MOLDOVA STATE UNIVERSITY

FACULTY OF LAW

Subject :The legal

profession in the USA

ELABORATED BY COTOGOI VASILE

Lets make a dinifinition

Legal profession:the body
of individuals qualified to
practice law in a particular
jurisdiction

Law in the USA

Two levels of law
Federal law
Originates
with the
Constitutio
n

State law
Every state
have its
own
constitutio
n

Judges in the USA

Chief Justice of the USA
Presides the Supreme Court.

Head of the Judicial Branch of the federal

government.
Nominated by the President of the USA and
serves until retirement, death or
impeachment.

Associate justices of the

Supreme Court
Associate justices of the Supreme
Court
8 of them
Elected by the President
Serve for life
While Deliberating, seniority is important
Retired Associate Justices

Court of Appeal Justices

No entire cases nor jury, just subject
of appeal.
3 or 5 of them consider the appeal
and make a judgement.
They can: dismiss the appeal or allow
it.

District Court Judges:

Number set by the
Congress
First instance/trial court
For a life term
Appointed by the
President

Justice of the peace

Handle the great mass of cases

Elected/appointed
Minor civil matters, misdemeanor and petty
criminal cases, officiate at weddings

Attorneys in the USA

United States legal system does NOT draw a
distinction between barristers and solicitors.
Historically, a distinction was made, and a
separate barrister existed in certain states,
called counselor.
Attorneys specializing in court procedure, are
called trial attorneys.

Non-trial attorneys
are sometimes
called
transactional
lawyers or
corporate
lawyers.
Responsible for the
police investigation,
guarantor of the
protection of the
defendants rights, fixes
charges.

The District Attorney (D.A.) is

a lawyer in the U.S. who works
for the state and prosecutes
people on behalf of it. There are
also defense attorneys in
America who act on behalf of
their clients.

Types of lawyers in the USA

Attorney-at-law: Officer of a
court of law legally qualified to
prosecute and defend actions in
legal proceedings.

Attorney-in-fact: Agent who

conducts business under
authority that is controlled and
limited by a written document
called a letter, or power, of
attorney granted by the principal.

Power of attorney:
Authorization to act on
someone elses behalf in a
legal or business matter.
Attorney General: Chief
legal advisor to the state
government and the states
chief law enforcement
lawyer.

Attorney General of the

U.S.A.: Head of the U.S.
Department of Justice
concerned with legal affairs
and is the chief law
enforcement officer of the
U.S. government. Also, chief
lawyer of the U.S.
government.
Marshal: assists with court
security and prisoner
transport, serves arrest
warrants and seeks
fugitives

Counselor at law: One

who advises or represents
others in legal matters.

Solicitor General: Argue

for the Government of the
United States in front of the
Supreme Court of the U.S.,
when the government is
party to a case.

Bailiff: Peace officer

providing court security.

Prosecutor: Chief legal

representative of the
prosecution.

The jury in the USA

Grand Jury

Trial by Jury

It determines whether there is

enoughevidencefor atrial. Grand
juries carry out this duty by
examining evidence and issuing
indictments, or by investigating
allegedcrimes.
12-23 members.
It has the power to call witnesses
to give evidence.

Its a fundamental part of the

American justice system.
Every person accused of a crime
punishable by incarceration for
more than six months has a
constitutional right to a trial by
jury.
12 members.
The majority of U.S.criminalcases
are not concluded with a jury
verdict, but rather byplea
bargain >>> Waiver of jury trial
>> Bench trial.

Questions
What is the legal profession?
Who is the judge?
What is the function of the jury?

Be you never so
high but the law is