INTRODUCTION TO LAW

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

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

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

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

Text • ”Introduction To Law And The LegalSystem” 8th edition by Frank Schubert • Suggested Supplemental Materials • “Law Dictionary” by Steven Gifis • “Legal Research In A Nutshell” by Morris Cohen f05

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 tokeep in mind chapter and topic being reviewed f05

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

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

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

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

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

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

Hierarchy Of Authority • Constitutional law-Statutory law-Regulations-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

Hierarchy Of Authority • Regulations-rules passed by administrative agencies • Case/common-look to past court decisions f05

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

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

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

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

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

Using Statute/Code Books • Annotations • Legislative History • Cross References/Collateral References • Library references (digests, law reviews, ALR, encyclopedias etc.). • Notes Of Decision • Forms f05

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

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

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

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

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

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

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

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

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

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

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

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

INTRODUCTION TO LAW