Introduction to Profession and Legal System: Legal 100

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Introduction to Profession and Legal System
Legal 100

• Instructor Neilson

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The American System of Government--Federal
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Agencies

• Two types of agencies
•  
• 1. Executive agencies--Cabinet level departments
  of the Executive Branch and their
  sub-departments.
• 2. Independent Regulatory agenciesthe headless
  4th branch--Agencies outside the major Executive
  Departments such as the FAA or the FCC
• All 3 branches have some measure of control over
  administrative agencies

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The American System of Government

• http//www.firstgov.gov/
• The U.S. Governments official web portal
• http//www.whitehouse.gov/index.html
• Whitehouse website includes list of cabinet and
  agencies

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The American System of Government Washington
State

• Gov. Christine O. Gregoire-Executive http//www
  .governor.wa.gov/eo/exorders.htm
• State Capitol in Olympia http//www.leg.wa.go
  v/rcw/index.cfm
• Washington Courts http//www.courts.wa.gov/opin
  ions/ http//www.courts.wa.gov/newsinfo/resources/
  ?fanewsinfo_jury.brochure_guidealtMenuCiti

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State Administrative Agencies

• Index of State Agencies http//access.wa.gov/gove
  rnment/awstate.aspx
• Example--Fishing regulations! Wash. Dept. of Fish
  Wildlife
• http//wdfw.wa.gov/fishcorn.htm

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Federalism division of power

• States 10th Amendment The powers not delegated
  by it to the States, are reserved to the States
  respectively, or to the people.
• Federal govt Article I, section 8 Congress
  shall have power to make all Laws which shall be
  necessary and proper for carrying into Execution
  the foregoing powers.

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STRUCTURE OF UNITED STATES COURT SYSTEM
Supreme Court of United States
State Supreme Court
Intermediate Appellate Courts
Court of Appeals for the Federal Circuit
U.S. Court of Appeal
Trial Courts or Courts of General Jurisdiction Co
urts of Limited Jurisdiction District, County,
or Municipal Court Juvenile or Family Court Prob
ate Court Criminal Court
U.S. Court of Federal Claims
U.S. Court of International Trade
U.S. District Courts
Patent Appeals
Tax Court Administrative Agencies Federal
Trade Commn Natl Labor Relations Board
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Federal Court Jurisdiction

• Article III, section 2
• Cases arising under Const., US law or treaties
  (federal question)
• Cases affecting foreign diplomats
• Admiralty or maritime
• Where US is a party
• Between two or more states
• Citizens of different states (diversity
  jurisdiction)
• Citizens of same state claiming land under
  separate state law
• Between State and foreign states, citizens or
  subjects

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Federal Court System-US Supreme Court

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US Supreme Court

• Courts annual term begins Oct. 6
• 9 Justices serve for life
• 5 Justices needed for quorum to hear case 4 or
  more to grant cert. Decision rendered by
  majority vote tie affirms
• Review is of state/federal courts ON FEDERAL
  ISSUE
• writ of certiorari
• Ex.118 writs granted, 6249 denied (1 granted)
  (hears 150 cases per year, typically)

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Federal Court System

• Supreme Court (see previous)
• Court of appeals
• Washington is in the 9th circuit (see 13 circuit
  handout)
• 9th circuit has 7 states25 active judges
• judges sit in 3-judge panels or en banc
  (selection of 10-11)
• District courts
• Western district of Wa has 7 authorized judges
  and 5 magistrate judges
• Eastern district of WA has 4 authorized judges
  and 2 magistrate

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State Judicial Systems

• 50 different systems
• Usually in 4 tiers
• See example Washington
• See example New York

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The common law system

• Historical roots
• Meaning of common law
• System of precedent or stare decisis
• Weight of authority Binding or Persuasive