Mikayla Hord

Rhodes

AP Language and Composition

22 February 2018

The young girl looks on anxiously as she watches the images flash across the bright

screen of her television. At the scene, reporters flood the steps of the Supreme Court building,

each one absorbing the bursts of energy emitting from the throng of protesters. Silently, she

looks on with awe as her fellow Americans hold up signs of protest, each one standing up for the

basic principles of human rights and freedoms reserved for all of those living within the country.

Past the screen in her living room, a case presents itself and marks the moment the girl and all of

her fellow women anticipated, the recognition that women across the country have waited so

long for, and then, it happens, smiling faces of justices and attorneys alike make their descent

down the stairs, each of them possessing a flame of passion. The curious girl watches every step,

making sure never to miss a single second as her eyes begin to gleam and her heart fills with

admiration for the men and women on the screen, sparking a fire in her that will not only

determine her career, but her future life as a lawyer. A career in the legal field requires extensive

education, a general knowledge of the specifics of each form of law, which includes knowing

how to apply skill within a courtroom, and an understanding of the social challenges that come

with any career in this field.

The legal system seen in the United States today contains a number of different forms,

varying from the specifics of entertainment and environmental law, to the more generic bodies of

law. The the legal system dates back centuries and identifies as one of the earliest developments
 Hord 2

in society, its creation stemming from the ancient Romans and the rule of Justinian (Shepherd).

Transcribed from the Justinian Code, which arose around 438 AD, law first came in the form of

civil code and contained a basis primarily composed of the principles of Roman jurists and the

influence of the Law of Twelve Tables, that established a legal legislation created and

maintained by the archaic governmental systems of the Romans (“Civil Law”). Some of the

principles instituted by Justinian include his books pertaining to persons, property, and

obligations, that set up the premise of all legal forms (Lobingier 119). Over the course of the

next several centuries, the work of Justinian morphed into a number of different forms, allowing

the creation of Theodosian Code, as well as the Breviary of Alaric, both of which appear to

consist of revised versions of the original legal codes (“Civil Law”). Both new forms of legal

codes first appeared around the western half of Europe, having a major influence on some of the

earliest nations as a result of the Visigothic king, Alaric II, who came into contact with Roman

developments (“Civil Law”). The awakening of the legal codes within the Mediterranean greatly

impacted the world of the Romans, directly affecting their social ways of life, and the scholarly

ways of their people, which in turn, allowed law to flourish throughout Europe, and eventually,

the world.

After finalizing its establishment amongst the Mediterranean, the works of Justinian

appeared throughout various European provinces. A major leap forward in the formality of legal

codes came from the Napoleonic period of France, during a time when mass chaos dominated the

streets and social standards of the past proved inadequate and unreliable (Lobingier 116). Over

the course of seven years, the country installed five underlying legal principles, which consisted

of the Code of Napoléon of 1804, Commercial Code, Penal Code, the Code of Civil Procedure,
 Hord 3

and the Code of Criminal Procedure (“Civil Law”). Each of these adaptations allowed Napoleon

to rule over France with a heavy hand, as well as contributed to the growing development of

social principles over the vast majority of Europe. The procedures set in place by Napoleon

paved the way for future legal events, including the institution of new principles regarding

customary law (Lobingier 121). Over the course of several decades, innovations in law spread to

parts of Africa and Asia, as well as Latin American countries, due to the new developments from

oceanic trade and colonial dependency from major countries (“Civil Law”). With the movement

of cultural groups and the growing desire for expansion, many territories began to acknowledge

outside influence and social adaptations, allowing for multiple forms of law to form, and forging

the basis of the modern law seen today (Lobingier 128).

Often referred to as the original form of law, civil law makes up the composite system of

law to which, all ideas and codes stem from. Most commonly used today as a form of private

law, civil law pertains to cases surrounding legal relationships and social standings, including

issues regarding citizenship within a country, conjugal conflicts, and contractual disagreements

(“Civil Law”). Common law works similarly to civil law, but it varies in regards to its formation,

geographical impact, and rulings. Common law became a part of society around the 19th

century, during a time which a major shift emerged with the use of the written word and formal

statutes set up by past governmental systems (“Civil Law”). Aside from the upbringing of this

particular system, common and civil law have a number of differences, including their public

influence, meaning that while civil law primarily focuses on the use of private law, common law

works directly with the people (“Civil Law”). Common law also differentiates from its

predecessor when used in court, as it includes the use of a trial by jury, a practice not used with a
 Hord 4

classical legal system (“Civil Law”). The use of the open trial allows for common cases to

operate more freely, while additionally developing more ideas to a case, from which a selection

of individuals will decide the outcome of a particular case. Additionally, common law may come

to play in relation to company law when used with large companies and trade markets (Morley

2158). In terms of geographical dominance, common law embodies the political systems of

many nations dominated by English influence and culture, including Great Britain, Canada, and

the United States (“Civil Law”). Both forms of legal codes work to help the daily lives of people

around the world, and work to expose the needed clarifications and principles used with the legal

force.

Another major branch comprised within the legal system includes criminal law, widely

used across the world, as well as the United States. The principles of criminal law, often

conveyed through the public eye in the media and other means, by definition, include a segment

of law that works with crimes based around a violation of a state, federal, or regional law

(“Criminal Law”). The main idea consists of establishing a wrongdoing by one or more persons,

to which they receive legal action for their intolerable actions. Stemming from the concept of

common law, criminal law covers a large variation of crimes and sentences, and involves a

public trial based around the principles of the United States Constitution (“Criminal Law”).

Criminal law includes a number of different class divisions, allowing the courts to take separate

action on a case to case basis; the classifications consist of seven different offenses and

violations: performing wrongdoings in regards to international law, initiating infractions in

relation to justice and governmental authority, demeaning or imposing on public peace,

combating trade, disrespecting property, undermining or mocking public decency, and any action
 Hord 5

seen as unlawful against any individual or group of persons (“Criminal Law”). Many cases seen

by lawyers in the United States include aspects of criminal law, including the infamous landmark

case that reached the Supreme Court, ​Gideon v. Wainwright​ (“Gideon v. Wainwright” 2036).

Gideon v. Wainwright​ marks an important part of United States history, as well as the use

of criminal law within the courtroom. The result of this trial led to the reversal of another

criminal case, ​Betts v. Brady,​ which that occurred decades prior, in 1942 (“Gideon v.

Wainwright” 2037). The main debate of this case included the subject of the Constitution, and

what its definitive limitations and expansions included with regard to criminal hearings and

procedures (2039). The primary document of concern consisted of the Fourteenth Amendment,

and more specifically, due process (2039). ​Gideon v. Wainwright​ relates mostly to the violation

of property, because the procedures happened after charges had already appeared to Clarence

Gideon, who found himself charged of breaking and entering, and withheld the intent of

committing petit larceny (“The Gideon Trials” 2060). Though Gideon first received recognition

for his crimes, his lack of representation within the court system and the absence of

Constitutional rights made his case famous (2076).

Error falls onto the state courts of Florida, where the trial took place, due to the fact

Gideon did not receive a lawyer from the state, or any form of representation, which raised the

flag for other criminal cases (“The Gideon Trials” 2078). Over the course of this case, a number

of issues made their way to the court’s docket regarding the 14th Amendment, including the

basis of indigent and non-indegent equality under criminal, state, and federal law (“Gideon v.

Wainwright 2042). Cases of this nature set the precedent for the principle of an equal trial and

adequate representation, calling upon the action of lawyers and attorneys across the United
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States. After submitting a request for ​writ of certiorari a​ nd having his case heard in the early

months of that year, ​Gideon v. Wainwright​ ended in favor of the plaintiff (2080). This case

helped to better explain the legality of criminal cases, as well as due process through equal

representation in court, and therefore allowed the Supreme Court to decide on a clear premise for

criminal prosecutions through the form of a valid precedent (2042).

Of course, one can not practice any form of law, no matter how specific or broad, until

she completes her education requirements. The approach for any student with the intentions of

becoming a lawyer remains the same as any other high school graduate; get into college and

complete their basic credits. During this time, many students choose to not only focus on a

Pre-Law major, but bring on another related major pertaining to the form of law they wish to

study later on. Typically paired with Pre-Law degrees, majors in Law and Government and the

English language have gained popular because of their ability to assist a legal degree.

(“Knowledge and Skills”). Other college majors that team well with this career path include

Health, Tax, and International Business Law, that better assist students with jobs relating to

corporate legal fields, and court reporting, which opens the door to other professions, in addition

to assisting lawyers who take the course (“Related Majors”). Recently, a rise in interest

pertaining to environmental law has brought a new wave of lawyers, offering students another

outlet to practice legal services with respect to unconventional subjects that can pair with a legal

degree, such as Environmental Science degrees, which assist the growing problems surrounding

legal battles against greenhouse gases and additional issues (Hari & Wiseman 145).

After completing four years of undergraduate programs, a prospective lawyer will attend

graduate school to further her learning, and hone in on specific skills for he desired practice.
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During this time, students will learn five pertinent traits every lawyer must have, identified by

two groups, visual and linguistic traits, and technical traits, and include: active listening, public

speaking, decision making, critical thinking, and reading comprehension (“Knowledge and

Skills”). Courses pertaining to these important skill-sets allow students to understand the type of

thinking that dominates the legal field, as well as how they must learn to respond to change. The

world of law constantly changes, and if she can confidently show that she exhibist knowledge

with an understanding to the approach of critical decisions and active cases, she will

subsequently become a better lawyer. Students who pair their degree with a double-major in

English language or composition will find themselves with a higher proficiency in writing,

allowing them to feel more comfortable in their abilities to write case briefs and reports

(“Knowledge and Skills”).

After graduate school, many aspiring lawyers attempt to jump out of their comfort zones,

often leading to students leaving their resident colleges to continue their graduate studies in

larger, more renowned universities. Across the United States, a number of universities offer a

plethora of legal courses, and hundreds of schools specifically cater to those seeking a career in

law. Three of the top rated schools include Yale University, Harvard University, and Stanford

University, which have stood the tests of time as the best of their profession (“Schools of Law”

60). These well known universities come with fame and a renowned history, all of which comes

with good reason, seeing as how at each of these schools, students achieve outstanding scores

and some of the highest grade point averages (62). North Carolina has three top rating in-state

schools offering favorable law programs, including Duke University, which lands 11th in the

nation, the University of North Carolina at Chapel Hill, which ranks 39th, Wake Forest
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University, 40th (60-62). Law schools vary in their placement across the country, but for the

most part, these schools appear primarily in California, New York, and Illinois, generally seen as

ideal working states for lawyers, and include a number of top ranking universities such as the

University of Chicago, University of California at Berkeley, Northwestern University, and New

York University (60-62).

A student must pass a number of different tests and courses to obtain a legal degree, and

each step requires a minimum of a graduate degree, as well as the successful passage of a

number of examinations (“Legal Services”). The Law School Admission Test, or LSAT, one of

the most well-known and dreaded examinations for prospective lawyers holds significant

importance in the admissions process. Composed of 101 questions and a brief essay, the LSAT

works to judge student’s work ability, while predicting a rough estimate as to their first years of

law school grade point average (Klein). The LSAT organizes a series of questions pertaining to

logical reasoning, reading comprehension, and analytical reasoning, that tie into the traits all

lawyers need to write and analyse proper disentations and case briefings (Klein). All law schools,

both private and public, administer this examination, and an estimated 100,000 upcoming

lawyers take the LSAT every year, under the superintendence of the Law School Admission

Council, or LSAC (Klein).

In addition to the LSAT, another common form of testing includes the Multistate Bar

Examination, or MBE. Used largely in the United States, the MBE works to test the application

and understanding of constitutional and criminal law, contracts, evidence, and other pieces

pertaining to the American legal system (“Multistate Bar Examination” 316). The test consists of

200 multiple choice questions, that students must complete in a 6 hour time period, and because
 Hord 9

the examination changes from state to state, some areas may offer essay questions either along

with the designated time or in another setting (315-316). The MBE and LSAT, considered as two

of the most well-known and most commonly requested tests within the legal profession, but

other tests include the Multistate Professional Responsibility Examination, Continuing Legal

Education, Certified Legal Assistant, and Registered Paralegal examinations, which depending

on the type of law one practices, qualifies for some lawyers and attorneys (“Legal Services

Credentials”).

Over the years the world has gone through significant changes in the approach towards

education, and the introduction to the legal field no longer relies solely on tests and a student’s

GPA. Today, universities begin to explore new options, and embrace the change that comes with

the new wave of teaching called active learning. Composed of the three core ideas of

problem-based learning, student-centered learning, and collaborative learning, active learning

attempts to better connect students to real world situations (DiMatteo, A. and Anenson 22). This

form of education has revolutionised the way educators teach mainly through a case-by-case

approach, in which students must open up their minds and think creatively, rather than just

logistically, applying the knowledge they have learned (23). Active learning primarily occurs

through the use of mock-cases, and aids aspiring lawyers to learn how to properly handle shifting

environments and the stress that comes with their line of work. New wave education forms such

as this have taken a rise in recent years, especially in regards to those learning business law, and

differs in the classic Landegellian approach, which not only presents mock cases, but allows

students to learn about the first-hand issues that may arise during a trial (Valenti & Benson 68).
 Hord 10

A learning approach based around the concept of real-world cases help students to

understand some of the challenges that come with working as a lawyer. Those who wish to make

a life as a lawyer must take a moment to note that a number of highs and lows come with the job.

No matter what line of work one works in as a lawyer, she must understand that with every client

comes a story, and with that, an array of emotions (Edwards). Lawyers encounter a number of

people, and must come off empathetic to all situations, never appearing to lack compassion, or

acting unfazed by what may have occurred in a client’s life. The job of the lawyer includes the

duty one has to understand and relate to a client, rather than to appear as simply as a person who

will represent them absentmindedly during a custody hearing or defend them. The lawyer’s job

requires commitment of the heart and mind, a dedication for the people they work to protect, and

an understanding for the pain and joy their clients may find themselves experiencing.

Additionally, one must also work flexibly, juggling multiple cases at one time, while maintaining

a personal relationship with each of his or her’s clients (Edwards). The work of a lawyer never

lies only with her paperwork or the oral arguments she presents, but encompases the entirety of

each social process with every new client.

Other challenges within the legal system include a number of issues regarding social

shifts and the constant change of ideas in the United States. Between cases like ​Roe v. Wade​ and

Reed v. Reed,​ lawyers must always prepare to face outrage and uproar about pressing matters

(Hirshman 60). Today, the impact the legal system has presented has grown stronger than ever in

regards to the current state of the United States, largely due to the emergence of a new President

and the continuing disputes over foreign policy and in-country issues. One of the main issues the

courts have become involved with includes the Deferred Action for Childhood Arrivals (DACA),
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which relates to the children of undocumented immigrants and their residency within the United

States. Recently, DACA’s relevance has grown, as has the need for a definitive response

regarding its legality and jurisdiction at both the state and the federal government. Later on in the

final months of 2017, the justices of the Supreme Court released an unsigned opinion pertaining

to the administrative program with the lower courts, stemming from a series of lawsuits

conferred from the states of California, Maine, Minnesota, and Maryland (“Justices Over

DACA”). Issues of social reform allow the courts to stay connected with modern developments

and the various opinions that form the United States, but also pose an issue for many individuals.

Yet another social complication lies in the concept of bias, which may affect case

outcomes and the interpretation of the law itself. Another recent case, ​Peña Rodriguez v.

Colorado,​ came after a Mexican man by the name of Peña Rodriguez found himself caught

amongst a conflict centered around discrimination, where a juror falsely tried Rodriguez on the

premise of his ethnicity (“Jury Secrecy”). A discovery that a juror from Colorado made included

a disturbing statement relating to a subject of a criminal trial first brought the case to the news,

bringing with it the details that the juror stated the man committed the crime because of his

Mexican heritage, raising the flag of bias (“Bias Taints Deliberations”). Though the courts work

to eliminate all bias, it comes from human nature and often goes unnoticed, but represents

another challenge a lawyer must face when presenting a case to certain audiences. Sadly, the

extent of bias exists not only with race, but to gender as well, and it has posed as an issue for

generations of female lawyers all across America.

Sexual bias, and the lack of female presence within the legal field have existed since the

introduction of law. Over time, women have worked their way into law, fighting for their rights
 Hord 12

with persistence and teamwork, allowing them to achieve goals for women all across the country

(Blanco). Women flocked in a mass to the legal profession during the 1970s, and since, have

continued to achieve equality, while increasing in applicancy every year (Merril, Brit and Nash

41). In 1848 at Seneca Falls, New York, women began working to make their voices heard and

to appeal to society as equals (38). Women’s demands for equality began in 1869, when Ada

Harriet Kepley became the first woman to successfully pass and graduate from law school, and

eventually lead to the passing of an anti-sex discrimination bill in 1872, which allowed women to

practice law for the first time in America’s history (38). Kepley’s accomplishments set the

precedent for female lawyers, including Charlotte Ray, who became the first ever female African

American to graduate from law school, and the first accepted to the American Bar Association

(39). After the monumental introduction of women in the 1970s, more landmark moments arose,

including the introduction of Roberta Cooper Ramos as the first female President of the

American Bar Association in 1994 (Merry & Nash 40). Though women still receive less credit

and continue to face issues presented by employers who do not wish to give equal opportunities,

significant events have unfolded over the years, and given way to a number of successes

(Boutcher, Steven & Silver 1152).

On September 25, 1981, one of the most important accomplishments made by a woman

of the legal field occurred in the United States, marking one of the largest steps towards equality

since the 1800s (Monroe). On this day, Sandra Day O’Connor, a lawyer from El Paso, Texas,

earned a spot on the Supreme Court of the United States, making history as the first female to do

so (Monroe). The appointment of Sandra Day O’Connor rocked the legal system, and led way to

another female introduction to the Supreme Court in 1993, Justice Ruth Bader Ginsburg
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(“Ginsburg, Ruth Bader”). Known as one of the most outspoken justice of the Supreme Court,

Justice Ginsburg has made herself known through her cases such as ​VMI v. United States​, where

she worked on with O’Connor to eliminate gender barriers against women at the Virginia

Military Institute (Hirshman 235). Together, Ginsburg and O’Connor helped eliminate gender

bias and resolve issues surrounding women’s rights and equality (​xxi)​ . Along with standing up

for human rights, Ginsburg also highlights the challenges that go along with balancing work and

family as a working mother, even breaking down gender stereotypes with her husband by

reversing roles as the breadwinner and the stay at home parent (Carmon 100). Ginsburg also

endured two cancer battles of her own, as well as two battles fought by her husband, who she

cared for until his death in 2010. Despite the complications surrounding her husband’s death, she

never missed a day of work, highlighting the level of attention required to fulfill a career at the

troughest level (105-107).

A career in the legal field requires a strong understanding of the principles that make up

the legal codes within the United States, as well as the drive required when faced with pressing

issues pertaining to social, governmental, and legal challenges. The role of a lawyer must not

only include winning a case or presenting the best argument, but it must come from the heart and

show the determination to uphold the principles of justice.

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