Management 200 Dawson Study Guide for Final Spring 2014 Extensive List of Concepts for ENTIRE QUARTER 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 and Litigation Substance vs Procedure What types of evidence is there What are the rules of evidence What are the requirements for evidence to be admissible in court Explain how evidence can be excluded exclusionary rules What are the types of privileged evidence Torts What is a tort Name the different types of torts What happened in the McDonalds story discussed in class Explain Intentional Torts Battery Assault Mental Distress Explain what elements are required for a tort to be negligent What is professional negligence What are defenses to negligence Compare and contrast Contributory Negligence and Comparative Negligence What is strict liability What is products liability Contracts What is a contract What are the types of contracts Details about executory enforceable void express implied and voidable What are requirements of contracts What happens when a contract is breached Real Property What things are considered real property What is an interest in real estate Details about fee simple absolute leasehold life estate joint tenants subsurface interests above surface interests easement and restrictive covenants What is a deed Details about Statutory Warranty and Quit Claim What is title insurance What are the types of title insurance Know the process for buying a house with a lender with a contract What is adverse possession Right to survivorship Statute of Frauds Know the history of Landlord Tenant Act Duties remedies rights and termination for each party Forms of Business Operations What are the schools of social responsibility in business ethics Profit Managerial Institutional Profession Obligation Regulation Forms of Business Organizations Sole Proprietorship Partnership Corporation What are professional codes of ethics What do each focus on Antitrust Law Think about the antitrust story Dawson explained fish eating other fish how competition works Details about the schools of thought Chicago School and Harvard School What are Antitrust Statutes Sherman Act of 1890 Clayton Act 1914 How do you buy auto insurance What are the different types Constitutional Law What is included in Articles I III Know amendments 1 27 What is included in the incorporation doctrine Due Process Bill of Rights Details in 14th Amendment Due Process Procedural and Substantive Equal Protection Details in 1st Amendment Freedom of Religion Assembly Press Speech 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