Management 200DawsonStudy Guide for FinalSpring 2014Extensive List of Concepts for ENTIRE QUARTER:-The Court SystemWhere 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, SuperiorAppellate Courts: Court of Appeals, State SupremeWhat does the Federal Court System consist of?-Substantive Criminal LawWhat 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 toDefine and distinguish between crimes: Homicide: Justifiable, Excusable, CriminalPhases to Washington State’s death penalty convictionDefinitions of crime discussed in class: Manslaughter (1st and 2nd degree), Assault, Robbery, Theft, Kidnapping, Sexual Assault, Rape of a ChildWhat 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 ProcedureGeneral order of how someone is convicted from police activity to appeals and sentencingSearch and Seizure Law: history, 4th amendmentWhat 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 RuleRight to Counsel: 6th amendmentWhat 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 LitigationSubstance vs. ProcedureWhat 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?-TortsWhat is a tort? Name the different types of tortsWhat happened in the McDonalds story discussed in class?Explain Intentional Torts: Battery, Assault, Mental DistressExplain what elements are required for a tort to be negligentWhat is professional negligence? What are defenses to negligence?Compare and contrast Contributory Negligence and Comparative NegligenceWhat is strict liability? What is products liability?-ContractsWhat is a contract?What are the types of contracts? Details about executory, enforceable, void, express, implied, and voidableWhat are requirements of contracts?What happens when a contract is breached?-Real PropertyWhat 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 covenantsWhat is a deed? Details about Statutory Warranty and Quit ClaimWhat is title insurance? What are the types of title insurance?Know the process for buying a house, with a lender, with a contractWhat 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 OperationsWhat 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 LawThink about the antitrust story Dawson explained (fish eating other fish) how competition worksDetails 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 LawWhat is included in Articles I-III? Know amendments 1-27What is included in the incorporation doctrine? Due Process, Bill of RightsDetails in 14th Amendment: Due Process (Procedural and Substantive) Equal ProtectionDetails in 1st Amendment: Freedom of Religion, Assembly, Press, SpeechThe 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 lawIncludes the Bill of Rights, States have their own constitutions as wellCases that are appealed go to the Court of Appeals where it is decided whether or not the case isjust. 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 precedentState 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 arevoted 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 Departmentof 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