Intro to Law - Segment One
What is the law?
The Constitution
Statutes
US Code
Local Statutes
Etc
Case Law/Judicial Opinions
Administrative Agencies/Policies
The Constitution
Supreme Law of the Land in the United States
Established in 1789
Flexible enough to be relevant in 2025 but rigid enough to be the base upon which all of our laws are built
Outlines branches of government & balance of powers
Executive
Legislative
Judicial - SCOTUS
Outlined in article 3 of the US Constitution
Bill of Rights
1st 10 Amendments
Based on Life, Liberty, and the Pursuit of Happiness (property)
Supreme Court of the United States (SCOTUS)
Highest Court in the USA
Nine Justices - Including a Chief Justice
Court Packing - Increasing the number of justices on the court
All justices nominated by POTUS and confirmed by the Senate
Lifetime Tenure
SCOTUS has the power of JUDICIAL REVIEW
Supreme Court’s ability to determine if a law is constitutional or not
The Court System
Written judicial opinions
Two Different Spheres
Federal
SCOTUS
Has power over everything both Federal and State
Federal Circuit Courts of Appeal
Different regions
District Court
State
Highest State Court
PA Supreme Court
Intermediate/Appeals Court
PA Court of Appeals
Trial Court
County Courts
Researching the Law
Purpose
Define specific answers to specific legal questions
Most Impactful >> Jurisdiction (Reach of the Court)
Federal law is typically overarching
State Laws
Local Laws
More research is done on state and local laws than federal even though federal law is more overarching
“Expert” lawyer
Juris Doctor (J.D.)
JDs are blanket degrees for any area of law, you cannot get a JD in a specific legal area
Duty to your client (to live up to their expectations)
Technically with a JD you can take any case you want in the state you are BAR certified in, but if you take a case outside your specialty you are EXPECTED to learn and study property law.
Typically most lawyers will refer you to someone who specializes in that field of law
Beware Absolutes
Legal professionals should avoid absolute answers as a general rule
Absolutes are bad business practice
The Court (Judges & Juries) are the ones who decide so even if you think you have a “slam dunk” case, something could go wrong or a judge/jury could rule in the wrong way
Cover your butt
BUT
Can have confidence in your legal interpretation
Can trust your legal research, and your ability to do legal research
Can trust your experience
Can trust precedent
Stare Decisis - “Stand by prior decisions” aka the Rule of Precedent
Best Research Methods
Case Law is the go-to model of research
Revolutionized by the internet (and may even further revolutionized by AI)
Find the “case on point” and then spider web out from that via cases that are mentioned in your point case
Beware
There is an ocean of research and it is incredibly easy to get lost, therefore you must learn the right way as soon as you can in order to make it easier in the future
Utilize trusted sources.
General google/internet searched (wiki) are not trusted sources
While it is not a bad idea to start there, make sure if you are taking information from an untrusted source you are checking it with a trusted source
Legal Research Databases - CALRs (Computer Assisted Legal Research)
“The Big Three”
WestLaw
LexisNexis
Google Scholar
FindLaw
Oyez
Practice makes perfect
The Legal System >>> Participants
Judges
Can be elected or appointed depending on position
Various levels
District Justice
Typically elected
Traffic court, small crimes, shoplifting, etc.
BAR membership preferred, not required (ONLY at this level, every other level the BAR is required)
American Bar Association (ABA)
Each state has their own BAR
Trial Court Judges
Aggravated assault, murder, etc.
Divorce & other civil matters (mostly).
Appellate Panel Judges
Higher State/Federal Appointments
SCOTUS
Primary Role: Authority - In charge of courtroom.
Questions of Law
If evidence can be admitted, if evidence was obtained legally, etc. Determined by judge.
Questions of Fact
Truth or not, was the defendant in X location or not? Is the defendant guilty or not? Determined by jury.
Maintaining order in the courtroom
Judge instructs the jury on the law
Ensures that jury is not tampered with
Attorneys
Legal professionals with authorization to practice law & give legal advice
Authorization comes from the BAR (via a BAR license)
Requirements to become an attorney
Undergraduate degree
Doesn't matter which degree you get for undergrad
FOCUS: GPA (incredibly important)
Graduation from an ABA approved law school
Qualifications (what makes you attractive):
GPA (40%)
LSAT (40%)
Everything Else (20%)
Connections are also important
3 Year J.D.
1L - Weed out year
2L - Flexibility year
3L - Barely there (hands on stuff)
Successful completion of a state BAR examination
Must study
Paralegals
Legal professionals without a BAR license
Can vary incredibly, covers a large gamut of people
Tasks
Legal Research
Legal Writing - Largest job
Case Management
Client Management
Client Meetings
Court Filings
Etc
The “Catch”
Unauthorized practice of law (arguing before a judge, representing a client, etc)
Cannot give legal advice
Qualifications
In general, no license or certification is needed. This doesn’t mean that none exist, they just aren’t required. Gannon University has a paralegal certificate that can be earned and could give you a leg up on other applicants in a law firm.
Benefits of becoming a paralegal
Legal writing skills
On-the-job experience
Legal Secretaries
Very general term, could be considered a paralegal (very blurred line)
More administrative duties than actual legal work
Typically not doing any legal research or writing
Moreso filing motions, maybe making templates
Duties
Prepping of documents
Prep work
Admin duties (internal workings of law office)
Meetings
Answering phones
Runners - actual people running over to a courthouse, has moved more so online (fax, email, etc)
Could be seen as a stepping stone to becoming a paralegal in some law firms
Can include internships
Bringing Legal Actions - Basic Steps (“The Life of a Lawsuit”)
File a complaint @ the courthouse
Complaint: Gives the defendant (opposing party) notice of the grounds of the plaintiffs claim(s).
Where the plaintiff (Π) and defendant (Δ) are named
“Race to the courthouse”
An answer is then filed
Answer: Filed by the defendant in response to the complaint, outlining the defendants position.
More of less the defendant’s plea
Discovery Process
Discovery: Pre-trial device that can be used by a party to obtain information about a lawsuit from the opposing party to assist in preparation for trial.
“Catch-all” term for everything that happens between the complaint & answer and the resolution (trial)
Purpose of Discovery: Merits of the case > everything else
Transparency is key
Strategy is not shared, but nothing else can be kept a secret
Resolution
Many different outcomes
Settlements (plea deal) (most common)
Alternative Dispute Resolution (ADR)
Trials (not very common)
Erie County Courthouse
State Court >> Trial Court
One Primary Entrance
Basement
“Infocon Area” - Document storage
Title searching
Juvenile probation
Coroner’s Office
Domestic Relations
Child Custody Office
Make recommendations to family court
General >>> Vending machines, atm, tables, etc
Law Library
Attorney Mailboxes
Due to the internet, many books there arent used anymore.
Quite, nice place to do work.
1st Floor
Map Room/Assessment Office
Elections/Voter Registration Office
Tax Claims Bureau
Central Court
District Justices can hold court in Central Court
Clerk of Records - Overarching Term
Clerk of Courts
Handles the filing of all criminal case records
Handles all felonies & misdemeanors that occur within Erie County
Collection of fines as well as restitution
Prothonotary Office
Handles the filing of all civil case records
Register of Wills
Marriage License Bureau
Orphans Court
Custody
Name Changes
Adoptions
Reorder of Deeds
Power of Attorney Forms
House Deeds
Mortgage Information
2nd Floor
Court Administration
Court Reporter
Jury Staging
Criminal & Civil Admin
Judges Chambers
Courtroom
District Attorney's Office
DA is the highest law enforcement official in the county
Assistant District Attorney’s (ADAs)
The DAs office determines all charges for crime in the county.
Plea Deals
Dropped Charges
Etc
3rd Floor
Adult Probation
“P.O.’s” - Probation/Parole Officers
Probation & Parole Cases
Probation
Probation is typically in lieu of jail time
DUI
Drug Cases
Etc
Parole
Parole is typically what you go into after you’ve served jail time
4th Floor
Warden & Warden’s Office
Erie County Prison holding cells
Jail vs. Prison
Jail
County run
Awaiting sentence/sentence less than 2 years
Prison
State run
More than a two year sentence
5th Floor
Firearm permits
“Secure courtrooms”
County Executive’s Office
County Administrative Offices
Sheriff’s (main) Office
Police Power
The majority of their jurisdiction is the Erie County Courthouse
Erie County Sheriffs also serve as bailiffs
Prisoner Escort
Serving Warrants (especially bench warrants)