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Crim C10 - Week 6 notes

by: Edward Avakian

Crim C10 - Week 6 notes Crm/Law C10

Edward Avakian
GPA 3.62

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About this Document

These notes cover what was discussed in lectures during week 6.
William Thompson
Class Notes
Crim, criminology, Law, Society, Fundamentals, c10, crimc10
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This 5 page Class Notes was uploaded by Edward Avakian on Friday May 6, 2016. The Class Notes belongs to Crm/Law C10 at University of California - Irvine taught by William Thompson in Spring 2016. Since its upload, it has received 5 views.


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Date Created: 05/06/16
Crim C10 Lecture 11 Week 6 05/03/2016 ▯ --Readings for the class are going to be in the Dropbox ▯ --Thursday and next Tuesdays lectures are eLectures (no class; watch lecture online) ▯ ▯ Overview of Legal System  Federalism—a dual system of law o The idea that we have two separate legal systems that interact with each other o Federal government o State governments  Operate separately and have their own institutions  County and municipal powers are derived from states o Supremacy and preemption  Supremacy clause makes the Federal law supreme if there is a conflict between Federal law and state law ▯ ▯ Federalism—parts of government  Federal o Legislative (Congress) o Judicial (Federal courts) o Executive (President) o Administrative agencies (IRS, EPA)  State o Legislative o Judicial (state courts) o Executive (Governors) o Administrative agencies  Get power from legislature ▯ ▯ State powers  Article 1 Section 8 says what the federal government is allowed to do  Powers to the federal government are only those delegated by the Constitution  In theory, expansive: o 10 amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  Ted Cruz would be in favor of this  States powers are not unlimited because they still have to comply to the Constitution in regards to individual rights  State powers are limited by rights of individuals under US and state constitutions ▯ ▯ Example of limits on state power st  1 amendment  Texas v. Johnson (1989) o Johnson convicted of “desecration of a venerated object” (the American flag; he burned it) st o Argues the prosecution violates his 1 amendment rights o He won ▯ Even though America has a democratic government, the majority vote doesn’t always win ▯ ▯ Sources of law  Constitutions (federal and state) o Framework of government o Powers of government  Legislation (federal, state, and local) o Also called statutory law or code law o Most democratic of the laws in the sense that it’s created by people who are directly elected for law making purposes  Administrative law o Rules made by administrative agencies  Court rulings o Often create rules or make rulings on issues of law that serve as precedent for future court rulings o Also called case law or judicial precedent ▯ ▯ Role of courts  Adjudication o Deciding guilt and liability in specific cases o Hearing the evidence and making decisions  Civil vs. criminal adjudication  Law making (or law “finding”) o “Case law” ▯ ▯ Types of case law  Judicial review of constitutionality of statute o Marbury v. Madison (1803) – found that the Supreme Court has power to invalidate statutes  Interpretation o Of constitution, statutes, administrative regulations  Common law o Rulings based solely on principle or precedent, (rather than statutes or constitutions) o Example—ownership of meteorite ▯ ▯ Administrative law  Federal administrative agencies—e.g., ICC, FDA, EPA, IRS, NLRB, SDC, EEOC, OSHA o Powers limited to those delegated by Congress o Actions subject to judicial review  State administrative agencies ▯ ▯ Administrative agency functions  Rule making o Legislative function o Federal register and Code of Federal Regulations (CRF)  Rule enforcement o EX) IRS can force you to file a tax return; audit you and check what your income was and what deductions are and so on o Executive function  Adjudication o Judicative function (court-like procedures; administrative law- courts) o Administrative law judges ▯ ▯ Contrast between way in which courts operate in the US, UK, and commonwealth countries (adversarial systems) and how they operate in the rest of the world (inquisitorial systems = continental Europe, Latin America)  Adversarial o Parties develop evidence o Lay fact finder o Screening of evidence (objections to evidence) o Live testimony: Trial as a performance; parties have “day in court”  Inquisitorial o Judge develops evidence o Professional fact finder o No screening of evidence (no objections to evidence) o Evidence primarily written documents; case developed over time ▯ ▯ Civil procedure  Jurisdiction (authority to decide a case) o Subject matter (certain courts take certain types of cases; i.e., tax courts take on tax cases) o Personal (where can you sue someone)  Venue o Where the case is tried  Pleading o Lawsuit is initiated by filing of papers called pleadings  Discovery o Parties are required to exchange information; file documents called interrogatories in which they can ask questions o Interrogatory; deposition; requests for admission; medical exams  Summary Judgment  Trial ▯ ▯


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