HISTORICAL CASES INVOLVING UNLICENSED PRACTICE OF LAW During the 2013-2014 (July 1- June 30) months, over 552 cases were opened regarding the unlicensed practice of law. The Florida Bar website has referenced 9 cases that has defined the way that the courts are regulating and creating new provisions to handle UPL’s. (Board Paper Issue.Com) In this next case the case serves as a benchmark for the way that the courts will evaluate whether the conduct is practicing law. This foundation took place in 1962, see State of Florida ex rel. The Florida Bar v. Sperry. In 1978 a case known as The Florida Bar v. Brumbaugh discussed how people who sell “do it yourself” legal kits and form sellers can legally operate when conducted by nonlawyers. The case explains the procedures and the legal practice to lawfully operate. “This case liberalized the former laws by allowing nonlawyers to sell printed material purporting to explain legal practice and procedure to the public, and to operate secretarial services that type the forms for the customers” (board paper issue.com) This is only okay if the typist is copying word for word what the customer has given them. To review the rules in greater detail, see rule 10-2.1(c) on rules regulating the Florida Bar. (Board Paper Issue.Com) The next case in history is The Florida Bar v. Moses, a case from 1980 that was reviewed by the Supreme Court and is known as the exception to the decision in the Sperry case. The Supreme Court held that a person is
What was the court’s decision in the case? What reason did they give? What landmark case did they cite?
There are four primary sources of American law that “establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group” (Miller, 2014). One of the oldest sources of primary law is the U.S. Constitution, which was ratified by delegates from 12 states on September 17, 1787 (The Constitution of the United States, 2015). The document has stood the test of time and been a model for many other nations with its emphasis on a strong government with maximum human freedom while avoiding tyranny (The Constitution of the United States, 2015). Since each state also has its own constitution, this would be in the same category as a primary source of American law. The second primary source of
The novel, Celebrated Cases of Judge Dee is set in China during the Tang Dynasty (618-907 CE). In Chang-Ping, the town located in the Province of Shantung, Judge Dee is a magistrate and the "father and mother" of the people. A Magistrate is a judge, detective, and a peacekeeper who captures criminals and is responsible for reprimanding them. The novel goes through three cases in which Judge Dee solves murders and punishes those responsible. As a Magistrate, you need to have knowledge of Legalism, Daoism, and Confucianism in order to excel. A magistrate has a lot of power which comes with a lot of responsibility and consequences. If a magistrate were to wrongfully execute someone, said magistrate would then be executed which is why the prestigious position requires a certain type. Judge Dee is that type, he is an excellent Magistrate because he has good judgment, knowledge of Confucian, Dao and legalist beliefs and is not afraid to take risks in finding the truth of a mystery.
Throughout history, many cases have gone beyond local courts and have reached Supreme Court. One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison was a case that was fought because James Madison refused to deliver Marbury’s commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The Supreme Court had reinforced the “Marbury” decision in many cases, for example McCulloch v. Maryland, Cohens v. Virginia, and United States v. Le Baron.
case that had happened to wander it’s way to the supreme court. Undisputable as the
Gideon v. Wainwright is a Supreme Court case that occurred in 1963 which questioned the defendant’s right of the sixth amendment. Clarence Gideon could not afford a lawyer, so under the 6th amendment he demonstrated his rights by asking the Florida Circuit Court judge to appoint one for him. His request was denied and he was left to represent himself (Lewis, 1964). He did an awful job of defending himself during the trial and was found guilty (PBS, 2006). He then wrote to the U.S. Supreme Court from his prison cell stating that his rights were violated. The Supreme Court agreed to hear his case.
Mental Illness - The prisoner’s moral culpability for his offending is reduced by reason of his mental illness and the objective
One of the most significant court cases in the 1800s was the Dred Scott v. Sanford case in 1857 (Kelly, 2014). This case gripped the nation right as the North and the South became further and further apart. The Scott v. Sanford case deepened the boundary closer to Civil War. Scott v. Sanford drew in everyone’s attention and led to the rally of a lifetime. The case created problems and changes in the United States and the significance of this case is still awed by today.
Another Supreme Court case which was very popular when it was being tried, and still is today, is the case of Gideon v. Wainwright. In this case, which was decided on March 18, 1963, a man named Clarence Gideon was denied his sixth amendment right to an attorney. Gideon was arrested in Florida in 1961 for breaking and entering into a pool hall with the intent of committing another crime there. When he asked for an attorney to represent him because he couldn’t afford one, he was denied of his Sixth Amendment right. When asked why, he was told that by Florida State Law, the only time an attorney is appointed to the accused is when a person is charged with a capital offense. Gideon put together a defense as best he could, and represented himself during trial. As can be expected from a man with no law experience, he lost his case and was found guilty. He was sentenced to five years in prison, until he filed a habeas corpus petition; meaning a petition saying he was wrongly imprisoned (pbs.org). When this case went to the Supreme Court, Gideon argued that he was violated of his Sixth Amendment right to an attorney, regardless of the status of his case. The Supreme Court ruled in a 9-0 decision, the right to an attorney should be given in all criminal prosecutions (oyez.org). This was a huge case for the criminal justice system simply because it allowed for fair representation for everyone. There were no longer people who went to jail simply because of the fact that they
The Supreme Court is the highest judicial court in the country or the state, they take judicial precedence over all over courts in the nation. Every year the Supreme Court receives about ten thousand petitions and if four Justices agree to grant the petitions then, the Supreme Court will consider the case. Out of all the cases there are only about one-hundred or fewer cases that they will chose a year. I will be discussing seven well known cases that were selected and decided on. These cases went on trial for months until the jury and judge could make a decision. Unfortunately, these cases were tried unfairly, missing key evidence in some way.
The Supreme Court case to be closely followed and reviewed for class this semester is Madigan v. Levin. This is a case of the U.S. District Court for the Northern District of Illinois. Lisa Madigan is the petitioner, with Harvey N. Levin being the respondent. On Monday, March 18, 2013, the case was granted and on Monday, October 7, 2013, it was argued. (OYEZ, Inc., 2013)
When the case finally got to the supreme court they were looking at the case
This case has been recognized as one of the top civil trials in the country.
The next case was in 1992, the Lee v. Weisman case discussed whether or not beginning and ending a middle school graduation in ceremony. A family disagreed with the ceremony and filed a lawsuit, which led the disagreement to the Supreme court. Eventually
One of the largest issues in developing a career in the legal profession is diversity as there is a perceived image of the legal sector being a traditionally “white, male, middle class” profession. Harold Patrick and Vincent Kuman argue, “the concept of diversity includes acceptance and respect. It means understanding that each individual is unique and recognizing our individual differences” . This essay will examine the social class, educational and gender barriers underrepresented groups face in developing a career in the legal profession. The effectiveness of measures taken to promote diversity in England and Wales will then be evaluated. This essay will go on to ultimately conclude that the legal profession in England and Wales has become increasingly diverse over the years, although a significant lack of diversity does still exist within the upper tier of the profession.