponderance of evidence. Same as in a criminal case (each party presenting the case, examination & cross-examination of witnesses, jury verdict). However, there is no plea bargain(ing) in civil law. The post-trial (appeals) procedure is the same as for criminal law. Lecture 7: Legal practice in the US Legal education: The practice of law is controlled by the 50 states and their respective bar associations. To study law: => 1st, get an undergraduate degree, usually a Bachelors degree of Arts (BA) or Bachelor of Science (BS) (4= years of college- 2 years of General required classes + 2 years of specialization with a major). => Then, you apply to a law university program and take the standardized LSAT (Law School Admission Test). It usually takes 3 years of full-time work to receive a law degree, known as Juris doctor (JD) => take the bar examination in a state. Upon admission to the bar, lawyers normally take an oath declaring their obligation to the courts, to the state and federal governments as officers of the court. They must register with the court to receive their license to practice.

Legal practice & profession Us lawyers are qualified for all profession in law (they may choose between different careers). They can be: - Corporate counsels (or in house counsels) if they work as employees for corporation/businesses. - Prosecutors if they work for the government. - Judges (chosen by nomination or elected after several years of experience). - Law professors - Work in private practices as sole practitioners or in a law firm. What do lawyers do ? Their tasks may include: - To investigate fact, interview, & prepare witnesses, - To do legal research and maintain professional and legal ethics, - To advise, give legal advise, counsel, - To litigate (ie, appear in court, plead, advocate), - To prepare written pre-trial pleadings, assist and prepare cases for trial, - To draft legal documents or legal instruments (such as wills or real estate transactions), - To negotiate with opposing counsel. Fee arrangements: - Flat fee: a negotiated fee for specifically defined work (ex: uncontested divorce) - Hourly fee: the most typical fee (depends on the amount of time spent on a case & use of extra staff) - Referral fee: a lawyer may transmit your case to another lawyer and ask for a portion of the total amount billed by the lawyer who takes the case - Retainer fee: a down payment (= a fixed sum) to reserve a lawyers services - Statutory of fixed fee: fees set by a legislative body or a court. - Contingency fee: the fee depends on the result of the case. If the case is won, the lawyer gets paid. If not they dont get paid. Risky for the lawyer.

Modalits dexamen : - concernant la fiche optique : uniquement un stylo bille ou une pointe feutre noire ou vleu uniquement. Il faut colorier la case. Si on se trompe il faut corriger en remplissant la nouvelle rponse sur la deuxime ligne - pour ce qui est de la partie de Madame Serac : 1 point par rponse correcte, parfois toute les rponses sont possibles. Commencer par cette partie parce que ce nest que du cours !! lautre est diffrente, c'est--dire plus compliqu.