Features of the US Legal System

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Features of the US Legal System

You have studied the role of political theories in the development of the American legal system. You have also explored features of the U.S. legal system, including its history, procedures, and institutions. In order to understand the U.S. legal system, it is helpful to explore an actual legal issue.

This assignment has two parts.

Part 1:

You are a paralegal at the law firm of Dewey, Earn, and Howe. A new paralegal, Willy Understand, has just been hired and you have been assigned to mentor him. On his first day, he has been given an office memo research project concerning motorcycle helmet laws. But Willy is woefully inexperienced in the area of constitutional law and knows next to nothing about helmet laws.

The senior partner has given him the following assignment: “There seems to be no question that motorcycle helmets are an important safety precaution that prevent death and injury. However, some argue that it violates the very nature of liberty for government to make helmets mandatory, to prosecute victimless crimes, and prohibit actions that are merely bad habits or vice.

Read the articles below and then submit to me a 2 pages argument, supported by political theory, as to whether it is an appropriate role of government (federal OR state) to have a mandatory law requiring people to wear a helmet while riding a motorcycle.”

  • U.S. Department of Transportation Campaign Safe and Sober. (1996, October). Motorcycle helmets: The facts of life. https://www.nhtsa.gov/people/injury/pedbimot/NoMigrate/Mcfol2.pdf
  • Vance, L. M. (2010, May 21). Every crime needs a victim. Campaign for Liberty.https://www.lewrockwell.com/2010/05/laurence-m-vance/if-its-a-crime-it-has-a-victim/

You tell Willy to make sure the memo focuses on the constitutionality of helmet laws and to reference the Constitution. Willy seriously needs your help with this first project. So you agree (with boss’ approval) to draft this and then work with Willy to edit it so that you both get credit for it. You are a good writer. DRAFT THE MEMO and free Willy from the stress. Show him how it is done.

Below are some sample memos to assist with formatting purposes.

LisbonLX. (2018, Mary 26). 13+ Legal Memo Templates—Free Example, Sample, Format Download within Legal Memorandum Format. https://images.template.net/wp-content/uploads/2016/04/23095557/Simple-Legal-Memo-PDF-Document-Download.pdf

Part 2:

For the second part of this assignment, answer the following: If your state chose to prosecute someone for not wearing a helmet while operating a motorcycle, then how would the case work through the court system from trial court to the highest appellate court?

Write a 1-page description of how the case would progress from the trial court to the highest appellate court in your state. Be sure to briefly describe each level of court, and cite to the authority where you got the information about your state court system.

Your state may not have a mandatory helmet law. If it does not, explain how a helmet law violation might move through the legal system IF your state had a mandatory helmet law. DO NOT LEAVE THIS SECOND PART OF THE ASSIGNMENT BLANK.

Helpful Resources:

Strickland, R. Schauffler, R. LaFountain & K. Holt, eds. State Court Organization. Last uploaded 30 June 2017. National Center for State Courts. www.ncsc.org/sco

State Court Structure Charts. Court Statistics Project. http://www.courtstatistics.org