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Management 200
UW Intro to Law
| Term | Definition |
|---|---|
| Amendment 4 | to secure in persons and houses against unreasonable searches and seizures, no warrant shall issue unless supported by oath or affirmation specifically describing place, person to search. |
| The narrow exceptions to the warrant requirement are | 1. Consensual searches 2. stop and frisk searches 3. border searches 4. hot pursuit 5. airport and courthouse search |
| The three part test | 1. Public necessity: to search and the harm to the public 2. efficacy of the search: the likelihood the search will be effective to avert potential harms 3. degree of intrusion (level): evaluate intrusion into the privacy and effects of the citizens |
| Skipworth court | those seeking entrance into the country are subject to search based on mere or unsupported suspicion. |
| state of nature | anarchy, before the rule of positive law comes in. |
| constitutionalism | 1. natural law: eternal law 2. positive law: to regulate an ordered society 3. govt shouldn't interfere the private domain of individuals unless positive law says so 4. constitution: the highest law in the land, written document, can be amended |
| people's powers under the us constitution (15th, 19th, 26th amendments) | voting on initiatives (petition signed by registered voters can force public to vote); voting on referendums (popular vote originated by petition to overturn legislation already passed at the state or local levels); voting on constitutional amendments. |
| Amendment 9 | The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. |
| federalism | political arrangement in levels of government to provide services |
| supremacy clause | When federal/state laws overlap in a specific subject matter, federal law trumps (wins over) state and local law. It preempts (overrule) state law if both federal law and state law exist in a specified field. Federal law generally invalidates any conflict |
| Federal government | congress, president, supreme court |
| state governent | senate, governor, state supreme court |
| county government | county council, county executive, superior court |
| city government | city council, mayor, municipal court |
| Amendment 10 | Referred to as the police power, the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states, repectively, or to the people. |
| seperation of powers | the relationship among the various three branches, executive, judicial, and legislative |
| congress | both house and senate |
| executive brance | state-governor county-executive city-mayor federal-president |
| the oath of office of the president | an oath or affirmation required by the united states constitution before the president begins the execution of the office |
| electoral college (amendment 12) | senate (2) + representatives |
| veto | limited in United States: 2/3 vote in both the House and Senate may override. A veto allows its holder to protect the status quo. |
| terms (amendment 22) | No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term. |
| appoint federal judges | appointed by president and affirmed by senate |
| executive orders | signed by the president to help officers and agencies of the executive branch manage the operations within the federal government |
| members/directors of administrative agencies | appointed |
| commander in chief of military | president |
| cabinet | the United States, the Cabinet does not function as a collective legislative influence; rather, their primary role is as an official advisory council to the head of government. In this way, the President gets opinions and advice in upcoming decisions. |
| The president shall have power to grant reprieves and pardons for offenses against the united states | except in cases of impeachment |
| impeachment | Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment. |
| reprieve | suspesion of penalties associated with a conviction |
| pardon | absolute or conditional, and erase the conviction of an individual or a class of people |
| the legislative branch | city: city council county: county council state: senate/house federal: congress (HoR and senates), no term limits |
| statute | Federal and state made law |
| counties and cities | ordinances |
| house of representatives | 435 districts set by statute (not constitution) 538 draw lines to maximize votes 2 year term, unlimited term jerrymandering: manipulating district boundaries to create partisan advantaged districts 1 person 1 vote 25yr old |
| power of house of representatives | 1. declare war 2. establish court 3. override veto of president 4. impeachment |
| senate | 6 yr term/2 senators, reelected confirm all federal judges (and justices) confirm president cabinet filibuster (extend debate) or cloture (stop filibuster) 60 votes 30yr old |
| special powers congress | 1. right to make rules that affect interstate commerce 2. the power to tax |
| the commerce clause | the supreme court has held that congress has the power to regulate any activity that affects interstate commerce. In practice, this gives federal governmnet the power to make many types of laws. |
| federal judicial branch | supreme court of 9 justives, # set by statute federal courts of appeals (13 circuit courts with four more justice and 179 judges) federal district courts |
| judge's features | -lifttime appointed by president/ confirmed by majority senate -most cases are mundane, but politically charged cases get all attention: guns, abortion, property, gay marriage,affirmative action, capital philosophies play a HUGE role in their decision |
| Justice Breyer | legislative, chief lawyer living constitution and judicial activist |
| Justice scalia | originalist and strict constructionist |
| Justice Roberts | executive, thinks a judge's job is to call balls and strikes, not to pitch or bat |
| What plays a huge role in selection of all federal judges, and supreme court judges in particular? | politics: filibuster |
| Justices are subject to? | Impeachment |
| Justices hear federal cases involving | 1) the us constitution 2) federal laws, rules, agencies but not legal controversies involving just state laws |
| state judicial branch | washington state supreme court: 9 justices court of appeals: three divisions, mutiple judges superior court: 100s, trial courts |
| Judges are appointed or voted on by the citizens? T or F | True |
| Courts may not make common law. T or F | False. They may. |
| Precedent | the decision of an appellate court is binding upon lower courts |
| stare decisis | the idea that once a major decision is made, it should not be reexamined unless extradinary circunstances exist |
| separation of powers | the relationship among 3 branches (executive, legislative, and judicial) |
| Impeachment | The legislative check on executive and judicial brance abuse of power. The house of representatives shall have the sole power of impeachment by a majority vote. |
| When the president of us is tried... | the chief justice shall preside, and no person shall be convicted without the concurrnce of two thirds of th members present |
| Judgement in case of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, T or F | True |
| The bill of rights | shorthand for the first 10 amendments to the federal constitution |
| The bill of rights was originally meant to appply to the states. T or F | False. Only to federal government first. |
| Amendment 1 | congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereoff or abridging the freedom of speech, or of the press; or the right to peacefully assemble, and to petition for redress of grievances |
| amendment 2 | A well regulated militia being necessary to the security of a free state, the right of people to keep and bear arms, shall not be infringed |
| Amendment 5 | 1. None shall be held to answer for a crime unless on a grand jury, except for land/nval, militia, war, public danger. Nor double jeopardy, nor shall be compelled in any criminal case to be a witness against himself due process just compensation |
| due process | respect all of the legal rights that are owed to a person (fundamental fairness) |
| double jeopardy | subject for the same offense to be twice put in jeopardy |
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by... | impartial jury of the state and district where in the crime shall have been committed, and have the assistence of counsel for his defense |
| amendment 8 | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
| amendment 14 (post civil war amandment) | no law deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws |
| equal protection | the law must treat people the same |
| the incorporated doctrine | apply the bill of rights from federal to states |
| After citizens united, corporations may either | 1. spech money buying adds in a local paper recommanding voting for/against candidates 2. give unlimited money to third parties that will then buy adds for/against a candidates, thus keeping the identity of the corporation secret |
| business and commercial speech | 1. advertisement for lgal services are protected by 1st amendment, this applies however tasteless the adds happen to be 2. untruthful commercial speech may be regulated |
| Can employer fire you? | The 1st amendment only prevents the government from passing laws regulating speech; it doesn't preclude private parties from making rules relating to free expression. |
| Does the first amendment protect businesses that purport to sll contect from state and feral regulations directed at that content? | Not exactly, child pornography, obscenity |
| Test of obscenity | 1. an averege person, applying standards, find that the work, taken as a whole appeals to disgusting interest 2. depicts in a patently offensive way sexual conduct defined by state law 3. lacks serious literary, artistic, political or scientific value |
| child pornography | unprotected speech subject to content based regulation, the state may criminalize the publication, possession or distribution of child pornography |
| there are laws regulating violent video game, T or F | False. It is protected by amendment 1 |
| prior restraint (mostly unconstitutional, but still allowed in cases that directly, inevitably, and immediately damages national security) | the government may not tell the press it may not publish something prior to the publication. |
| libel and slander lawsuits punish post publication | If you say something that is not true and it damages someone's reputation, the 1st amendment doesn't protect you from being sued. |
| Under amendment 1, expressive conduct is given the same protection as speech, T or F | True |
| state of virginia made it illegel to | burn a cross with the intent of intimidating any person or group |
| prima facie | speak for itself |
| non-political speech may not be regulate if it is inapproporiate | banner, black armbands, sexual metaphored speech |
| four points that prove schools can regulate non-political speech | 1. constitutional rights of students in public schools are not automatically coextensive with the rights of adults in other settings. In school, right=light of special characteristic of school environment 2. custodial tutor 3. determine drug use |
| expressive association | some form of public or private expression |
| eminent domain | the idea that the governmnet can take your property, even against your will, if it is needed for a government purpose |
| If eminent domain happens, the government has to.. | fairly compensate you with "just compensation" |
| regulatory takings | this occurs when a new local rule limits your right to do what you previously could, with your property. You are likely not due money because your reduced value property still have substantial value. |
| two focus on religion in the amendment 1 | 1. the establishment clause 2. the free exercise clause |
| examples of courts rules of religion and free speech | give religious clubs equal footing in grade schools, void teaching evolution if intended to promote religious belief |
| jucdicial activism | granting people more freedom |
| undergoing sterilization is a violation of the... | 14th amendment's equal protection |
| "penumbras and emanations" of the bill of rights | means other constitutional protection. it solves the contraceptive access to both married and unmarried couple. |
| the roots of right to privacy are found in... | 1. the first amendment 2. penumbras of the bill of rights 3. the concept of liberty in amendment 14 |
| roe v. wade won because... | the right to privacy |
| post-roe world | statute regulations are measured against the constitutional rule that women have recognized constitutional right to an abortion. state ofen make it more difficult to obtain abortions by 1. parental notification rules 2. supreme court allow states deny |
| th policy of state of washington about the right to privacy | everyone has the fundamental right to choose or refuse 1. birth control 2. abortion the state shall not deny or interfere with a woman's right to abortion |
| the us constitution via the right to privacy, and other implied rights | 1. right to interracial marriage 2. forbids states from criminalizing same sex marriage (Bower v. Hardwick) 3. same sex marriage (DOMA) |
| Does amendment 2 create an individual right? | Yes. It creates an individual right to bear arms for self-defense |
| what is the original purpose of the amendment 2 | to limit the ability of federal government |
| The amendment 2 authorizes individuals or corporations to organize, maintain, or employ an armed body of men. T or F | False. Opposite |
| If one doesn't have a license to carry a concealed pistol, one can only... | have it in their home or business. Cannot carry pistol in car. |
| Political subdivisions may restrict the discharge of firearms in any portion of their respective jurisdictions where there is ... | a reasonable likelihood that humans, domestic animals or property will be jeopardized |
| courts are free, T or F | true |
| courts are dependent of the other branches of government, T or F | False, but they rely upon the other branches of government to carry out their mandates or orders |
| there are two types of courts | 1. trial court 2. appellate court |
| once the trial begins | 1. determine evidences admissible or not 2. judge decide the fact if no jury 3. court will instruct the jury to decide if they are present 4. judge/jury determine what the appropriate law is 5. criminal cases judges impose punishment, but no death |
| features of an appellate court | no new evidence or witness, only base on trial court transcript; determine if the evidence is sufficient; determine if error occured. |
| How can appellate court affect a case? | 1. reverse 2. affirm 3. remand (send back and do differently) |
| civil suit (for what and what's burden of proof) | for money preponderance of the evidence |
| criminal suit | for a crime beyond a reasonable doubt |
| actions in equity (seeks equitable relief) | doesn't invlove the right to a jury trial ask the court1. in a civil case, order defendent do things 2. annul a contract 3. tell the other party to stop doing something (issue an injunction) |
| juveniles criminal cases are not equitable actions, T or F | False. There are no jury. |
| Jurisdiction1: Political/geographic | right geographic area to file a lawsuit |
| Jurisdiction2: subject matter | which court within the area you need to file your lawsuit. Washington state: supreme court (appellate) court of appeals (3) superior court (trial-felonies, any money) district/municipal court |
| Jurisdiction3: of the person (in personam jurisdiction) and property (in rem jurisdiction) | jurisdiction only occurs after the particular party being sued has been served with a summons and complaint |
| substantive law | the elements of the lawsuit |
| procedural law | the rules of how the game of lawsuits are played |
| a plaintiff and defendant living in different state may move a lawsuit, begun in staets, to the federal court, provided that the amount in controversy exceeds ( ) according to ( ) | $75,000 diversity jurisdiction |
| jurisdiction and the internet | 1. passive websits are insufficient for juris; 2. interactive websites, court will look for level of interaction and commercial quality to the communications 3. commercial websites that involve the sharing of data is sufficient to confer jurisdiction |
| jurisdction is decided on a case-by-case basis, T or F | True |
| Venue | place, once we decided jurisdiction, the next is the actual place for the trial. |
| Parties to a lawsuit | 1. plaintiff: seeking something 2. defendent: responding to the plaintiff 3. appellant: on appeal, seeks something 4. respondent: on appeal respond appellant |
| summons | invitation to the lawsuit |
| complaints | statement of allegation, and request for relief |
| answer | defendent's response to summons and complaint |
| default judgment | didn't answer summons and complaints in time, you lose by default |
| pleading | public records filed with court |
| motion to dismiss for failure to state and claim | defendent can ask the court to throw out the case because the plaintiff's claim does not contain enough detail |
| pretrial discovery1: subpoena (duces tecum) | a demand to see or have documents, reports |
| pretrial discovery2: interrogatory | questions asked by the opposing side to answer under oath |
| pretrial discovery3: deposition | opposing attorney asks questions under oath, face to face, with a court reporter present |
| pretrial discovery4: policy goal | promote a pretrial settlement of exchanging information |
| summary judgment | no dispute after discover, so no need for jury |
| civil cases don't get jury, T or F | False. they do if the amount in controversy is significant enough |
| no juries are allowed in family law cases (divorse, custody) | True. |
| Not all criminal cases need a jury, T or F | False. It is a constitutional right to have a jury if there's potential for jail. |
| preemtory challenge | each atttorney in a superior court case, may excuse up to 6 jurors for any reason |
| a judge tells the jury what facts are proven, T or F | False. When juries are present, a judge can never decide if the facts are proven |
| direct examination | plaintiff's lawyer question the witnesses of plaintiff |
| relevent evidence | courts regulate the relevance of evidents to be presented |
| objection | dispute concerning the presentation of evidence. May be sustained (supported) or overruled (rejected) |
| cross examination | the opposing party questions your witness |
| motion to dismiss for failure to make a prima facie case (at the end of the plaintiff's case) | the plaintiff failed to prove a fact, or the proven facts didn't meet the burden of proof, or the law requires the plaintiff to lose |
| motion for a directed verdict (at the end of the defendant's case) | same rationale as the prima facie case |
| verdict | A jury may reach a verdict or call a hung jury. |
| Double jeopardy applies to all case, T or F | False, criminal only. doesn't apply to criminal-civil, or federal-state matters, only applies to successive criminal matters in the same system |
| collection of money by plaintiff with 4 things to obtain | 1. Garnishment: take money from paycheck or property 2. order of examination: under oath, ask deposition of assets 3. bankruptcy: defendant move assets somewhere to hide 4. appeals |
| reasons for alternative disput resolutions instead of trials | 1. expensive 2. time-consuming 3. uncertain |
| ADR method1: negotiation and settlement | frequently used |
| ADR method2: mediation | third-party go back and forth to reach the best solution. Non adversarial. Frequently deals with contract issue. |
| ADR method3: arbitration: | binding (by arbitrator) or voluntary mini trial with or without judge result is more often a compromise, can seldom be appealed used on mutually agreed contracts |
| the federal government has provided some possibly relift to aggrieved parties if | 1. there's corruption or fraud 2. judge is biase or corrupt 3. judge prejudice a party 4. arbitrator exceeded authority |
| Arbitration need you to give up procedural rights, not your substantive rights, T or F | T |
| ADR method4: neutral case evaluation | a knowledgeable third-party asesses the case and offers opinion (high-tech, patent) |
| ADR method5: minitrials | non binding trial before a neutral party, which issues decision, can be used or rejected. This helps case 1. complex 2. with a core factual dispute 3. significant sum of money on the table |
| amendment 1 has three restriction | time, place, manner |
| ADR method6: private trials | similar to arbitration, but the referees report goes to the court, and either party and either party can tell the court for a full trial |
| ADR method7: summary jury trials | short trials , purely advisory, not binding on anyone. Helpful to parties to assess their relative likelihood of prevailing in a real trial. |
| ADR method8: court annexed ADR | mandated ADR by local court rule or statute, prior to trial. If not solved, take to trial |
| the adversary system | each side tries to win; not a pure truth finding system. |
| education of a lawyer | college degree + three years of law school + pass bar exam |
| the federal bar also admits lawyer, and they don't require state bar, T or F | False, state bar is required before federal bar |
| why is licensing required for lawyer? | fiduciary relationship |
| fiduciary relationship | absolute duty of honesty, trust, good faith, and best efforts on behalf of the client |
| lawyers are only obligated to give legal advice, T or F | False, they also prepare document and litigate |
| Nobody is required to obtain the services of an attorney. You can represent yourself. T or F | T |
| Pro se | represent yourself without lawyer |
| issues can be done without a lawyer | 1. simple divorce 2. small claim court 3. simple wills |
| What happens if one practices law without authorization? | It's a crime to be prosecuted. |
| Worldwide, only lawyers are allowed to be equity owners or partners in a law firm. T or F? | F, only in US |
| even solo practitioners will be LLC or LLP for purpose of liability. T or F? | T |
| Pro and cons of large law firms | Pro: good pay, big deals, good reputation Con: long hours, high expectations |
| small to medium size partnership | specialized |
| Pro Bono work | Volunteering service to the poor |
| government attorneys | 1. prosecutors 2. public defenders |
| public prosecutors | both prosecutors and us attorneys are officers of court and government agents, their duty is to do justice, not simply win cases (cannot hide evidence, even harm the client) |
| public defenders | free legal representations to those charged with crimes; right to counsel via amendment 6; must zealously represent a client even if he knows guilty |
| A breach of the rules for professional conduct of attorneys will lead to... | 1. disbarment 2. suspension of practice 3. probation (period of supervision) 4. censure (disapproval) |
| examples of breach to professional code | 1. high fees 2. solicitation after mass disaster 3. representing diverse interest (fiduciary) 4. direct communication to opposing party 5. sexual relationship with client |
| the attorney client privilege | all communication made to an attorney must remain confidential, the privilege belongs to the client |
| feature of attorney client privilege | 1. doesn't apply to future harm 2. survives the death of the client 3. doesn't exist if other people are present 4. if client admits crime to attorney, attorney cannot put client to witness |
| duty of confidentiality | this duty if broader than the privilege, which protect any information the lawyer learns about his client during representation even if not from the client |
| Fiduciary obligation ends when the attorney-client relationship ends, T or F | False, it continues post-representation. Attorneys must be careful not to do anything that would imperil previous clients or serve to undermine their secrets |
| Conflict of interest | the opposing sides are both your clients between money and decision attempting to represent multiple clients charged with the same criminal offense lawyer changing job |
| federal rule of civil procedure 11 | to bar frivolous (prevent unnecessary) lawsuit by awarding attorney fees to the prevailing party if the lawsuit is shown to be meritless. |
| right to counsel | 6th amendment - provides accused in criminal cases with an attorney |
| Why provides accused in criminal cases with an attorney? | the adversarial system: without an attorney, an innocent may be convicted because he doesn't excel in defending. |
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