BLAW Class Notes Week 4
BLAW Class Notes Week 4 BLAW 2013
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This 8 page Class Notes was uploaded by Winston on Thursday September 15, 2016. The Class Notes belongs to BLAW 2013 at University of Arkansas taught by Norwood in Fall 2016. Since its upload, it has received 3 views.
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Date Created: 09/15/16
1. Background and significance a. Three primary beneficial functions (comparable to three branches) i. Rulemaking (legislative) based on expertise and experience ii. Enforcement (executive) iii. Adjudication (judicial) quicker and cheaper than civil courts 2. Agency creation and powers a. Enabling legislation i. Defines the agency's authority 1. We will only study “independent regulatory agencies” a. Can make their own guidelines b. Delegation doctrine: in Article One c. Administrative Procedures Act (Fed) i. Arbitrary and capricious test 1. Courts authorized to invalidate agency actions which are arbitrary, capricious, or abuse of discretion d. The rulemaking authority i. Notice to public 1. Comment period (30 days) a. Final rule issued ii. Recent unique law in Arkansas 1. Amendment requires legislative approval of all rules issued by state agencies 3. Adjudication a. Hearing procedures similar to trial, less strict on evidence i. Ruling by ALJ (Administrative Law Judges) have expertise, hired 1. Appeal to commission as a whole a. Appeal to court (federal court if federal agency) i. “Exhaustion of remedies” doctrine 1. Can’t skip earlier steps 4. Public accountability (two special laws) a. Freedom of information act i. Public entities only 1. Foyer request a. Uark is having an event for donors i. Someone files foyer request 1. They have the right to know why they're spending that money and how b. Sunshine law (open meetings) i. Sunshine = open meeting to public 5. Criminal Law (Ch. 6) 6. Civil Law vs Civil Law a. Crime is a wrong against society as proclaimed in a statute i. Action is by the government 1. “No statute = no crime” 7. State crimes vs Federal crimes a. Most crimes are state crimes b. Federal law is usually related to i. Actions against a federal official ii. Interstate commerce iii. Has to be specified as a federal crime c. Crimes in Arkansas i. Scalping athletic tickets ii. Playing cards for money iii. Implied consent law iv. Betting on sports d. Jurisdiction i. Jurisdiction in a criminal case is TOTALLY different from jurisdiction in a civil case 1. Must have occurred within the state a. Arkansas Governor gets attacked in Denver? i. Colorado crime b. Studying in Spain and attacked? i. Spain can prosecute, not the U.S. c. IF the U.S. congress deems an act in a foreign entity as an act of terror, then the U.S. can prosecute d. Ryan Lochte i. Can’t be prosecuted in U.S. 1. Brazil can request U.S. to extradite him a. U.S. probably won’t 2. Prosecutorial discretion a. Prosecutor doesn’t have to prosecute if he/she doesn’t want to or thinks the person is innocent b. Grand jury in federal cases and some states (not Arkansas) i. Group of citizens 1. Listen to prosecution a. Determine if there is enough evidence to bring the case to trial 8. Section 2: Criminal liability a. Actus reus b. Mens rea i. Act + Intent 1. MUST BE BOTH a. Didn’t know it was a law? i. If you did the act intentionally it doesn't matter 1. If you intended to do the act it doesn’t matter if you knew it was illegal 2. “Mens Rea” existing alone a. “Extreme negligence” can satisfy the “Mens Rea” i. Making you guilty without “Actus Reus” 1. Leaving child in car 9. Failure to act is NOT a crime a. There is no duty to rescue i. There are exceptions 10. Types of crimes a. Violent crimes i. Assault 1. The fear a. Point a gun at someone, pull the trigger, not loaded, they were scared though ii. Battery 1. The striking a. Point a gun and shoot someone without them ever seeing the gun iii. Assault and Battery 1. Point a gun at someone, they see it and get scared, you shoot them iv. Murder 1. Killing someone with a gun 2. Manslaughter a. Deliberately taken someone’s life BUT it was not done in the heat of passion i. Extreme emotional disturbance for which there is a reasonable excuse 1. Kill wife and her lover immediately when you walk in on them, no time to think = manslaughter 2. Leave your wife and her lover, go talk to the bartender, go back and kill them = murder b. Property crime i. Robbery 1. Taking “face to face” a. “Armed robbery” = with a weapon ii. Burglary 1. Breaking and entering a. “Aggravated burglary” = with a weapon iii. Larceny 1. Stealing a. Ex: embezzlement iv. Others: 1. Arson, receiving stolen goods, forgery, obtaining by false pretenses 11. Insider trading a. When an insider buys or sells stocks or bonds based on information not available to the public i. Tipees obtain info ii. Tipper provide info 12. Organized crime a. Money laundering i. Banks required to report transactions in excess of $10,000 13. RICO a. Combat “racketeering” i. Criminal and civil liability 1. Civil liability plaintiff can take triple damages 2. Requires 2 or more acts in a 5 year period 14. Justifiable use of force (deadly) a. Reasonable force vs. deadly force 1. Reasonable force a. Anything less than deadly force 2. Deadly force a. Kills the person being forced on ii. Deadly force is allowed in Arkansas subject to the “retreat to the wall” doctrine iii. Deadly force is allowed in Texas subject to the “stand your ground” doctrine 15. Necessity a. Similar to self defense 16. Insanity a. Defendant has burden of proof b. Different tests are used in different states (p. 139) c. Must be at time of the act i. Some people get stuck in institution not because of the crime but because they cannot “regain their sanity” 17. Entrapment a. Occurs when a law enforcement officer uses persuasion to make a normally law abiding person commit a crime b. Conduct merely affording a person the opportunity to commit a crime is acceptable 18. Statute of limitation a. Crimes must be reported within a certain amount of time 19. Sec. 5: Criminal Procedures a. Constitutional protection: 4th, 5th, 6th and 8th amendments b. Exclusionary rule: evidence wrongfully obtained cannot be used against the accused c. Miranda v. Arizona (1966) i. Failure to give the warning results in the statements made by the accused being excluded 1. Things to consider: a. Must be in custody b. Public safety c. Spontaneous statements d. Can use in cross examination 20. Sec. 6: Cybercrime a. Basic common law applies