THE LEGAL THE LEGAL PROFESSION IN PROFESSION IN

THE UNITED THE UNITED STATES OF STATES OF AMERICAAMERICA

Let’s make a definition…

• Legal profession: the body of individuals qualified to practice law in a particular jurisdiction.

Ex. He was admitted to the bar in New Jersey. (US)

Ex. He was called to the Bar in England. (GB)

I. Law in the United States

• Two levels of law:

-Federal Law: originates with the Constitution. Gives Congress the power to enact statutes for certain limited purposes

-State Law: The fifty American states are separate sovereigns with their own state constitutions, state governments, and state courts.

Attorneys in the United States• United States legal system does NOT

draw a distinction between barristers and solicitors.

• Historically, a distinction was made, and a separate barrister existed in certain states, called counselor.

• Attorneys specializing in court procedure, are called trial attorneys.

• If passed Bar examination and admitted to practice Prosecute or defend in the courts of the state where they were admitted.

• Non-trial attorneys are sometimes called transactional lawyers or corporate lawyers.

• Activities that seldom involve them in litigation.

Ex. Corporate attorneys negotiated the new contract.

• The District Attorney (D.A.) is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also defense attorneys in America who act on behalf of their clients.

• County attorney, state attorney or prosecuting attorney.

• Key figure

• Responsible for the police investigation, guarantor of the protection of the defendant’s rights, fixes charges.

Types of lawyers in the USA

• Attorney-at-law: (Abogado) Officer of a court of law legally qualified to prosecute and defend actions in legal proceedings.

• Attorney-in-fact: (Apoderado, Procurador) Agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal.

• Power of attorney: (Poder Notarial) Authorization to act on someone else’s behalf in a legal or business matter. The person authorizing the other to act is the principal, granter or donor (of the power), and the one authorized to act is the attorney-in-fact.

• Attorney General: (Fiscal General del Estado). Chief legal advisor to the state government and the state’s chief law enforcement lawyer.

• Attorney General of the U.S.A.: (Fiscal General de los EEUU; Ministro de Justicia de los EEEUU). Head of the U.S. Department of Justice concerned with legal affairs and is the chief law enforcement officer of the U.S. government. Also, chief lawyer of the U.S. government.

• Counselor at law: (Abogado, asesor jurídico).One who advises or represents others in legal matters.

• Solicitor General: (Abogado Federal del Estado) Argue for the Government of the United States in front of the Supreme Court of the U.S., when the government is party to a case.

• Prosecutor: (Fiscal) Chief legal representative of the prosecution.

• Bailiff: (Alguacil). Peace officer providing court security.

• Marshal (Oficial del juzgado): assists with court security and prisoner transport, serves arrest warrants and seeks fugitives

The American Bar Association• All the American lawyers are admitted to

the Bar Association of their state and enjoy the legal protection of the court.

• The American Bar Association, or ABA, founded in 1878, is the largest private organization of lawyers and legal professionals in the United States.

II. The jury in the USA "The Trial of all Crimes...shall be by Jury;

and such Trial shall be held in the State where the said Crimes shall have been committed.” (Art.3 of the U.S.Constitution).

• 6th Amendment to the U.S. Constitution: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.“

a) Grand Jury• It determines whether there is

enough evidence for a trial. Grand juries carry out this duty by examining evidence and issuing indictments, or by investigating alleged crimes.

• 12-23 members.

• It has the power to call witnesses to give evidence.

b) Trial by Jury• It’s a fundamental part of the American

justice system.

• Every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury.

• 12 members.

• The majority of U.S. criminal cases are not concluded with a jury verdict, but rather by plea bargain >>> Waiver of jury trial >> Bench trial.

Judges USAChief Justice of the USA• Presides the Supreme Court.• Head of the Judicial Branch of the federal

government.• Nominated by the President of the USA and

serves until retirement, death or impeachment.

Associate justices of the SupremeCourt • 8 of them• Elected by the President• Serve for life• While Deliberating, seniority is important• Retired Associate Justices

Court of Appeal justices

• No entire cases nor jury, just subject of appeal

• 3 or 5 of them consider the appeal and make a judgement

• They can: dismiss the appeal or allow it.

District Court Judges:• Number set by the Congress

• First instance/trial court

• For a life term

• Appointed by the President

•Justices of the peace:• Handle the great mass of cases

• Elected/appointed

• Minor civil matters, misdemeanor and petty criminal cases, officiate at weddings…

“Be you never so high but the

law is above you”