Basic Principles You Need To Know

Basic Legal Principles Every Lawyer Should Know

When you’re a lawyer, there are some core legal principles that you need to have a solid understanding of. These basics underpin our entire legal system and crop up in all areas of law. While whole books have been written about each of these concepts, here is a quick primer on some key principles every lawyer should be familiar with.

The Rule of Law

The rule of law is the foundation of our legal system. It means that no one is above the law – not even the president or other government officials. The law applies equally to everyone. This principle helps ensure a fair and just society where no one has unchecked power. The rule of law also means that laws must be clear and well-publicized so people can understand what is required of them. It prevents arbitrary enforcement of the law.

Separation of Powers

To prevent any one branch of government from becoming too powerful, the founders divided power between the legislative (Congress), executive (President) and judicial (courts) branches. This system of checks and balances forces the different branches to work together yet keep each other in line. For example, the President can veto bills from Congress, but Congress can override a veto with enough votes. The Supreme Court can declare acts of Congress unconstitutional, but Congress can impeach federal judges.

Federalism

Federalism refers to the division of power between the federal and state governments. The Constitution delegates certain limited powers to the federal government, like the powers to tax, declare war, and regulate interstate commerce. All other powers are reserved for the states. This allows states to tailor laws and policies to their local interests and values. Federalism creates tension between state and federal power that the courts must often resolve.

Stare Decisis

Stare decisis is the principle that courts should follow precedent – that is, prior case law on a particular legal issue. This doctrine promotes consistency, stability and predictability in the law. Judges may overturn precedent only if there is a compelling reason to do so. Stare decisis does not bind courts absolutely – they can overturn prior rulings – but there is a strong presumption in favor of upholding precedent.

Mens Rea

Mens rea refers to the mental state required to be convicted of a crime. This concept comes from the Latin phrase “guilty mind.” The prosecution typically must prove beyond a reasonable doubt that the defendant committed a criminal act intentionally, knowingly, recklessly or negligently. The mens rea requirement helps protect against unjust punishment of innocent mistakes or accidents.

Actus Reus

Actus reus means “guilty act” in Latin. It is the prohibited act or omission that constitutes the physical component of a crime. For example, in a murder case, unlawfully killing someone is the actus reus. Along with mens rea, the actus reus makes up the elements of a crime that the prosecution must establish to prove guilt.

Burden of Proof

In criminal cases, the prosecution bears the burden of proving every element of an offense beyond a reasonable doubt. This high standard helps guard against wrongful convictions. In civil cases, the plaintiff usually needs only prove his or her case by a preponderance of the evidence, meaning it is more likely than not that the plaintiff’s version is true. The burden of proof determines which party loses if the evidence is inconclusive.

Equal Protection

The Equal Protection Clause of the 14th Amendment guarantees that no state shall deny any person equal protection under the law. This means the government cannot treat people differently based on characteristics like race, national origin, sex or religion without very good reason. Discriminatory laws are subject to different levels of judicial scrutiny depending on the characteristic targeted.

Due Process

The 5th and 14th Amendments prohibit the federal and state governments from depriving anyone of “life, liberty or property without due process of law.” Due process guarantees fair procedures and ensures that government actions are not arbitrary. For example, in criminal cases due process requires fair trials and bans cruel and unusual punishment. In civil contexts, due process includes things like notice requirements before the government can take your property.

First Amendment

The First Amendment enshrines freedom of speech, press, religion, assembly and petition. This amendment protects citizens against government censorship and promotes the free exchange of ideas. But First Amendment rights are not absolute – some speech like fraud or obscenity gets less protection. And the government can impose reasonable time, place and manner restrictions on speech. But any restrictions must be viewpoint neutral.

Fourth Amendment

The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants based on probable cause for lawful searches. This prevents the police from randomly barging into homes or conducting groundless arrests. There are exceptions though – police can conduct limited pat downs without a warrant if they suspect a concealed weapon. Evidence obtained in violation of the Fourth Amendment is generally excluded from trial under the exclusionary rule.

Substantive vs. Procedural Law

Substantive law defines rights and duties, while procedural law sets out the methods for enforcing those rights and duties. For example, civil rights laws banning housing discrimination are substantive, while the rules governing discovery and trials in housing discrimination suits are procedural. Though the line can blur, this distinction helps organize the law.

There are countless other basic principles like standing, ripeness, and res judicata that provide the scaffolding for our legal system. Mastering the fundamentals takes time, but it provides an indispensable foundation for any legal career. With a solid grasp of these key concepts, lawyers can analyze issues more effectively and advocate for their clients more persuasively. The law is complex and ever-evolving, but these core principles serve as guideposts for navigating any legal issue.