Choter 6: Lawyers and Judges Flashcards
requirements to become a lawyer (4)
- undergrad bachelor’s degree
- take LSAT
- law school (3yrs full time)
- take and pass bar exam
Bachelor’s Degree (2)
- no requirement for major
* ABA says degree doesn’t matter
ABA
american bar association
LSAT (6)
- required in order to go to law school
- law school admittance test
- measures skills needed in law school
- no law on test
- good range: 120-180
- can take as many times as you want but after 2x schools may average scores
LSAT areas (5)
- reading comprehension
- drawing inferences
- critical thinking
- analysis
- logical reasoning
law school (4)
- make sure the school is accredited by the ABA
- 205 law schools in US
- tier 1 and tier 2 schools
- ABA doesn’t approve of rankings
examples of tier 1 law schools (5)
- harvard
- ucla
- yale
- columbia
- stanford
bar exam(2)
- 2 days long, 2x a yr
* only held on last tues/wed in feb and july
bar exam day 1 (2)
- 6 essay questions, 4.5hrs
* Multistate Performance Test (MPT), 90mins, fundamental lawyer skills
bar exam day 2 (2)
- Multistate Bar Examen, 200 multiple choice
* must achieve a score of at least 272
example of reciprocity
if you pass the bar exam in PA, then FL will accept the bar examen but you have to pay for a license
pitt, philly, and harisburgh pass results
69%
when you need a lawyer (4)
- going to court
- opening a business
- divorce/adoption/custody
- accidents involving injury or damaged property
how to find a lawyer (3)
- word of mouth & friends
- look on internet
- billboards/tv
how to pay a lawyer (2)
- retainer
* contingency fee
retainer (3)
- down payment on total fee
- pay at first % then do down payments
- big corporrations
contingency fee (2)
- % of client’s winnings (usually 1/3)
* edgar snyder- “no fee unless we get money for you”
working with a lawyer
attorney client privilage
attorney client privilage (2)
- anything you tell lawyer they can’t say to other people
* doesn’t cover to threaten
attorneys
once licensed, must follow The Code of Professional Responsibility
if lawyer goes rogue (3)
- reprimanded
- suspended
- disbarred
reprimanded
verbal or written warning
suspended
can’t practice law for a period of time
disbarred
license taken away bu (in PA) can reapply after 7yrs
judges (3)
- preside over trials and hearings
- protect rights of people
- make sure attorneys follow rules
how to hecome a judge (2)
- federal: nominated by pres, confirmed by senate. . . senate judiciary committee
- PA: elected, partisan election, after 1st yr. . . uncontested retention election
partisan election
candidates must declare a party
article 1
legislative judges serve for limited time periods
article 3
supreme court judges serve for life
cross file
file eith both parties
uncontestes rentention election
yes or no vote without party affiliation listed
when elections occur (3)
- odd number yrs
- madatory retirement age is 70
- can serve as a senior judge if approved
merit selection(4)
- judicial nominating committee selects 3-5 candidates
- state gov makes final selection
- after some time. . . uncontested retention election
- if yes. . . full term, if no. . . process starts over
merit selection process(4)
- screening and evaluation by a citizens’ nominating commission
- nomination by governor
- confirmation hearing by senate
- retention election
national judicial college(3)
- university of nevada at reno
- chief objective - to improve justices through training and education
- can get a masters, PhD, or certificate of completion
when federal judges goes bad
- recall elections
- impeachment
- trial before senate, need 2/3 vote
if state judge goes bad in pa
- judicial conduct commissions investigate and hear testimony
- judicial conduct board presents case to court of judicial discipline
- judges may be impeached by house of reps and convicted by 2/3 senate
