October 1st Notes

Fundamentals of Legal Practice
October 1, 2009

Chaya Siegelbaum, Associate Director, UW Extension, University of Washington
email: CSiegelbaum@extn.washington.edu
Webpage: http://extension.washington.edu/ext/certificates/pas/pas_gen.asp

-Registration forms will be emailed for the next quarters.
-To obtain a UW library card take the transaction form to the library.
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Instructor: Bruce Wiener

How to be Successful in the program:
-Late arrivals are alright
-Boot camp style
    --Need to be ready to work first day
    --Practical application
    --Ask questions immediately
-Assignments are not through email. Only printed and double spaced, turned in during class.
-If UW is closed, class is closed.
-Pet peeves:
    --Sloppy unprofessional work (make it Supreme Court ready)
    --Typos, grammar, stains, white out, professional stationary
    --Late assignments (clients don't care about excuses)
    --Make sure to proofread after class in order to get the optimal paper
    --Lack of attention (his name is WIENER)
    --Lack of critical analysis
-EXAMS:
    --Concepts and application
    --Essay usually

-Be a POD person (words to live by)
    --Preparation
    --Organization
    --Dedication
Reading is about 25 pages a class, don't get too far ahead.

Three steps to being successful in law:
1. Identify the legal issues involved and the key facts
2. Explain the law that applies to the issues and facts
3. Apply the laws to the fact and reason to the conclusion that makes sense
    --All hypothetical, no right answer only arguments
    --It's about supporting your position not the "right" answer
    --You get the problems thrown at you and must find a way to defend


INTRODUCTION
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What is a Paralegal? page 3
States are just starting to make a difference between paralegal and legal assistant
    -No training, just titles
    -CA requires certification
        --CLA: chapter 14 tells you how to    

The Job-varies on the firm
-can attend trial, clients or just sit and analyse documents
-not all paralegals do the same thing
-need to have practical experience
-need to type, file but you are not a secretary

Paralegals are important because:
1.You free the lawyers up in order to prepare for court
    -writing research, meet clients, filing
2.Cheaper for the clients
    -bill at lower rate, clients don't to spend the big money on a lawyer
    -available, know the case, they speak your language

Employment opportunities for paralegals    page 11

Statutes
Laws are called Statues when they are passed by the government
    -We don't have one government of checks and balances
    -You have the Federal and State government
    -Congress does not pass laws for details, they are basic structures for society

These are where to find those laws:
    --State (WA) - RCW Revised Code of WA
    --Fed (US) - USCA or USC United States Code Annotated

The Constitution is 7 articles w/ 27 amendments and 12 passed as the Bill of Rights.
-Writers of the US Constitution:
    --James Madison  6th president 1808
    --Alexander Hamilton was VP to Jefferson
    --John Jay 1st Justice of the Supreme Court
Each state has a constitution.  WA has broad privacy in it.

Administrative Regulations
    -FDR w/ the new deal created many of regulations
    -Sherman Antitrust Act 1890 was the first antitrust law
Treaties
    -for the president to use Article 2
Case Law (where we will spend most of your time)
    -Judge's make decisions
        --they create binding laws through the doctrine of precedent
        ---PRESS-a-dent please say it right (not preceding)
    -stare decisis: stand by it's decision

We are looking for predictability in law.  We use these cases to predict how other cases will go.  Why do we care?
    -fairness
    -efficiency in ruling

However, we need flexibility. 

Flexibility versus Predictability
    -we want our laws to reflect who we are as a society
    -Prohibition is a good example
    --Not all pornography is obscene
        --once you are obscene you lose first amendment protection
        Example: Roth vs. Miller
            -where porn became obscene
    -1964 Potter Stewart viewpoint on you know it when you see it
    -1982 Child porn always defined as obscene

Flexibility Concepts
    -Judicial Activism
    -The US Constitution is a living document
Predictability Concepts
    -Judicial Restraint

We have State and Federal government.
In both:
    1. Supreme Court is the highest Court
    2. Appellate Court
    3. Trial Court

For Precedent
    1. Must be the same Court system, either State or Federal
        ---only exception is the Supreme Court
    2. Must be a higher Court
        ---division I, II, III within the courts
        -----if II has a ruling, III does not have to follow it
        Example: III-Appellate court in Olympia does not care what II or I did
    3. Must be of same or similar facts

With all three existing, it is mandatory and must be followed.  If not, it is not binding. Just because it is not mandatory precedent does not make it irrelevant. 

Persuasive Authority (Precedent) prefers term authority rather then precedent

Are the facts identical? Can you distinguish them?
    example: jaywalking incident between a 40 year old and a 7 year old

You can declare something unconstitutional.
Supreme Court Case:
    1972    Furman versus Georgia 7-2
        --Case that the death penalty was unconstitutional.  Demeaned it cruel and unusual punishment.  They could not agree on opinion.  Two said it was cruel and unusual by definition five said other reaons.  The reasoning was bad, the way it was applied was cruel and unusual.  Typically applied to black, poor males, too much discretion. Everyone redrafted to take the discretion out and make it uniform death penalty.

    1976 Gregg v. Georgia 7-2
        -Constitutional death penalty, since they took the discretion out.  But the Supreme Court does not condone death penalty. States must pass their laws and the Supreme Court must protect 8th amendant.

We interpret the laws, we do not make them.
-Example: Dred Scott v. Sandford  dealing with slaves as property across Union lines.

Court Systems    page 21

State
-Supreme Court
    ---Every state except NY(their supreme is appellate and superior is supreme)
    ---Must ask permission to enter    Writ of ceriotati or writ of cert: Apply and 4 of 9 must agree to hear case

-Appellate
    ---WA system: Div I(western), II (central), III (eastern)

-Trial Court
    ---Superior unlimited amount of money but will take lower amounts too
    ---District $50,000 ceiling limited (faster, easier, cheaper)
        -----only 6 jurors
        -----You can hear anything here

Federal 
-Supreme Court
    ---Same writ of cert here with 4 of the 9 agreeing to hear the case

-Circuit Court of Appeal
    ---in San Francisco
    ---WA in the 9th circuit    Page 24 State Chart
    ---13 Circuits

-Trial Court
    ---94 of them in 50 states
    ---WA calls it District Court    Page 22
    -----WA has two district courts (western and eastern)

The 2 matters that can be heard federally:
1. Issue with federal law (over constitution or USC regulations)
2. Parties of the dispute are from different states (called diversity) with $75K on dispute


State judges serve for a period of time but Federal judges are for life.  Unless there is extreme behaviour or retiree.  Judges can move around in the system too.