Systems of Law
The two prevailing systems of law
Civil and Common
The lowest level of the MD court system
Maryland District Courts
If there is a conflict between state and federal law, THIS law prevails
Federal Law
T/F: Lawyers can give legal advice and represent people in court
False! Lawyers are people who have graduated law school but not yet passed the bar exam.
The two types of conflicts
Direct (two or more clients have interests that are adverse towards each other) and Concurrent (two or more clients have interests that, when favoring one client, materially limits the lawyer's responsibilities to the other, a former client, or a third party)
The United States is THIS system of law
Common Law
Discretionary appeal is
An appeal from a lower court which an appellate court may choose to hear
Name one way to get a case into Federal Court
Federal Question (the case hinges on federal law such as the Constitution)
or
Diversity of Citizenship (all parties live in separate states)
or
Amount in controversy exceeds $75,000
Rules which govern how lawyers should act when practicing law and running their firms
Model Rules of Professional Conduct
Attorneys cannot solicit gifts from clients UNLESS
The most common punishment for civil law cases
Recompense or injunction
Mandatory appeal by right applies to the Appellate Courts of MD *IF*
The case starts in that court (ex. arson or other high level offense)
T/F: Decisions made by the United States Supreme Court are binding on all courts in the nation
True
Being temporarily admitted to practice in another state under special circumstances
Pro hac vice
Name one caveat of providing financial assistance to clients
-Cannot induce retention by using it as bait
-Cannot accept reimbursement later, from client or third party
-Cannot advertise these services
If a government attorney brings a charge against someone, the case is THIS type of law
Criminal Law
The highest court in Maryland
The Supreme Court of Maryland (formerly MD Court of Appeals)
From a higher court (typically the Supreme Court), orders a lower court to deliver its record of a case to the higher court for review
What three things can the appellate court do?
Affirm (agree with the lower court's decision), Reverse (agree with the appellate), or Remand (send the case back down to the trial court)
The three types of fee structures
1. Flat fee (straight up payment)
2. Hourly fee (makes the most money 🤩)
3. Contingency fee (payment depends on result of case)
The biggest difference between civil and criminal law
Type of punishment
T/F: An involuntary plea IS grounds for an appeal
True
Name all 3 Federal courts in order from lowest to highest power
Name two situations when a lawyer is NOT expected to keep information related to client representation confidential
-When necessary to prevent a crime from occurring
-To secure compliance with the rules
-To prevent reasonably certain death or bodily harm
-When involved in litigation related to representation
- To detect and resolve conflicts of interest
T/F: There must be a witness present when obtaining property from a client
False, but the client must give informed written consent