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Hollywood and the Law:

Hollywood and the Law:. An Introduction to the American Legal System (ALS). Perception: What does Hollywood Get Right?. Basic elements of the criminal ( and to lesser extent ) civil trial “in court” process Essential roles of the parties in our adversarial legal system

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Hollywood and the Law:

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  1. Hollywood and the Law: An Introduction to the American Legal System (ALS)

  2. Perception: What does Hollywood Get Right? • Basic elements of the criminal (and to lesser extent ) civil trial “in court” process • Essential roles of the parties in our adversarial legal system • Prosecutor / Plaintiff as burden holder • Defense as burden “buster” • Defendant as presumed (????) innocence

  3. Perception: What does Hollywood Get Right? • Essential roles of the parties in our adversarial legal system • Judge as referee and gate keeper • Witness as provider of fact • Bailiff as judges bouncers • Court reporter as record keeper • Jury as trier of fact

  4. Perception: What does Hollywood Get Right?

  5. Reality: What Hollywood Leaves Out Facts about the ALS: • 80% to 90% of lawyers never step inside a courtroom; their job is to keep clients OUT of court • 85% to 95% of civil lawsuits or criminal cases go to trial. • Most civil cases will end in a settlement • Criminal cases will end in a plea bargain • The courts shows on T.V. are mostly trial courts; the AJS is a complex system of courts with very defined roles: each court has a complex series of rules • A trial can be decided by either a jury or judge

  6. Reality: What Hollywood Barely Touches On… Facts about the American Judicial System • Federalism, a core concept of American government allows for three essential courts systems • Municipal (city/ township/ county) • State (PA /NJ) • Federal (US) • Different levels of review existence with these systems • A trial level (finder of fact) • Appellate levels (reviewers of law)

  7. Reality: What Hollywood Vaguely Represents Facts about the Trial Process • Trials are govern by a complex series of rules: • Analogy: the professional football players playbook • Rules of Civil Procedure • A full year course during 1st year of law school • Governs all pre, during and post trial motions • Rules of Evidence • A full year course during 2nd year of law school • Governs what is admissible into a trial

  8. Reality: What Hollywood Leaves Out Facts about the Pre-Trial Process • The adversary system relies upon extensive use of pre-trial discovery procedures • Interrogatives – form survey questions asked of potential witnesses • Depositions- interviews conducted of witnesses • Discovery - affidavits for documentations • The Goal : Settlement before a case goes to trial

  9. Reality: Criminal law and Plea Bargaining • Watch Parts 1& 2 of PBS Frontline The Plea • Answer: • How is this different than what I thought happens in a criminal case? • What is the dilemma of balancing “justice” with efficiency.”

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