Shift #21 - Law Basics for Non-JD Students Webinar
Wednesday, June 12, 2024 | 12-1:20 pm CST/1-2:20 pm EST (1 hr & 20 min)
Details
Michelle Hurt, student/intern
Jennifer Gonzalez, practicum supervisor
This is a screenshot of participants for the webinar on law basics for non-JD students. As a former political science student in my undergraduate days, I appreciated this refresher!
This webinar was held specifically for the interns in my program, as most of us are not in law school. It has been years since I studied the Constitution and the system of government we have in the United States so I'm glad to have participated in this. Although it seems like basic information, it is not a bad thing - we all need to know the foundation of our country to begin the journey of being well-informed. In this webinar, we learned that the bedrock of our nation lies with the U.S. Constitution - where everything starts. It is the supreme law of the United States and establishes the framework for the federal government (where the constitution delineates power. It also defines the basic rights of citizens, creates a system of checks and balances for a fair and balanced government and sets up the three branches of government. These three branches are the judicial branch (the Supreme Court and lower courts which interpret laws), the legislative branch (Congress which makes laws), and the executive branch (the President and federal agencies which enforces laws and oversees the day-to-day things of being a government). Each branch is distinct with their own responsibilities, but with the ability to limit the power of the other branches. (States have the same kind of set up but with a governor instead of a president.) Documents related to the legislative branch are the constitution, bills and laws, and the congressional record. Documents related to the executive branch are presidential proclamations, the Federal Register, the Code of Federal Regulations, and the Serial Set (House and Senate documents and reports). For the judicial branch, their documents relate to their decisions (which can be found in supremecourt.gov).
We also learned about the differences between the federal system and state system. The U.S. Constitution grants some powers to the federal government but grants other powers to the states. States can make their own laws as long as these do not conflict with federal law (federal law takes precedence if there are conflicts). There are federal initiatives that get pushed out to states. For example, the government can have money appropriated for education but states have to follow guidelines and implement certain rules in order to get funding. States can decide whether or not they want to take federal money if they do not want to comply with federal regulations. Regarding the court system in our country, we have a dual court system - federal courts and state courts, which both have appellate courts for appeals. Federal courts handle cases involving federal law, interstate disputes, and certain international matters. State courts, on the other hand, handle most civil and criminal cases, family law and property law. Lastly, we learned about foreign law and international law, as it compares to our country's court system. The U.S. has a common law system which means that once a case has been decided, it becomes the precedent for that jurisdiction (another district or jurisdiction doesn't necessarily have to follow that other jurisdiction). Other countries have different systems like a civil system - in those countries, there is a civil code and a judge will decide if your facts fall under a certain civil code. So, in a civil system, three different judges can have three different interpretations of the law. Foreign law, next to the U.S. law system, means it is any country's legal system. International law is not actually a law (not in the same way we think of the law). It is a set of rules and standards between sovereign states. It is distinct from domestic law (between a government and its citizens), international law has overarching rules that countries should adhere to. To promote peace and order, countries follow a framework for cooperation and for dealing with disputes, and to protect the rights of states and citizens. International law is there to also facilitate international trade and cooperation and to address global challenges. But did you know that international law has no actual authority for enforcement for any ruling? However, countries can still do certain things to get other countries to comply with international law like diplomacy and negotiations, or political and economic sanctions.
Comments
Post a Comment