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Entry tags:
Lawyering Up: Week 1, Wed, Period 2 (1/9)
"Good morning everyone," said the man at the front of the room who was wearing a very nice suit, was from New York, and yet amazingly was not Barney. "For those who don't know me, my name's Nathan Petrelli. I'll be your teacher for Lawyering Up this semester. You can call me Mr. Petrelli. Some of you may know me from being friends with my brother Peter. You can also call me Mr. Petrelli. But I can be flexible about 'Nathan' when we're out of class."
Nathan then passed out a syllabus, a sheet of rules, and a copy of the roster. "On these you can find out what the class is going to do, what's expected of you, and if you're supposed to be here in the first place. Bear in mind the first two are subject to change without notice. That's what we in the business call the fine print."
Done with that, Nathan then passed out a sign-in sheet. "I know that many of your classes so far have been about introducing yourselves and going home. We're actually going to be doing work. But I would like to get to know you so when you put sign in also tell me why you're taking the class. That's just for my benefit, so don't worry about being right or wrong.
"Like the rules say," Nathan continued, "I want you here on time, I want you to behave, and I want to see that you're trying to use your mind. You'll be graded on effort as much as results. This includes your weekly extra-credit challenge. Anybody who wants to get an edge in their grades can do so by bringing in as many lawyer jokes as they can find. You'll get bonus points if I haven't heard them before."
Nathan paused to make sure everyone seemed to be following along. "This class isn't going to make you a lawyer. But it will give you an idea of different aspects of the American legal system. If nothing else it'll give you the ability to be a smart shopper when you need a lawyer to help you down the line. And make no mistake: you will at some point need a lawyer. Even if you don't get in trouble with the law. You might get married, buy a home, need to sue someone, want to patent something - you name it.
"But we'll start with the basics," Nathan said. He leaned against the front of his desk. "Using the law to save yourself. Normally they say anyone who represents themselves in a court of law has a fool for a client, but today we're going to ignore that. I want you to get a taste for how the law works by using it to get yourself out of trouble. The situation is this: You've been given a traffic citation. Maybe for speeding, maybe for something else. It's up to you. Now you have to deal with me, the judge.
"Argue your case. Are you guilty or not guilty? If you're guilty should I fine you? Jail you? Send you to traffic school?" Nathan held up his hand to forestall any interruptions. "Before anyone starts to panic, I'm not asking you to come up with a case that even the Supreme Court would approve of. Don't worry about formalities of the legal system. Just worry about this."
Nathan handed out another sheet. "Precedent. Simply put it means we'll let you get away with something if you can prove that somebody else either got away with the same thing, or something really close. Those of you with younger siblings may recognize this as the 'But Maaaaaaa, how come he gets to stay up late?' approach." Nathan grinned.
"To help you out you have these." Nathan handed out a few more materials to use. "You don't have to read all of this right now. Just pick a violation that you were cited for, find something to help your case, and use it to mount your defense. Tell me why you should get away with it because somebody else did. Or tell me why you're innocent because somebody else was.
"I'm looking for creativity and anything that shows me you were even vaguely paying attention," Nathan added, with another grin. "And if you think the lecture was bad, imagine being stuck in court all day.
"Take a little time to prepare yourself, and I'll be here when you're ready."
[ooc:wait for OCD is up! Go nuts! I'll pick up pings in the morning]
Nathan then passed out a syllabus, a sheet of rules, and a copy of the roster. "On these you can find out what the class is going to do, what's expected of you, and if you're supposed to be here in the first place. Bear in mind the first two are subject to change without notice. That's what we in the business call the fine print."
Done with that, Nathan then passed out a sign-in sheet. "I know that many of your classes so far have been about introducing yourselves and going home. We're actually going to be doing work. But I would like to get to know you so when you put sign in also tell me why you're taking the class. That's just for my benefit, so don't worry about being right or wrong.
"Like the rules say," Nathan continued, "I want you here on time, I want you to behave, and I want to see that you're trying to use your mind. You'll be graded on effort as much as results. This includes your weekly extra-credit challenge. Anybody who wants to get an edge in their grades can do so by bringing in as many lawyer jokes as they can find. You'll get bonus points if I haven't heard them before."
Nathan paused to make sure everyone seemed to be following along. "This class isn't going to make you a lawyer. But it will give you an idea of different aspects of the American legal system. If nothing else it'll give you the ability to be a smart shopper when you need a lawyer to help you down the line. And make no mistake: you will at some point need a lawyer. Even if you don't get in trouble with the law. You might get married, buy a home, need to sue someone, want to patent something - you name it.
"But we'll start with the basics," Nathan said. He leaned against the front of his desk. "Using the law to save yourself. Normally they say anyone who represents themselves in a court of law has a fool for a client, but today we're going to ignore that. I want you to get a taste for how the law works by using it to get yourself out of trouble. The situation is this: You've been given a traffic citation. Maybe for speeding, maybe for something else. It's up to you. Now you have to deal with me, the judge.
"Argue your case. Are you guilty or not guilty? If you're guilty should I fine you? Jail you? Send you to traffic school?" Nathan held up his hand to forestall any interruptions. "Before anyone starts to panic, I'm not asking you to come up with a case that even the Supreme Court would approve of. Don't worry about formalities of the legal system. Just worry about this."
Nathan handed out another sheet. "Precedent. Simply put it means we'll let you get away with something if you can prove that somebody else either got away with the same thing, or something really close. Those of you with younger siblings may recognize this as the 'But Maaaaaaa, how come he gets to stay up late?' approach." Nathan grinned.
"To help you out you have these." Nathan handed out a few more materials to use. "You don't have to read all of this right now. Just pick a violation that you were cited for, find something to help your case, and use it to mount your defense. Tell me why you should get away with it because somebody else did. Or tell me why you're innocent because somebody else was.
"I'm looking for creativity and anything that shows me you were even vaguely paying attention," Nathan added, with another grin. "And if you think the lecture was bad, imagine being stuck in court all day.
"Take a little time to prepare yourself, and I'll be here when you're ready."
[ooc:
Sign In (1/9/08)
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During the Lecture (1/9/08)
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She tried carefully to listen, but her attention span seemed a little shortened at the moment. She was feeling like it was a good thing that she already had a good grounding in what Mister Petrelli was talking about.
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This was probably Not A Good Thing.
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Almost.
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Talk to Nathan (1/9/08)
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"In a murder trial, the defense attorney was cross-examining the coroner:
Attorney: Before you signed the death certificate, had you taken the pulse?
Coroner: No.
Attorney: Did you listen to the heart?
Coroner: No.
Attorney: Did you check for breathing?
Coroner: No.
Attorney: So, when you signed the death certificate, you weren’t sure the man was dead, were you?
Coroner: Well, let me put it this way. The man’s brain was sitting in a jar on my desk. But I guess it’s possible he could be out there practicing law somewhere."
Re: Talk to Nathan (1/9/08)
Defend Yourself! (1/9/08)
Re: Defend Yourself! (1/9/08)
With an introduction like that, it shouldn't be a surprise that the rest of Turtle's appeal followed suit
although handwavey, because her mun, unlike her, knows nothing about the legal system, Lord help us. It included several presentation of the (imaginary) photos from several angles of the parking spot in question, with the defense that it was a completely legal parking spot, as well as the mention of several witnesses that will attest to the fact that she was, indeed, during this time, properly parked and that the fine was entirely unjustified.When finished, she took a bow.
"Thank you, your Honor."
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She stood straight, hands clasped in front of her, staring at the really, very nice looking judge. She smiled.
"I believe the officer that pulled me over just wanted a ride in my car."
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"Sir, hello," he said, nodding politely. "I am here to contest the ticket given to me for..." Lee had to look at the papers again, having already forgotten what violation he'd chosen, "...failure to signal when changing lanes. Your honor, I don't believe the police officer took into account the full details of why I might have failed to signal. For instance, there was a lot of traffic that day and, at one point, I could have suddenly had to swerve in order to avoid a pile up on the interstate. Now, I don't know about anyone, but I would be more concerned with avoiding an accident than signaling my intentions to move over a lane. There was, perhaps, something in the road in front of me. A dog? A cat? I switched lanes to avoid killing an innocent animal and someone's best friend. There was no time for a signal. I would just like the office to take in consideration that there might have been extenuating circumstances in my failure to signal while changing lanes."
Lee winced, hoping that wasn't laying it on too thick. "Thank you, sir."
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"Hello, sir. I'm here to defend myself on the charge of driving without a valid license," he said. "I admit that I'm guilty, but I'd like to explain the circumstances, so that the court may find a reason to be lenient with me. You see, it's just me and my dad at home. My brother's been missing for a few months, so I've been helping to take care of our dad in his place." If his focus on Nathan strengthened, it was only so he didn't have to look at Dean. "He does some really dangerous work at home, and he's been teaching me how to drive in case, God forbid, something happens to him and he needs to get to the hospital. I admit that I was driving by myself the night I got pulled over; I was trying to see if I could really handle the car without my dad sitting there giving me direct instructions. But I was obeying almost all the traffic laws at the time. I just missed a stop sign when I was going back to the house. I know that driving without my dad is wrong, and I promise you, I won't do it again."
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After Class (1/9/08)
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OOC (1/9/08)
Classes will usually go up the night before... right before I go to bed. Will pick up pings tomorrow.
And feel free to ping here if you want your character to get detention for any reason.
Re: OOC (1/9/08)
And I'm really sorry she's missing this class, because the concept of actually getting to argue your case is completely foreign to her.
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