This presentation was developed by theSpecial Court Judges Association of Pennsylvania and the Pennsylvania Bar Association

Presented by (insert your name) District Court # (insert your court)

Law Day 2012

Think back over your day, and all the things you’ve done and all the things you still have to do.

As you think about your day, quickly add up the things you did that involved the law and just get a very rough number of how many of the things that you did were in some way law-related.

Challenge

Roughly, how many things in your day are law-related?◦ Less than 5? ◦ 5-10?◦ 10-20?◦More than 20?

How much of my day is law-related?

Would you be surprised if I told you that you have probably been affected by hundreds of laws today?

What law/s affect/s you when:◦You wash your face?◦Brush your teeth?◦ Turn on the TV?◦Eat breakfast?◦Walk your dog?◦Ride the bus?◦Drive your car?

Law is everywhere

We are a society of laws We live by the rule of law – Not by the rule of man Laws bring order and provide structure Laws apply to everyone – no one is above the law

Rule of Law

Time to celebrate our unique American heritage and way of life

It is not a celebration of lawyers and judges, but of our country’s values and system of government.

What is Law Day?

1958 – Charles Rhyne develops Law Day (1)

President of the American Bar Association Served as Special Counsel to President Eisenhower◦ Worked for many years to eliminate discrimination

Law Day was established by Presidential Proclamation in 1958

Charles Rhyne, Esq.

What was going on…◦Who was the President in 1958?◦What state entered the Union?◦We were in a race to space; what national department

was created?◦What famous singer was inducted into the Army?◦The first Trans Atlantic passenger jetliner service flew

between two cities. Which ones?

1958

A little more history to put it all into context…

Proposed during the “Cold War” with Russia We were fighting the rise of Communism, nuclear

weapons and military might May 1 – “May Day” in Russia and Communist

countries – a day to celebrate the might, power and force of their military to maintain order and to rule the country.

History of Law Day

“The 2012 Law Day theme, No Courts, No Justice, No Freedom, underscores the importance of the courts and their role in ensuring access to justice for all Americans.” American Bar Association President Wm. T. Robinson III (2)

"To ensure many of the rights that we hold important in our society, the road to justice often relies on America's courts.” Pennsylvania Chief Justice Ronald D. Castille (3)

“Our United States judicial independence is one of the crown jewels of our system of government.”United States Supreme Court Justice William Rehnquist (4)

No Courts, No Justice, No FreedomLaw Day 2012

Written in 1787, ratified in 1788 and in use since 1789

Establishes a Federal Government◦Government is structured to share powers between the

national and state governments◦Gives certain powers to each level of government◦Creates a Court System for the national government◦Allows each state to create its own court system

Creates three co-equal branches of Government◦ Legislative – makes laws◦Executive – enforces laws◦ Judicial – interprets laws

United States Constitution

Article III deals solely with the establishment of the judiciary and is the least specific of all of the three branches of government

Section 1 - establishes the Supreme Court and gives power to Congress to establish lower courts◦ Allows justices to serve for life

Section 2 – outlines jurisdiction of the courts Section 3 – gives authority to decide treason

cases

Article III (5)

First constitution was ratified in 1776◦Was the framework for the United States Constitution◦Was replaced in 1790

Establishes a three, co-equal branch government◦ Legislative, executive and judicial

Article V (6)

◦Provides the structure for the state court system◦Establishes a Supreme Court, trial courts and justices of

the peace ◦Establishes the courts’ jurisdictional powers

Pennsylvania Constitution

Criminal - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties (7)

Civil - that part of the law that encompasses business, contracts, estates, domestic (family) relations, accidents, negligence, and everything related to legal issues, statutes, and lawsuits, that is not criminal law (8)

Constitutional law - deals with some of the fundamental relationships within our society. This includes relationships among the states, the states and the federal government, the three branches (executive, legislative, judicial) of the federal government, and the rights of the individual in relation to both federal and state government. (9) Can also include actions involving the federal and state constitutions.

Types of Law

Antoine Jones is suspected of trafficking drugs. FBI and Washington D.C. Police want to monitor Jones. They install a GPS (global positioning system) to Mr. Jones’ car while parked in a public parking lot without a warrant. (10)

U.S. v. Jones, 615 F. 3d 544 (2012) (A)

Discussion questions:◦What type of law is at issue?◦ Is this a Federal or State case?◦What do you think is the outcome?

You decide….

4th Amendment to the Constitution◦ Included in the Bill of Rights◦Ratified December 15, 1791

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

United States Constitution

Should a minor (someone under the age of 18) be allowed to purchase/rent a violent video game? (12)

Brown v. Entertainment Merchants Association (B) 131 S.Ct. 2729, 2011

Discussion questions:◦What type of law is at issue?◦What do you think is the outcome?

You decide….

1st Amendment to the Constitution◦ Included in the Bill of Rights◦Ratified December 15, 1791

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

United States Constitution

A chairlift operator agreed with Lori Chepkevich to stop a ski lift so that her nephew could easily get on. The operator failed to stop the lift and Lori fell; she dislocated her shoulder and fractured her hip. She wishes to sue the resort for her injuries.◦ She had purchased a season pass which stated that the

Pennsylvania Resort is not liable for any injuries while using the facilities

Chepkevich v. Hidden Valley Resort, L.P. (C) 607 Pa. 1, 2 A.3d 1174, PA. June 21, 2010

Discussion questions:◦ What type of law is at issue?◦ What do you think is the outcome?

You decide….

Comparative Negligence – 42 Pa.C.S. §7102(c)◦ Also called Pennsylvania’s Skier’s Responsibility Act◦ (a) General rule.--In all actions brought to recover damages for negligence

resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

◦ (c) (1) The General Assembly finds that the sport of downhill skiing is practiced by a large number of citizens of this Commonwealth and also attracts to this Commonwealth large numbers of nonresidents significantly contributing to the economy of this Commonwealth. It is recognized that as in some other sports, there are inherent risks in the sport of downhill skiing.

◦ (2) The doctrine of voluntary assumption of the risk as it applies to downhillskiing injuries and damages is not modified by [42 Pa.C.S. § 7102] (a) and (b). (13)

Pennsylvania Supreme Court

Release of Liability◦A waiver or release gives up a right, such as releasing

one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. Some activities are considered inherently dangerous, and those who participate in such activities may be required to sign a release form, acknowledging that they are assuming the responsibility for their voluntary participation in such activities. The release acts as an assurance to the person requesting the release that they will not be subjected to litigation resulting from the signing party's informed and consensual acts. (14)

Pennsylvania Supreme Court

A Pennsylvania driver is stopped for having objects hanging from the inside central rearview mirror. He is found to be driving under the influence of a controlled substance and charged with DUI.

Commonwealth of PA v. Zaid Shabazz (D) 18 A.3d 1217 (2011, PA Super 81)

Discussion questions:◦What type of law is at issue?◦What do you think is the outcome?

You decide….

75 Pa.C.S.A.§4524(c) Windshield obstructions and wipers Other obstruction.--No person shall drive any motor vehicle with any object or material hung from the inside rearview mirror or otherwise hung, placed or attached in such a position as to materially obstruct, obscure or impair the driver's vision through the front windshield or any manner as to constitute a safety hazard. (15)

75 Pa.C.S.A.§6308(b) Authority of police officer Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title. (15)

Pennsylvania Superior Court

Law Day 2012 QUESTIONS?

(1) DC Bar. Legends in the Law. Retrieved February 27, 2012 from http://www.dcbar.org/for_lawyers/resources/legends_in_the_law/rhyne.cfm

(2). American Bar Association. Law Day 2012 Planning Guide 2011. Retrieved February 27, 2012 from http://www.americanbar.org/content/dam/aba/images/public_education/law_day_2012_planning_guide2.pdf

(3). Pennsylvania Bar Association Quarterly. Justice Unfunded – Justice Undone? Assuring Sustainable Funding for our Courts January, 2011. Volume LXXXIII, No.1, p.5. Retrieved March 22, 2012 from http://www.pabar.org/pdf/6517%20pabar%20jan%202012_revc.pdf

(4) Federal Judges Association. Young Scholars. Retrieved February 27, 2012 from http://www.federaljudgesassoc.org/scholars/

Bibliography

(5) National Constitution Center. Interactive Constitution. Retrieved February 28, 2012 from http://ratify.constitutioncenter.org/constitution/details_explanation.php?link=091&const=03_art_03

(6) Constitution of the Commonwealth of Pennsylvania 1776. Retrieved February 28, 2012 from http://www.duq.edu/law/pa-constitution/constitutions/1790.cfm

(7) The Free Dictionary by Farlex. Retrieved February 28, 2012 from http://legal-dictionary.thefreedictionary.com/crime

(8) The Free Dictionary by Farlex. Retrieved February 28, 2012 from http://legal-dictionary.thefreedictionary.com/civil

Bibliography (continued)

(9) Cornell University Law School. Constitutional Law. Retrieved February 28, 2012 from http://www.law.cornell.edu/wex/Constitutional_law

(10) State Bar of Wisconsin. GPS tracking: U.S. Supreme Court lays foundation for future Fourth Amendment cases. Joe Forward (February 15, 2012). Retrieved February 29, 2012 fromhttp://www.wisbar.org/AM/Template.cfm?Section=InsideTrack&Template=/CustomSource/InsideTrack/contentDisplay.cfm&ContentID=108991

(11) Bill of Rights Institute. The Bill of Rights of the United States of America (1791). Retrieved February 29, 2012 from http://my.billofrightsinstitute.org/page.aspx?pid=463

Bibliography (continued)

(12) The New York Times. Justices Reject Ban on Violent Video Games for Children. Adam Liptak (June 27, 2011). Retrieved February 29, 2012 fromhttp://www.nytimes.com/2011/06/28/us/28scotus.html?pagewanted=all

(13) Onecle. Comparative negligence - 42 Pa. Cons. Stat. § 7102

Retrieved February 29, 2012 from http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.071.002.000.html

(14) US Legal.com. Definitions. Retrieved February 29, 2012 from http://definitions.uslegal.com/w/waiver-and-release-from-liability/

(15) Pennsylvania General Assembly. Consolidated Statutes

(see title 75) . Retrieved February 29, 2012 from http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm

Bibliography (continued)

(A) United States vs. Jones http://www.supremecourt.gov/opinions/11pdf/1

0-1259.pdf (B) Brown v. Entertainment Merchants Association http://www.supremecourt.gov/opinions/10pdf/0

8-1448.pdf (C) Chepkevich v. Hidden Valley Resort, L.P.

http://www.pacourts.us/OpPosting/Supreme/out/J-6-2008mo.pdf

(D) Commonwealth of Pennsylvania v. Zaid Shabazz http://www.pacourts.us/OpPosting/Superior/out/

s16024_11.pdf

Bibliography (continued)