Crim C10 - Week 6 notes
Crim C10 - Week 6 notes Crm/Law C10
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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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