INTRODUCTION TO LAW BILL COVINGTON 640-1552/329-3608 M/W 3:30-5:50 Room 239 Snohomish Hall What Is Law? Law-a set of rules and regulations the observance of which can be enforced in court Purpose to regulate human behavior, promote societal stability and to allow persons and institutions to know their rights and obligations in a given situation Court-a tribunal established by government to enforce the law f05 2 What Is Law? Courts exist on federal, state and local level Federal courts-enforce rights granted by United States Constitution, acts of United States Congress and decisions of federal courts State courts-enforce rights granted by state constitution, acts of state legislature and decisions of state courts Local courts-enforce rights granted by local charter and laws passed by local legislative body f05 3 General Information Course-Introduction to Law (Legal 200) Instructor-William Covington Room 239 Snohomish Hall 425-640-1552 Office hours Mondays and Wednesdays 3:30 to 5:50 Prefer telephonic communication f05 4 What We Will Be Studying American legal system which includes Bodies which make laws (legislatures) Bodies which interpret and enforce laws (courts) Emphasis shall be placed on types of courts, their powers, how courts make decisions etc. Laws themselves which include Constitutional law; Statutory law; Regulations and Case law Close examination laws of torts and of property f05 5 Text ”Introduction To Law And The Legal System” 8th edition by Frank Schubert Suggested Supplemental Materials “Law Dictionary” by Steven Gifis “Legal Research In A Nutshell” by Morris Cohen f05 6 What We Will Do In First Two Sessions General overview of course Expectations of instructor; of students Review assignment sheets Discuss grading Answer questions Lecture on briefing cases; use of law library Law library tour f05 7 Question? ALL STUDENTS TO ANSWER FOLLOWING QUESTION. What Basic Information About Courts And The Court System Does A Person Need In Order To Be A Good Paralegal? List three or four items Be prepared to share your answers. f05 8 What Course Will Cover Chapter One-define law, discuss where law comes from, what it does, general definitions; due process clause; equal protection clause Chapter Three-judicial system (federal, state) and portions of two-ethics Chapter Five-limits on ability to sue Chapter Six-judicial decision making, precedent MIDTERM EXAMINATION f05 9 What Course Will Cover Chapter Seven-remedies (legal, equitable) Chapter Eleven-law of torts (intentional, negligence, strict liability) Chapter Twelve-property, types, ownership interests FINAL EXAMINATION (All examinations are take home and essay) f05 10 What I Hope To Accomplish Course Will Not Make You Lawyers Course Aims To Do Three Things RE-DEFINE WORDS TEACH RULES AND PRINCIPLES HONE PROBLEM SOLVING SKILLS Remember To Express Yourself Using Legal Terms And Expressions f05 11 Keys To Being Good Instructor Pass on knowledge Provide new skills and insights (research, briefing and improve presentation abilities) Interesting (Socratic method) Punctuality Personal background f05 12 Keys To Being Successful Student Willingness to learn (tackle tough problems) Attendance (no extra copies) Class cancellation policy Complete assignments in timely manner (typed,12 point font, double spaced, no team work) Ask questions/give feedback (the dumb questions are the ones which are not asked) f05 13 Use Of Web Site Contains all homework assignments, tests and some of the handouts Will contain all overhead slides which shall be made available after presented in class Contact me with any questions or should there be problems accessing site f05 14 Grading 1.0-4.0 (quality of work, appearance, clarity of analysis, accuracy, use of language) See syllabus re what constitutes grade of A Midterm and final examination (take home) Seven assignment sheets (two are optional) No extra credit (attorney interview and special research exercise) f05 15 Grading Midterm and final examination each count 1/3 of final grade and Three highest graded assignment sheets collectively count for 1/3 of final grade Missing papers or assignments displace assignment sheet at grade of zero f05 16 Grading Possibly up to four quizzes-in class, but will not be pre-announced Grade of seventy five percent or more will add one point to the final grade; less than seventy five percent neutral, no impact Missing quiz or quizzes will result in point reductions (one point for first quiz, two points for each additional quiz missed) f05 17 Analysis Of Assignment Sheet Did you read chapter Briefing of cases (remember chapter and topic being studied) Five short questions (IRAC method-issue, rule, analysis, conclusion) Essay (remember IRAC) Library research f05 18 Answering Questions IRAC (use this as a guide) Expect that important information may be missing (identity it, explain importance) Remember need for proper use of language i.e.grammar and spelling Provide a full story for reader (answer questions before they are asked) Proofread prior to turning in assignment f05 19 Answering Questions IRAC Guidelines Issue-What are the essential background facts (facts which lead to this issue arising)? Rule-Synopsis of the applicable law (summarize applicable law, do not quote law verbatim unless absolutely necessary) Analysis-Apply rule to facts (show thought process leading to answer) Conclusion-Answer f05 20 Review Of Model Answers Question-Lawsuit between former business partners, one partner succeeds in winning judgment for many thousands of dollars, seeks writ of garnishment to collect money awarded by court. Judgment-Court award of money to party to lawsuit making that party a judgment creditor and other party judgment debtor Garnishment-court order directing 3rd parties who owe judgment debtor money to pay judgment creditor f05 21 Review Of Model Answers Problems with poor answer 1) no background information, 2) does not describe applicable Washington, law 3) incomplete and 4) there is a possible mistake in the fee amount-we do not know if this case is in district or superior court Problems with mediocre answer 1) insufficient information re what is required for writ, 2) assumption re what court can hear case, 3) conclusion may not be supported by facts f05 22 Review Of Model Answers Virtues of good answer 1) follows IRAC guidelines, 2) identifies missing information and explains its importance (what court may hear case), 3) draws a sound conclusion Take your time in answering questions, be sure answer is supported by materials in book, from handouts or lecture and be sure to review/proofread f05 23 Briefing Cases Briefing Defined-Isolating and identifying most important elements of a case Purpose-Helps boost analytic ability Skill that takes good deal of time to develop, don’t expect to master it in this course For this course very important to keep in mind chapter and topic being reviewed f05 24 Many Correct Ways To Brief Case (Varies from firm to firm) Title/Heading (parties, where to find full text of court’s opinion) Facts (what took place) Question and Answer Reasoning (why court ruled in a particular manner) Holding (lesson case teaches) f05 25 Briefing Cases-The Details Title names of parties, where to find full text of court’s opinion Facts only those which are most important, ask what facts did case “turn upon” Q and A Try to make this a yes or no answer (ask what is key question case asks, what is principle being addressed) f05 26 Briefing Cases-The Details Reasoning Why did court make the decision, what was motivation, philosophical rationale Holding What is lesson case stands for (in one or two sentences describe major principle that has been taught) Be aware on occasion holding and reasoning can be very similar if not the same f05 27 Library Research-Basics Whoever provides best evidence (facts) and presents best arguments (laws which support their side) usually wins-aim is do this quickly and well Investigator finds facts, Researcher finds law What is a good researcher? Uses basic tools well (codes/statute books, digests and reporters) Knowledge of all tools (electronic also) Can use tools quickly and thoroughly f05 28 Library Research-Basics Basic tools Statute/code books (constitutional and statutory law) Digests (access to common law) Reporters (verbatim text of common law) Legal research is changing due to electronic access tools-be aware of this, good tools include Internet Legal Resources, FindLaw f05 29 Challenges For Novice Researcher Need to find laws which are “on point” (apply directly to case being argued) Legal language can be difficult to understand, written in obscure form Use of indices (key search word may be difficult to find) PRACTICE, PRACTICE, PRACTICE things become much easier with time f05 30 Hierarchy Of Authority Constitutional law-Statutory lawRegulations-Case or common law Constitutional-supreme or controlling law 1) establishes government, 2) divides power w/ other levels of government, 3) dictates how laws are made, 4 grants basic rights to citizens Statutory-made by legislature f05 31 Hierarchy Of Authority Regulations-rules passed by administrative agencies Case/common-look to past court decisions f05 32 Hierarchy Of Authority Constitutional law supersedes statutory law, statutory law supersedes regulations supersede case or common law Federal law supersedes state (with some exceptions that are constitutional) State law supersedes local law f05 33 Hierarchy Of Authority Always ask supervising attorney what sorts of laws one should be looking for, ask what is desired scope of research This is very important as time is money in the legal business f05 34 Relevant Legal Texts Constitutional and statutory law United States-USCA or USCS State-Revised Code of Washington Local-Look for name of jurisdiction and word “Code” or “Statutes” Regulations Federal-Code of Federal Regulations State-Washington Administrative Code f05 35 Relevant Legal Texts Digests (access tool for common law) Federal (Supreme Court Digest, Federal Digest) State (Regional Digests, State Digests) Reporters See handout Keep in mind there are official and unofficial reporters (e.g. Washington Reports and Pacific Reporter) f05 36 Using Statute/Code Books Contents-Verbatim text of constitution and statutes currently in force Coverage-Examine cover of volume Annotations-Explanatory notes and other materials designed to help researcher f05 37 Using Statute/Code Books Annotations Legislative History Cross References/Collateral References Library references (digests, law reviews, ALR, encyclopedias etc.). Notes Of Decision Forms f05 38 Using Statute/Code Books Generally organized by title, chapter and section (United States Code, some states are exceptions) Structure of code/statute books Constitutional volumes generally first Subject matter volumes (called titles) second General index usually at end f05 39 Using Statute/Code Books How to use to research a problem First go to General Index Find a key word which refers one to title, chapter and section Go to volume containing that title, chapter and section Review materials-see if they are “on point” ALWAYS CHECK POCKET PART f05 40 Using Digests Digest defined a tool that helps one find case/common law (different from reporter which contains verbatim text-digest is access tool-only contains case abstracts) Always remember when common law used if No on point constitutional or statutory law; or Unclear how constitutional or statutory law applies f05 41 Using Digests What is a digest Set of volumes which classifies decisions of a court or courts alphabetically by subject matter providing “abstracts” of relevant decisions Under each topic are sub-topics called key numbers and below each key number are series of case abstracts which provide: 1) court that decided case, 2) case name, 3) description of what was decided, 4) citation f05 42 Using Digests Examine cover of book to tell what courts are covered by this digest Digests covering federal courts: 1) Supreme Court Digest, 2) Federal Digest Digests covering state courts: 1) State digest (Washington Digest), 2) Regional digest (Pacific Reporter) State digest contains more state cases and should be used for research; Regional digest contains fewer state cases, used for comparison purposes f05 43 Using Digests Organization of Digests Topical volumes come first (examine scope note and analysis for topic being researched) Table of Cases Digested comes next Words and Phrases (this may be combined with Table of Cases Digested) Defendant-Plaintiff Table follows (eliminated in newer sets, incorporated in Table of Cases) Descriptive Word Index (usually at end of set) f05 44 Using Digests How to use Examine Descriptive Word Index and find reference to Topic and Key Number Go to volume containing that topic and key # Examine cases and determine if relevant If not applicable return to first step If applicable ALWAYS CHECK POCKET PART f05 45 Using Reporters Contain verbatim text of court’s opinion (as opposed to digests which have abstracts) usually published annually Normally used when one seeks to use case and/or language from case in support of one’s position Look at cover of volume which identifies court cases contained and period of time in which those cases were decided f05 46 Using Reporters Contents of typical state reporter Court hearing cases, time period cases heard List of judges sitting during this time period Table of cases reported Actual cases Unreported cases/New court rules Topical index to reported cases f05 47 Using Reporters Contents of typical federal reporter Court hearing cases, time period covered List of sitting judges Table of cases reported Statutes and Rules/Words and Phrases construed or defined in volume Actual cases Key Number Index (reference to digests) f05 48 Using Reporters Contents of a reported opinion File name, date case argued Name of case Head notes Case history Names of attorneys arguing case Author of court’s opinion Opinion of court (Dissent, if any, follows) f05 49 Using Reporters Use reporters for following: To verify information contained in digests is valid (abstract does indeed reflect what is contained in court’s opinion) To find language in support of one’s case which can be inserted in a legal memorandum or brief f05 50