Pre-Law II

Overview of Courts

Pre-trial Procedures

Trial

Criminal Law

Business, Labor, and Consumer Law

Explain the functions of the state and federal, court systems in civil, and criminal proceedings; compare and contrast the subject matter jurisdiction of each system, identifying where the systems overlap; explain venue and how it is determined. 

Explore the different ways media, public opinion and elected officials can affect the civil and criminal justice process; examine high-profile cases that include several examples of how media, public opinion and/or the decisions of elected officials impacted the outcome or deliberation of professionals involved in the case.

Evaluate how the U.S. Constitution, the Bill of Rights, and landmark cases such as Miranda v. Arizona, Weeks v. United States, Mapp v. Ohio, and/or Escobedo v. Illinois have affected the civil and criminal justice system and legal professionals in particular.

Role play or create a scenario whereby a defendant is briefed about pre-trial procedures including, but not limited to arraignment, plea bargaining, grand jury or preliminary hearings. Include a description for each pre-trial procedure as well as the purpose of each.

Describe how a jury is selected for a civil and criminal case. Explain in a narrative the voir dire process, providing examples of situations in which a juror can be dismissed for cause and describing how an attorney might use his or her peremptory challenges to benefit the client.

Research and identify U.S. Supreme Court decisions (such as Batson v. Kentucky) associated with rulings barring the use of race, ethnicity, and other characteristics as a basis for excluding potential jurors. Debate the advantages and disadvantages of the “jury of your peers” system in America. 

Categorize the types of evidence that can be presented in a civil and criminal trial. Differentiate among the various types of evidence and correlate which party (defense or prosecution) has the burden of proof, including the defendant’s burden to prove the defense claimed.

Explain in a narrative the purpose and types of motions and challenges to evidence, including the different elements of a motion and how they are organized. Draft an example of a motion to suppress evidence. 

Determine the role of witness testimony in a civil and criminal trial, including such areas as exchange of information/communication between attorneys, the rules of discovery, and the laws and/or rules of ethics governing communication between witnesses and attorneys.

Investigate news media and professional commentary on how the “CSI Effect” (televised forensic science) has affected the legal system, including a juror’s decision making. Determine whether or not the differences between the portrayal of the justice system in popular media and how the system actually operates have impacted the system’s ability to function effectively.

Describe in detail what happens at each of the following stages of a suspect’s movement through the criminal justice system including which key-players participate in the process:

Define temporary detention; discuss the circumstances law officers must recognize to detain an individual as well as to conduct a frisk. Review the landmark U.S. Supreme Court decision Terry v. Ohio and debate the “stop and frisk” tactics used over the last decade by the New York Police Department and their impact on case outcomes.

Break down rights provided in the Miranda warning and the circumstances under which officers and other corrections authorities are required to read them to an arrested person. Analyze the possible outcomes in a criminal case in the event the Miranda Warning is not given at the time of interrogation. Explore situations in which rights may be delayed or waived, for example, if the suspect is considered an “enemy combatant”.

Define what constitutes a lawful arrest and explain the steps necessary to obtain an arrest warrant. Review and discuss court cases related to unlawful arrests and debate circumstances that should have been in place to make the arrests lawful. 

Analyze how technological advances are changing the landscape of police surveillance. Synthesize research from relevant law journal articles to craft an argumentative essay that discusses potential legal and ethical issues that could arise as technology continues to evolve.

Identify the four types of business organizations and give an example of each from businesses in the area. Describe the structure, advantages and disadvantages of each. Research and present ways legislation affects business organizations in Tennessee. 

Interpret the impact of legislation on worker benefits, employment conditions, and employee rights. Relate the duties of the employer and the duties of the employee associated with the legislation.

Differentiate the law of sales from various sales transaction scenarios distinguishing laws that regulate consumer protection during transactions. Examine consumer credit scenarios that depict the use of credit and the application of laws that regulate consumer credit to illustrate both positive and negative consumer outcomes.

Examine procedures for borrowing money with secured transactions, analyzing types of negotiable instruments including commercial paper. Examine bankruptcy laws. Review cases and asses the application of bankruptcy laws in each case.

Differentiate between patents, trademarks, copyrights, and trade secrets. Give examples of each type of intellectual property. Discuss how each type of intellectual property may be protected.

investigation and arrest;

pre-trial activities;

adjudication;

sentencing; 

corrections and

re-entry.