Constitutional Law
Overview and Practice Tests
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Discover PremiumWhat is Constitutional Law?
Constitutional law focuses on the law as it is related to the United States Constitution. This includes the relationships between the three branches of federal government, relationships between the federal, state, and local governments, and the interpretation of different provisions of the Constitution, including the Bill of Rights.
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Common Major Constitutional Issues
Most civil cases will adhere to the following stages: filing the suit; pleadings and pre-trial motions and orders; discovery and depositions; trial; judgment; and post-trial procedures and remedies. Here is an overview of each stage of a civil case:
Filing the Suit
A civil lawsuit will typically commence by filing what is referred to as a complaint in civil court. This complaint will be sent by a process server to be served on the defendant.
Pleadings and Pre-Trial Motions and Orders
In response to the plaintiff’s complaint, the defendant will file an answer detailing any and all defenses to the claim. Several rounds of updated complaints and answers may be issued by both parties. In addition, pre-trial motions may be filed by the parties to the court, to do things such as dismiss the case, prevent certain documents or evidence from being admitted, or for restraining orders against the other party. The court will issue orders rendering a decision on these motions, which will be binding on the parties.
Discovery and Depositions
Next, a process referred to as discovery will take place. During this process, both parties will seek out information from the other party that is relevant to their claim or defense. These are often issued in the form of Requests for Documents, Requests for Admission, and Interrogatories to the parties or to outside parties with relevant documentation relating to the case. The attorneys will often conduct depositions, where they call in the other party, witnesses, or other people with relevant information about the case, and question them under oath to later use in court or to determine whether they would make a good witness at trial.
Civil Trial
If the case is not settled before trial, then the parties will proceed to the trial phase. A jury will be selected if a jury trial is chosen. The case may also be a bench trial, where a judge is the finder of fact. Both parties will present their case before the judge and jury, and the fact finder will deliberate on the findings to render a decision.
Judgment
Once the fact finder has come to a decision, they will announce their decision, referred to as a judgment, in open court. This judgment will determine whose case prevails, what type of compensation or action is available to either party, and who is responsible for paying the other party’s attorney’s fees.
Post-Trial Procedures and Remedies
If the losing party disagrees with the judgment, they may file an appeal with a higher court to try and get the judgment reversed. The winning party who has received a judgment for compensation will have to execute the judgment in order to receive compensation. This involves attempting to locate eligible funds or property that can be used to pay what the judge has ordered the other party to pay in damages.
How to Become a Constitutional Lawyer
After graduating with a Bachelor’s Degree, a prospective lawyer will take the LSAT and apply to law school. Once admitted to law school, students will study the common law and the specific law of their state, along with taking upper-level courses in legal topics that are of interest to them. During school, there are many opportunities to gain useful experience for practice. This can be done by serving on your school’s law journal, being involved in moot court or your school’s pro bono program, or interning or working for judges or local law firms. This experience will not only be helpful for later practice, but will look great on your resume and make for a well-rounded law school experience.
After law school graduation, students study for and take the Multistate Professional Responsibility Exam (MPRE) and the State Bar Exam. After obtaining the necessary passing scores on the required exams, you can apply to the State Bar for your law license and get sworn in to practice law.
Requirements to Enter the Profession
- Bachelor’s Degree
- Law school degree (J.D.)
- MPRE and Bar exam passage
- Law license
- Practical experience
Job Description and Duties
A constitutional lawyer can work in many settings, from a civil firm to a criminal firm. Constitutional lawyers may choose to represent criminal defendants and defend them using constitutional law arguments to suppress evidence and get their cases dismissed. Many choose to work as civil rights attorneys, representing clients who have been the victim of civil rights abuses and taking their cases before a court.
Constitutional lawyers must have extensive knowledge of the U.S. Constitution, the relevant cases and laws, and will often conduct legal research, prepare legal briefs and other legal documents, and prepare cases for their clients. Some civil rights attorneys work in an appellate setting, where they draft appellate briefs on behalf of their clients and present oral arguments in front of an appellate court, such as a Court of Appeals or even the Supreme Court.
Salary Information and Employment Outlook
Many constitutional law attorneys work as staff attorneys for civil rights organizations. The average salary for a staff attorney is $67,950, with a salary range of $46,000-$104,000.
According to the U.S. Bureau of Labor Statistics (BLS), the projected job growth for attorneys is 8% from 2016-2026.
Constitutional law attorneys can work in a variety of settings, from criminal law firms to civil rights organizations. Gaining experience during law school will be helpful to transitioning to a firm or organization environment post-graduation. If you are interested in becoming a civil rights attorney, it may also be helpful to take some civil rights or upper-level constitutional law classes that are offered at your school.
Given the complexity of subjects like constitutional law, it’s crucial to be well-prepared for the Bar exam. If you’re wondering about the exam’s retake policies, learn how many times you can take the Bar exam to strategize your study plan effectively.
Interested in a legal career beyond traditional paths? Explore how you can qualify to take the Bar Exam without completing law school, opening doors to diverse legal professions, including con law.
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