3.31.11 Business Law

Class PowerPoint slides available on class website

Transactional Lawyering
• Looks at law in a different way- Preventative
• Trying to find out how to avoid risk/litigation
➢ EX Employment Manuals
➢ EX Business Form- Corporation, LLC, etc.
Provide Option based advice

Contracts
o Important focus- touch every area of law

Sources of Law
Constitutions- Fed/State
➢ Protects individual rights from government action
• Right to privacy protections stronger in WA
• Right to bear arms stronger in WA
➢ Forms justice system

Legislation- Fed/State/Local
➢ Derives power from Const. Art. 1 Sec 8
➢ WA Const. more restrictive of government power
➢ "No one who love sausage or law should watch either one being made"

Judge-Made Law
➢ Federal- from published appellate court (changing to include unpublished opinions)
➢ State- from published appellate court
➢ www.courts.wa.gov - sign up for email of court opinions

Agency Regulations- Fed/State
➢ Washington Administrative Code
➢ Code of Federal Regulations

The Court System
➢ The 3-tiered system
➢ Trial Courts/District Court
➢ Intermediate court of appeals-Division/Circuit
➢ Supreme Court

Federal Courts
➢ Federal Law
➢ Diversity + 75k

Primary Authority
➢ Binding
➢ Statutes, Case Law, Constitutions

Secondary
➢ Persuasive/Non-binding
➢ Good research tools
➢ Restatements- Treatises treated with great respect by court
➢ Uniform Laws Annotated- Uniform Commercial Code- for uniformity across states

The prima facie case
➢ Elements of the case- from statutes, case law, etc.
Defenses
➢ The basic defenses
• I didn't do it
• It was legally justified
• It doesn't matter whether I did it or not because of procedural barrier

IRAC
➢ Issue
➢ Rule
➢ Application of rule to facts
➢ Conclusion

Procedural Issues
➢ Camreta Case
➢ Standing
➢ Case or Controversy
o RAP 3.1- Washington's "Aggrieved Party" rule

Law of Torts
The Dilemma
Advising Clients
➢ How to avoid risk
➢ The Rahman case
➢ Respondeat Superior
➢ Scope of Employment
➢ Legislature intends to override

Intentional Torts
Defamation/Libel/Slander
➢ Statement
➢ False- reckless disregard
➢ Published- made to another
➢ Causes injury
Defense: TRUTH

Assault

Battery

False Imprisonment
Defense: Reasonable, justified

Invasion of Privacy/Commercial Exploitation
Reed v. Pierce County

Outrage

Fraud

Interference with Contracts
➢ Existence of valid contract
➢ Knowledge of the relationship
➢ Intentional interference
➢ Damage

Negligence
➢ Duty
➢ Breach
➢ Causation
➢ Injury

Negligent Infliction of Emotional Distress

Contributory Negligence/Assumption of Risk

WA is only state to completely waive sovereign immunity
Joint and Several Liability
➢ Even defendant only 1% at fault may be sued

Strict Liability
In participating in some limited activities, a business will be liable for harm even though no duty was breached; no intentional tort committed.
EX Product Liability
Defense: Assumption of risk/misuse of the product

Damages
How do you determine value of case?

3.30.11 Criminal & Family Law

-Get copy of WA and FED Constitution
-Be PRECISE in your writing. Short sentences that say exactly what you mean to say. Vague is not an option.
-Bring State rule book to class

• -Is it a Prosecutor's job to win?
• -What is truth and justice?
• -RPC's Rules of Professional Conduct
o Apply to Attorneys and Paralegals

• Laws come from legislature- Go to Olympia to watch
• Sunset Clause- adds expiration date to laws, requires review every (x) years
o Our system tries to correct law by adding more laws, become contradictory and confusing

• The Constitution
• Washington and State- When do we apply?
• Source of Law
o Jurisdiction- If you break federal law- federal court
• If you break state law- state court
o Limitation- Can the government single you out?
• Authority- Govt derives its authority from Fed Constitution
• When Fed Const is silent, State Const applies
• Areas at Issue:
• Statements and Confessions
• Suppression of Evidence
• Search and Seizure -
o Fed- 4th Amendment
o State- Article 1 Section 7-
o Read it
o Look for case law- Wa Ct Ap/Sup C

Limitations of Governmental Action
• Indictments
o Fed- Grand Jury
o State- Notice & Complaint and Arraignment
• How do we convince a Judge to release?
• FOR NEXT WEEK- What are the criteria for release in WA on felony case?
• Write one paragraph convincing Judge to release without bail for Arnica
• Go to criminal rules

• Preliminary Determination- Appear before Judge (before charges filed) flash decision
o Released or held
o "to wit" = specifically
• Arraignment- to get personal jurisdiction- Notice
o Court must read charges and allow accused to enter a plea
o Within 14 days after Information (prosecutor's statement of accusation)
• Pretrial Hearing
o Suppression CrR 3.6- Physical Objects
• Preliminary showing to judge for motion to suppress
• Motion to suppress- Usually the issue that decides the case
• Burden is on defender to prove impermissible seizure
• Bulk of work and bulk of appeals
• 4th Amend.- Unreasonable Search & Seizure
• Art. 1 Sec. 7- State version, more restrictive than Fed.
• Proponent of evidence has the burden of proving admissibility
o Confession CrR 3.5- Statements
• If a statement is offered as evidence the Judge must set hearing to determine admissibility
• 5th Amend.- right to remain silent
• Choice/Knowledge &Voluntariness
o Burden- State must prove that statement was made knowingly and voluntarily
• Miranda
• Lawyer- 6th Amend.


• Source of Law
• Jurisdiction
• Where the act occurred
• Nature of the act
o Subject Matter- easier in criminal cases
o Person-
o Pleading
o Inherent Authority

• Misdemeanor- Max 90 days
o May be heard in court of limited jurisdiction
• Court with limited scope of authority
• Speeds up process and reduces case load of other courts
• CrRLJ- Separate set of court rules for these courts

• Felony- Min one year

• Only 3-4% of criminal cases go to trial

• Washington is Determinate Sentencing state
o Predefined sentences based on a number of factors
o RCW 94a
o Non-Exclusive Statutory Factors (others may be included)

• Appeal of Verdict
o From question of law

Roles:
• Investigation- Police
o Find Facts
• Case Building- Prosecutor
o Work with police
• Pressing Case in Court- Different Prosecutor
o Moves file forward
• Challenging Case- Defense Attorney
• Arbiter of Law- Judge

Franks v. Delaware
• Requires honesty for purposes of obtaining a warrant

IRAC
-Issue
-Relevant Law
-Application to Facts
-Conclusion

With each motion consider:
• (What I want- driving force for all arguments, etc. Tell Judge what you want)
• Law
• Factual Basis- Evidence- EX Declaration (under penalty of perjury)
• Analysis

For Next Week
-Bring WA Rules
-Read Arnica case
-Print your paragraph on release for Arnica