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Legal ethics

professional responsibility: an overview

The legal profession has existed for over two thousand years.  From the Greek city-states and the Roman Empire to present day United States, legal advocates have played a vital and active role in the formulation and administration of laws.  Because of their role in society and their close involvement in the administration of law, lawyers are subject to special standards, regulation, and liability. Sometimes called legal ethics, sometimes professional responsibility, the topic is perhaps most comprehensively described as the law governing lawyers.

Since lawyers are admitted to practice by states this topic is largely one of state law. However, as federal courts can and do set their own practice rules and federal agencies do as well, the topic has a federal component, too.

Human rights

human rights: an overview

International human rights law began as a response to the horrors of war, in particular World War II, although the Geneva Conventions had begun earlier. The formation of the United Nations gave human rights international legitimacy, particularly because many nations signed the United Nations Charter, which specifically mentions human rights (Preamble, Chapter I). Since the formation of the United Nations, it has passed many agreements and resolutions binding the signatories to respect human rights. Additionally, it has set up tribunals to charge those suspected of egregious violations of human rights. Furthermore, several other organizations, created by various treaties, have come into existence. The Inter-American Commission on Human Rights, for example, ensures that signatories of the American Convention on Human Rights abide by that treaty. The European Convention on Human Rights binds members of the Council of Europe to the human rights obligations set forth in it. The Convention specifically mentions the Universal Declaration of Human Rights, and charges all signatories with upholding the basic principles of the document. Both the European and American Conventions on human rights have international tribunals in which to bring claims of violations of human rights. Additionally, several African nations have signed the African Charter on Human and People's Rights. Many nations have ratified international human rights instruments put forward by the United Nations. Thus, many human rights instruments, tribunals, and declarations have been created since World War II, some drawing inspiration for early human rights proclamations, such as the Universal Declaration. Human rights continues to be a growing body of international law.

Legal research

legal research: an overview

The purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. Primary authorities are the rules of law that are binding upon the courts, government, and individuals. Examples are statutes, regulations, court orders, and court decisions. They are generated by legislatures, courts, and administrative agencies. Secondary authorities are commentaries on the law that do not have binding effect but aid in explaining what the law is or should be. The resources available to find legal authority are vast and complicated leading many law schools to require students to take a class in legal research. See Legal education

Personal Autonomy

right of privacy: personal autonomy

The right of privacy has evolved to protect the freedom of individuals to choose whether or not to perform certain acts or subject themselves to certain experiences. This personal autonomy has grown into a 'liberty' protected by the Due Process Clause of the 14th Amendment. However, this liberty is narrowly defined and generally only protects privacy of family, marriage, motherhood, procreation, and child rearing.  There have been attempts to further extend the right of privacy under the 1st, 4th, and 5th Amendments to the U.S. Constitution; however, a general right to personal autonomy has yet to take hold beyond limited circumstances.

Admission to Practice

bar admissions: an overview

Admission to the practice of law (admission to the bar of a state) is governed by rules and regulations promulgated solely by a state's courts, legislatures, and/or bar association. The rules must not violate the constitutional requirements of due process and equal protection or be unrelated to one's ability to practice law.

Criminal law

criminal law: an overview

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

Admiralty

admiralty: an overview

Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.

Criminal procedure

criminal procedure: an overview

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes.

Critical legal theory

critical legal studies: an overview

Critical legal studies (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and practice. Proponents of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society. The wealthy and the powerful use the law as an instrument for oppression in order to maintain their place in hierarchy. The basic idea of CLS is that the law is politics and it is not neutral or value free. Many in the CLS movement want to overturn the hierarchical structures of domination in the modern society and many of them have focused on the law as a tool in achieving this goal. CLS is also a membership organization that seeks to advance its own cause and that of its members.

Disability law

disability law: an overview

Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services.

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