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?
Substance vs. Procedure
THE COURT SYSTEM
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...
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