Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50March 31, 2014“Over opinionated and under informed” –DawsonCourse will consist of:-Midterm 50% of final grade- Multiple Choice, True/False Questions-Final (Comprehensive) 50% of final grade- Multiple Choice, True/False QuestionsHow to succeed:-Read assigned readings before class(only readings required are from assigned textbook, Selected Readings not necessary)-Lectures VERY importantStructure of information presented through the quarter:-Substances, Procedures-Civil vs. Criminal-Torts: people harming other people (Dawson’s area of practice!!)o Negligence, products liability malpracticeApril 2, 2014Sources of Law:-United States Constitutiono Formed the United States, powers divided up, President-enforce, Congress-write, power to declare law, Courts-interpret lawso Bill of Rightso State Constitutions-Cases, Precedento When a trial is appealed—Court of Appealso Decide whether or not things are justo Write a formal decision=Precedento 50’s-didn’t allow children to sue parents (precedent)o 70’s-threw out old precedent, new precedent createdo Slow way to change the law-Statutes, State Lawo Faster way to change the law (3 months)o Legislature passes state laws on everythingo Definitions of crimes, ruleso Voted on, signed by governoro City council passes ordinances—same idea, city law-Administrative Regulationso Administrative agencies set up by legislature-specializationo Department of Labor and Industries, Port of Seattle—exampleThree Characteristics of Legal Rules:1. Moral Judgmento Moral componento “wrong to intentionally kill someone not harming others” Examples: murder, pollution, taxes, etc.o Pretty universal ideao Criminal and Civil caseso “best interest of the child” Example: custodyo Divided moral topics—hard to pass a law2. Common Senseo Element in most laws Example: Murder vs. Shoplifting: wrong but punished differently3. Not Exacto Gray areas Example: Self defense—how much force is allowed? “reasonable force”Three Theories of Law1. Natural Law, “the law of what is right”o Doesn’t have to be written downo Not universal Example: killing people based on religion=WRONG2. Positive Law, “who has the power makes the law”o Want power, based on powero Court system, Judges=LOTS of power Example: execution, custody, etc.3. Sociological Law, “whatever works”o Find ways to solve societal problems Example: Someone growing up in violent life—are now violent Jail doesn’t make the most sense, how do you help?Two Systems of LawCriminal vs. Civil-Reliefo Criminal: prison, jail, counseling, fineo Civil: money, equity (stop someone from actions, make someone act)-Burden of Proofo Criminal: unanimous jury, proof beyond reasonable doubto Civil: scales of justice, over 50% evidence on one side-Number of Jurors Needed for Verdicto Criminal: unanimouso Civil: 10 out of 12, or 5 out of 6-Procedures, look at what is at stakeo Depends on how serious crime iso Criminal: handcuffs, shackles, are they necessary?o Some procedures are the same (plaintiff starts)o Same people for the most partApril 4, 2014CourtsTrial Courts-Small Claimso Fast and efficiento Civil onlyo Small disputes over money, up to $7500 No lawyers- Example: landlord won’t return money Cannot sue for equity, just money- Municipal Courto City courto Criminal onlyo City laws called ordinance All minor crimes, consists of small violations- Example: stealing driving and other criminal laws-District Courto Hears criminal cases of misdemeanors and gross misdemeanors Misdemeanor=crime where you can be put in jail for up to 90 days Gross Misdemeanor=crime where you can be in jail for up to a yearo Hears civil cases Up to $75000-Superior Court (one in every country)o Felony, misdemeanor, and gross misdemeanors Felony=crime for prison (more than a year)- Example: major assaults, stabbing, burglary, murder, divorce, injury, and other big money cases***Reason why there aren’t enough judges=lack of money due to not having enough taxingNo oral argumentsOther Courts-Court of Appeals (no trials)o Uses records from trial to explain why trial is unfair If unfair, sends back to superior If fair, it is affirmedo 3 per whole stateo You have the right to one appeal-State Supreme Court (no trials)o Appellico 1 per stateo Has Justices, not Judgeso Discretionary Appeal They let you know, they don’t have to take your caseso Huge cases—education, pollution, life and death Can reverse or dismiss caseo Direct Review—goes straight from Superior to State Court If involves capital punishment, same-sex marriageo A Precedent (higher court decisions) binds the courts below itFederal Court System (U.S. States)1. U.S. District Court2. U.S. Court of Appeals3. U.S. Supreme Courto 80,000 cases, only takes 185o A Justice, only biggest of