1. natural law

-what is natural, some things are disputed a.(gay marriage)

b.(what the nazis did may have been     under orders, but unnatural)

2. positive law

3. sociological law

-what will work, drug addicts in rehab not prison

example: natural law says dont drink and drive, positive law: even the white house wife goes to jail. sociological law: are you and alcoholic?

court systems

small claims court  municipal court

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no laweyer, small civil claims city courts, biggest court (DUI, minor assault)

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district

misdemeanors, civil and criminal cases, up to $50,000. lawyers, 6 jurors

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superior court

same as above plus felony (prison more then a year) or civil dispute from $300 to infinity. overlap with other courts

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court of appeals

less courts (3 in WA) if you believe error in court finding case is reviewed

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state supreme court

to appeal here they must decide to hear your case, only about 170 cases a year

federal court system

u.s. district court

trail court, like all up to superior

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u.s court of appeals

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u.s. supreme court

hear the biggest cases. segregation, slavery. 9 appointed judges hear constitutional cases

2 types:

1. subject matter, decide where it goes (if small claim small claims court, if felony superior court)

2. personal power over the person. if in king county a king county court will hear the case, if flee may still be in king county

example: lice in cali kill in new york flee to seattle. tried in new york where the crime committed, new york has subject matter and personal jurisdiction

other types of jurisdiction:

1. original: trial court, where does it originate

2. appellate: power of hearing appeals

3. concurrent: power to hear a case against a corporation. happen where offense occured

federal types of jurisdiction (when can you go to federal court?):

1. federal question, a united states law

2. usa is a party, sue the united states or they sue you

3. diversity, when people are from diverse states (One from WA one from cali, can go to federal court)

1. punsihment

a. specific deterrence (fines, prison). punishment deters only if you 

think about it

2. warehousing

a. people are feared (serial killers) so put them in warehouse (prison or death)

3. rehabilitation

4. revenge

a. open courts, allow family to come witness

b. focuses on the victim

5. deterrence 'general deterrence'

a. public fears committing certain crimes

b. moral code, education, helps to deter people

6. missing goal...

a. victims input about sentencing

b. crimes victim compensation fund. criminals pay fines so when the criminal cant be found victims get money

1. bad act, you do something wrong

2. bad mental state

a. intent: act intentionally shown by words or actions

b. reckless, when you are creating a known substantial danger

c. negligence, doing something dangerous but you don't know

attempted (...murder)

1. intent to commit a crime

2. take a substantial step towards commission of the crime

conspiracy to...

1. intent to commit a crime

2. agree to engage in the crime with others

3. somebody takes a substantial step towards commission of a crime

solicitation to...

1. induce another person to commit a crime (offer money) 

crimes:

homicide

homicide: one human kills another

1. justifiable

a. self defense

b. power to arrest/police (they can kill people)

2. excusable

a. child

b. insane

3. criminal

a. murder in the 1st degree

i. intent to kill, must actually cause death, premeditated

b. murder in the second degree

i. intent to kill, actually cause death

felony murder: in course of felony or flight from you/participant cause death

manslaughter 1st degree: recklessly cause death

manslaughter 2nd degree: negligently cause death

for one crime only:

1. aggravated first degree murder

a. multiple victims, kill for money, kill police/fireman while carrying 

out duty, kill to conceal a crime

2. jury asked if there are any mitigating circumstances (point where offenders life is brought up, if yes prison w/o parole no death penalty)

3. mandatory appeal

4. execution: in washington lethal injection or hanging

assault (large range):

1. attempt (successful or not), with unlawful force, to inflict bodily 

injury

2. when is force lawful? some force such as reasonably against your

child is lawful

robbery (risk of violence is higher then theft so punished greater):

1. take personal property from person or presence through force or threat of force

a. personal property: things you can pick up and move

b.  intellectual property: what is written in a book, ideas

c. presence: area in close proximity around a person

burglery

1. enter or remain in a building with the intent to commit a crime 

therein (it is not always theft, assault in a building is burglary)

1. crimes have a max sentence and some have a min. due to circumstances such as moral remorse completing rehabilitation, etc.

2. used to have probation and parole system. if someone shows they are becoming better person they were given parole

3. now have determinant sentences, treats all criminals the same

4. 3 strikes your out. 3 felonies you get life no matter how small the felony

controlled substances

1. schedule drugs

a. put drugs on a list

2. prohibited acts

a. manufacture, deliver, possession (for own use), possession 

(intent to sell), sale or gift

3. penalties

1. rape in the third degree

a. sexual intercourse, nor married to victim, lack of consent or 

b. threat to property rights to victim (if you dont fuck me your fired)

2. rape in the second degree

a. sexual intercourse, force/threat of force

b. or victim is helpless

c. or victim mentally incapacitated (adults but not chronologically)

3. rape in the first degree

a. sexual intercourse, force/threat of force, use/threat of deadly

weapon or

b. inflict serious injury

c. or kidnap victim

rape of a child

1. first degree

a. victim < 12, offender + 2 months

2. second degree

a. victim 12 or 13, offender + 36 months

3. third degree

a. victim 14 or 15, offender + 48 months

1. alibi

a. you are somewhere else at the time of a crime

b. could be another reason such as being a quadriplegic

2. consent

a. consent to some physical contact or other things of the like (boxing)

3. self defense

a. can use reasonable force to precent an imminent offense against your body 

i. threat must be against your person not property

ii. not defense if not imminent (threat not imminent)

iii. reasonable means reasonable under the circumstances

iv. deadly force is reasonable if imminent danger of great 

bodily injury

4. defense of others

a. same force to defend others that could have used to defend 

yourself

5. defense of property

a. can use reasonable force to defend your property, not deadly

someone gives incriminating evidence about themselves

1. pros and cons of confessions

a. involuntary confession rule (not admissible)

b. miranda rule

i. if in custody police must give miranda rights or confession 

not admissible

ii. rights

a. right to remain silent, anything you say used against you, right to an attorney, if cant afford attorney court appoint you oone

iii. can waive but must be intelligent and voluntary 

1.     see and arrest (see a crime) or report and arrest or investigate

2.     search

3.     seizure

4.     arrest

5.     charge

a.     citation

b.     information

6.     preliminary or first court appearance

a.     when, what covered? Charge, right to counsel, plea, set for trial, jury trial/waiver, pretrial release – bail

7.     discovery (learn what the other side has against you)

a.     plea bargaining

b.     pretrial motions

8.     trial

a.     introductions

b.     voir dire (bring in the jury and ask them questions to show whether they should be on the jury or not)

                                                        i.      peremptory, each side may throw off 3 jurors (more if can prove they are biased)

c.     opening statement

d.     states case (government, city whomever’s case)

                                                        i.     direct examination, examines the witness and then the other side cross-examines

e.     motion to dismiss

f.      defense case (goes the same way as the states case)

g.     jury instruction

                                                        i.     tells jury what the law is (ex: what a dui is), how to consider expert testimony, etc.

h.     closing arguments

i.      deliberation (decide the case)

j.      verdict

                                                        i.     not guilty, they leave

                                                      ii.     guilty move to sentencing (that awful chart)

k.     appeal

                                                        i.     of right (they have to hear your case)

                                                      ii.     discretionary (you need permission)

rights

A. double jeopardy

a. exceptions

1. if jury is hung or does not reach a consensus you will be tried multiple times

2. when guilty and appeal

1. judge

make sure rules followed, decides what evidence admissible, if no jury they decide outcome

2. baliff

judges helper, does research, answers phones, gets questions from

jury to judge

3. clerk

takes care of court file, records what happens, keeps track of evidence

4. stenographer

records who says what

5. attorney

one for each side (occasionally more) argue as hard as they can 

within ethical rules that govern us, cannot be witness against client

6. jury: decides the case

7. gallery (most cases open to the public)

1. mediation

mediator helps find settlement, no power to solve case

2. arbitration

a. attorney who acts as judge and jury, case goes fast

b. times this may occur: signed an agreement such as cell phone 

company

3. private judging

two people dont want to go through court so they pay enough for a 

judge to retire and have them judge their case

A. types: documents, things, money, view (ability to inspect), bodily fluids, experiment, testimony, expert testimony

B. law of evidence

in washington 27 objections to evidence

admissible evidence rule:

1. relevant? makes a fact at issue more or less likely

2. not privileged (confidentiality between spouse, doctor, attorney, and priest)

3. not excluded: prejudiced, settlement offers, insurance, surprise, cumulative

4. not hearsay with some exceptions including dying exception

A.   informal investigation

B.    determine

a.      what claims can be made

                                                        i.     like in a drunk driving case you claim negligence

b.     parties

                                                        i.     who is at fault

                                                      ii.     example a bar is not usually at fault but can be if they over serve a customer

                                                     iii.     giving the car keys to a drunk

c.     forum

                                                        i.     where do you sue

C.    file a complaint

D.   serve summons and complaint

a.     compels you to come to court

E.    filing an answer

a.     answer the complaint, no I was not drunk, I did not run the light, etc.

F.    discovery

a.     interrogatories, written questions

                                                        i.     example: where were you drinking what is you eyesight like?

b.     Request for production

                                                        i.     Produce medical records, tax returns, etc.

c.     Request for inspection

                                                        i.     Like in the carbon monoxide case

d.     Physical or mental exam

e.     Deposition

                                                        i.     Ask the other side questions

                                                      ii.     Sit down the drunk and ask them questions with both lawyers and the court reporter present

G.   Pretrial motions

H.   Trial briefs (very similar to criminal cases)

a.     Voir dire

                                                        i.     Ask the jury questions (like in criminal case)

b.     Opening statement

c.     Plaintiff’s case

                                                        i.     Direct exam

                                                      ii.     Cross exam

d.     Motion to dismiss

e.     Defendants case

                                                        i.     Direct exam

                                                      ii.     Cross exam

f.      Jury instruction

g.     Closing arguments

h.     Deliberation

i.      Verdict (decision)

I.      Judgment

J.     Appeal

1. battery: intentional, causing apprehension of offensive contact with body

2. assault: intentional, causing apprehension of offensive contact

3. mental distress: intentional, generally malicious, cause severe emotional distress

1. duty: to act as a reasonable person under circumstances

2. breach: fail to live up to duty by ...

3. causes damages: property, medical bills, wage loss, pain and suffering

profesional:

duty: act as a reasonable ... under circumstances (coorporation)

breach: fail to live up to duty

cause: same as number 3.

1. contributory negligence: other party some amount negligent, not admissable

2. comparative negligence: if fault on both sides negligence is compared and your percentage is subtracted from the verdict

strict: when engaged in ultra hazzardous activity you are liable for hte harm without regard to fault. includes crop dustin transporting gasoline, storing explosives

product: manufacturer of a defective product that is unreasonably dangerous  liable for harm caused

1. defamatory statement, false, that harms person, business, or personal relations

must: publish, reference to plaintiff, lack of reasonable care, injury