Management 200 Dawson Study Guide Midterm Spring 2014 Extensive List of Concepts The Court System Where do laws come from What do legal rules consist of What are three theories of law that Dawson talked about What are the two systems of law What is jurisdiction Original Appellate Concurrent Corporate Federal when do each apply Trial Courts Small Claims Municipal District Superior Appellate Courts Court of Appeals State Supreme What does the Federal Court System consist of Substantive Criminal Law What are some goals of criminal law What are the classifications of crimes What things are included when a crime is committed What are the parties to a crime What are ancillary piggy back crimes Attempted Conspiracy to Solicitation to Define and distinguish between crimes Homicide Justifiable Excusable Criminal Phases to Washington State s death penalty conviction Definitions of crime discussed in class Manslaughter 1st and 2nd degree Assault Robbery Theft Kidnapping Sexual Assault Rape of a Child What are some characteristics controlled substances What is determinant sentencing and what is the history of this concept Defenses Alibi Consent Self Defense Defense of Others Defense of Property Parent Teach Carrier Insanity Rule Entrapment Criminal Procedure General order of how someone is convicted from police activity to appeals and sentencing Search and Seizure Law history 4th amendment What is the Exclusionary Rule What are the exceptions to the requirement of a search warrant What is the Knock and Announce Rule What does Scope of Search mean What rules apply to electronic surveillance Confessions pros and cons involuntary Miranda Rule Right to Counsel 6th amendment What is the Speedy and Public Trial rule How is it different in Washington State from the Federal rule What are the steps in a criminal proceeding Civil Law Substance vs Procedure The United States Constitution called for a division of powers The President police enforce the laws Congress power to declare writes the law Courts interpret the law Includes the Bill of Rights States have their own constitutions as well Cases that are appealed go to the Court of Appeals where it is decided whether or not the case is just If the conclusion the court comes to is to clarify a law they write a formal decision called a precedent For example in the 50 s children were not allowed to sue their parents In the 70 s the precedent was challenged and thrown out and thus a new precedent was created Bills and Resolutions are intermediate steps to a precedent State laws are called statutes This is a faster way to change the law taking approximately three months The legislature passes state laws on everything definitions of crimes and rules They are voted on and signed by the governor When a city council makes a city law it is called an ordinance Administrative agencies are set up by the legislature to provide specialization to areas these are referred to as administrative regulations A few examples of these agencies are the Department of Labor and Industries or the Port of Seattle Legal rules have three characteristics Moral Judgment we know there is something wrong with a crime such as murder It is wrong to intentionally kill someone who is not harming others This idea is relatively universal in criminal and civil cases Sometimes referred to in custody cases what is in the best interest of the child It is hard to pass laws on moral topics that are divided such as abortion Common Sense this is present is most laws murder and shoplifting are both crimes but for obvious reasons are punished differently We know there is a difference in the degree of the crime Not exact there can be some gray area in the law For example knowing how much force is reasonable how do we determine this Dawson refers to three different theories of law Natural Law AKA The Law of What is Right it doesn t have to be written down but is not universal killing people based on religion wrong Positive Law AKA Who has the power makes the law people want power and laws are a lot of the time based on who has power the court system and judges have LOTS of power they can say someone will be executed decide custody of a child etc Sociological Law AKA Whatever Works this is finding ways to solve societal problems You have someone who grew up in a violent environment and now they are violent as adults Jail doesn t make the most sense since it s one of the most violent places how do you help this person Criminal and civil are the two systems of law Relief or punishments for these systems vary Criminal cases are punished with prison over a year jail less than a year counseling and or fines Civil cases only involve money or equity stopping someone from actions or making someone act Each system has different ways of determining how much evidence is needed to win a case this is the burden of proof For criminal cases a jury of 6 or 12 must unanimously decide that someone is guilty beyond reasonable doubt In civil cases they use a scale of justice where over 50 of evidence is in favor of one side Some civil cases require juries where you need 10 out of 12 or 5 out of 6 jurors to have a verdict where criminal cases need it to be unanimous Some procedures for criminal and civil cases are the same Most of the people are the same involved in the case and the plaintiff starts first in both systems Jurisdiction is the power of a court to hear a case This power can depend on the subject matter and or people involved The subject matter is whether or not the case is for example for a murder or for a breach of contract Different courts will hear different subjects Depending on the geographic area where a crime is committed there will be geographic jurisdiction Original jurisdiction is where the case originates Appellate jurisdiction is where a case is appealed Concurrent jurisdiction is when there are two or more courts that have power to hear a case If a case involves a corporation it involves corporate jurisdiction Certain cases will have Federal Jurisdiction if a federal question is brought up income tax immigration laws that are the same for all the United States is a part in the lawsuit U S vs Person condemnation condemning personal property or diversity when two people are suing each other from different states Dawson believes the system for the United States is psycho contradicting ideas People want it to be stable but at the same time flexible We want it to be fast but also accurate It needs to