Lecture 1-3

Question 1

What are the areas of law that affect Business Decision Making?

Answer 1

-Contracts
-Intellectual property
-Torts
-Product Liability
-Sales
-internet law, social media, and privacy
-Environmental law and sustainability

Question 2

What are the American sources of law?

Answer 2

Primary secondary

Question 3

What are the primary sources of law?

Answer 3

-Constitutional law
(U.S constitution/constitutions of various states)
-Statutory law
laws passed by legislative bodies ex: Congress, state legislatures, or federal trade commission. ALSO includes Local Ordinances.
-Regulations created by administrative agencies ex: fed trade commission
-Case law & common law doctrine

Question 4

What are the secondary sources of law?

Answer 4

Books/Articles that summarize and clarify the primary sources of law.

Question 5

What is NCCUSL?

Answer 5

National Conference of
Commissioners on Uniform State Laws

Question 6

What are the exceptions to the warrant requirement?

Answer 6

1. Consent
2. Stop and frisk searches (reasonable suspicion)
3. Border searches
4. Hot Pursuit: Police can enter a premises w/o a warrant if they suspect a crime has been committed AND delay endangers lives AND leads to the escape of the perpetrator
5. Airport or courthouses searches

Question 7

What is Standing/Case or controversy?

Answer 7

Legal doctrine that shows personal interest has been invaded

Question 8

What constitutes a reasonable search?

Answer 8

1. Public Necessity
2. Efficacy of the search- Is the procedure averting harm w/o going too far
3. Degree of Intrusion- Evaluation of intrusion to the citizens privacy and potential effects to them.

Question 9

What is a Statuary law

Answer 9

Laws enacted by legislative bodies, a statute is in federal code of laws.

Includes local Ordinances.

Question 10

What is Local ordiances

Answer 10

Regulations passed by county governing units to deal w/ matters not covered by federal/state law. Typically about land use, safety codes, local community.

Question 11

What is an executive agency?

Answer 11

A federal agency under the executive office of the president

Question 12

What is a federal form of gov

Answer 12

The national government and the states SHARE sovereign power

Question 13

What is sovereignty?

Answer 13

power to govern themsleves

Question 14

State regulatory law/Police powers is

Answer 14

Enforcement of laws, regulate private activity, promote order, safety, etc.

Question 15

What is the privileges and immunities clause ?

Answer 15

The constitution prevents a state from imposing unreasonable burdens on citizens of another state

Question 17

full faith and credit clause

Answer 17

ensures rights under deeds, wills, contracts, and similar
instruments in one state will be honored by other states.
also ensures that any judicial decision to property rights will be enforced in all states.

Question 18

checks and balances

Answer 18

allows each branch to limit the actions of the other two, preventing any one branch from exercising too much power.

Question 19

commerce clause

Answer 19

Congress can regulate interstate commerce

Question 19

What are the 3 different types of state preemption

Answer 19

-Express preemption - the state law is drafted to stop counties or cities from
doing something.
-Implied preemption - this occurs when 1 of 2 things happen which show a
conflict between the state and local law, e.g.
-Field preemption: when there is clear legislative intent that the “field” is
preempted by state law. The “field” is usually defined as when there is an
extensive scope of state regulation which reflects a state intent to preempt
all local regulations that are in a particular area.

Question 20

Express Preemption

Answer 20

the state law is drafted to stop counties or cities from
doing something

Question 21

Implied Preemption

Answer 21

this occurs when 1 of 2 things happen which show a
conflict between the state and local law, e.g.

Question 22

Field Preemption

Answer 22

when there is clear legislative intent that the “field” is
preempted by state law. The “field” is usually defined: an
extensive scope of state regulation which reflecting a states intent to preempt all local regulations that are in a particular area.

Question 23

Probate courts

Answer 23

state courts that handle the disposition of a person’s
assets and obligations after death, including issues relating to the custody and guardianship of children

Question 24

Bankruptcy
courts

Answer 24

handle only bankruptcy proceedings, which are
governed by federal bankruptcy law

Question 25

What are the 2 types of court

Answer 25

-trial courts
- appellate courts

Question 26

How do courts get money

Answer 26

Rely on other branches of government to send in tax dollars

Question 27

Appellate Courts

Answer 27

dont take new evidence/witnesses.
appellate courts rely upon
transcripts from the trial court.

Question 28

Trial Courts

Answer 28

Conduct initial proceedings.
Once the trial begins:
1. The Judge will determine what evidence is admissible
2. If the court is hearing the case w/o a jury, the judge will decide disputed facts.
3. If a jury is deciding the case, the court will instruct the jury to decide the disputed
facts
4. The judge will determine what the appropriate law is (“questions of law”), if a
jury is deciding the case, the court will instruct the jury on the law.
5. Once the “facts” are determined, the law will be applied to the facts to reach a
verdict.
6. In criminal cases, the judge will impose punishment, except in death penalty cases
(not applicable in Washington).
State trial courts are most often called “Superior Court” (this is case in Washington).
Federal trial courts are called “Federal District Courts” (or simply “District Courts”)

Question 29

How are Appellate courts duties limited?

Answer 29

Deciding whether or not the evidence produced in the
trial court was sufficient to have allowed the result, and determining whether or not the trial judge/lawyers, made any error of law serious enough to require that the result of the trial should be changed.

They may reverse a trial court, affirm it, or remand (send back w/ instructions to do something different in the future).

Question 30

What is the only court that can make common law by deciding cases and publishing them

Answer 30

Appellate courts

Question 31

What are the 3 types of common law

Answer 31

1. Civil Suit
   People asking for $ (DAMAGES)
   Burden of proof = Preponderance of the evidence; more likely
   than not.
2. Criminal
   Prosecuting somebody for a crime; this type of case is initiated by some level of government. Burden of proof: Beyond a reasonable doubt. Can be jailed.
3. Actions in equity
   This type of case does NOT involve the right to a jury trial.
   Equity Asking the court, in a civil case, to order the defendant to do something or not do something.
   Asking a court to annul a contract (erase it, and return the parties to their original position,E.g. Divorce proceedings. Often referred to as “rescission”.

Question 32

Powers of the Judicial Branch

Answer 32

Courts’ power to declare an act of Congress, State or local government unconstitutional, and thus void, if it violates the Federal Constitution.

Question 33

A person is guilty of burglary in the second degree if

Answer 33

1. with intent to commit a theft of property therein,
2. he or she enters or remains
3. unlawfully in
4. a building.

Question 34

Statutory Constructions

Answer 34

the Court is interpreting what the statute says (Ex: Long arm man: what does enter true mean=Statutory constructions

Question 35

Precedent

Answer 35

a specific decision of an appellate court that gives direction and guidance – and
is binding upon lower courts – on similar questions of law.

Question 36

Stare decisis (to stand by things decided)

Answer 36

DOCTRINE that says once an important legal decision is created by courts, it should not be overruled. Unless good reason (Ex: Bowers v. Hardwick (Same sex marriage))

Question 37

Legislative acquiescence

Answer 37

Aware of what the courts of appeals did and agree

Question 38

Who chooses the # of supreme court judges

Answer 38

Congress

Question 39

DO judicial philosophies (How judges look at the law) play a role in judges’ decisions?

Answer 39

yes

Question 40

Most federal cases =

Answer 40

Lifetime in jail

Question 41

What are the 2 ways to become a judge in Washington?

Answer 41

1.Vacancy (Death, retirement) judge the Governor, who appoints takes the space. The next year they will have to run in the election.
2. Election

Question 42

The Federal judicial branch hears and decides Federal Cases, e.g. cases involving

Answer 42

(1) the U.S. Constitution,
or (2) Federal laws, rules, agencies;
but (3) NOT legal controversies
involving only State laws – these are governed by individual state constitutions and decided by State courts.

Question 43

jurisdiction

Answer 43

refers to the power of the court to do what you
want done.

Question 44

A court only has the power to decide a legal dispute if the court has _________ over the
subject matter and the parties. This is a key concept.

Answer 44

jurisdiction