Local Government
Describe the Los Angeles City Council.
The Los Angeles City Council has 15 City Council members representing 15 districts, who serve 4-year terms, for a maximum of 3 terms. The Mayor is the Executive, and the Council is the Legislative body.
Describe California's Recall Process.
19 states, including CA, allow voters to remove state officials before the end of their term. The recall process is enshrined in the CA constitution.
There are two questions on the recall ballot in CA. A sitting governor will be recalled if a majority of voters in a recall election select "yes" on the first question. If question #1 receives a majority of "yes" votes, the candidate with the most votes on the second question becomes governor.
How are Beverly Hills and Boyle Heights impacted differently by environmental burdens?
Environmental burdens affect “front line” communities first and worst -- despite the fact that these communities contribute the least to environmental problems.
What are the parties called in civil and criminal lawsuits?
Criminal: "The People" / Prosecutor v. Defendant
Civil: Plaintiff v. Defendant
What is IRAC?
I: Issue
R: Rule
A: Analysis/Application
C: Conclusion
IRAC is a tool to structure legal writing and legal analysis.
How will Mayor Eric Garcetti be replaced when he steps down?
Right now, this is unclear. However, the City Council has the power under the City Charter to formally appoint an interim replacement to serve out the remainder of his term OR to call a special election.
What does the "eviction tsunami" refer to?
The "eviction tsunami" refers to the millions of people expected to be evicted once COVID-related renter protections end. Some of these protections include:
***City of LA: Emergency Statute still in place.***
County of LA: Set to expire at the end of September (County Board voting tomorrow re: extension)
State of CA: “Non-payment” eviction pause ends soon.
Federal CDC Order Extension: Struck down by Supreme Court.
What is environmental justice (EJ)?
Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
If you are charged with a felony, what are your constitutional rights?
Miranda Rights
Right to be free from Self-Incrimination
Presumption of Innocence
Right to Speedy Trial
Due Process of Law
Equal Protection
Right to Confront Accuser
Trial By Jury
Freedom from Double Jeopardy
Freedom from Excessive Bail
Right to Legal Counsel
Write an IRAC memo based on the following:
Ana gets angry and pushes Bear. While being pushed, Bear inadvertently bumps into Cat -- knocking Cat over. Bear asks you about her liability for criminal battery against Cat.
Under CCP § 242, "[a] battery is any willful and unlawful use of force or violence upon the person of another,” meaning the defendant touched the person in an offensive way.
CA PEN § 7: "The word “willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage."
Note: a battery must involve a voluntary act.
The issue is whether Bear is liable for criminal battery when Bear inadvertently bumped into Cat and knocked Cat over while being pushed by Ana.
Under CCP § 242, "[a] battery is any willful and unlawful use of force or violence upon the person of another,” meaning the defendant touched the person in an offensive way. Penal Code § 7 defines willful as a "purpose or willingness to commit the act." Further, battery must involve a voluntary act.
Here, Bear bumped into Ana and knocked her over, which constitutes an "offensive touching." However, Bear's body was pushed into Cat by Ana. Because Bear's physical contact with Cat was "involuntary," the elements of battery are not met here.
Therefore, it is very unlikely that Bear is liable for criminal battery against Cat.
What is the population of LA County?
Los Angeles is the most populous county in the nation (approximately 10 million).
The unsuccessful lawsuit was filed to stop California’s recall election (or, in the alternative, to add the sitting Governor's name to the ballot's second question). Proponents claimed the recall process violated the 14th Amendment; they pointed to the fact that a sitting governor could have the support of more voters than the candidate selected to replace them.
What voices are centered in the environmental justice (EJ) movement, and how are decisions made?
EJ advocates work to address disparate impacts and social structures, empowerment of impacted communities to speak for themselves and make decisions, as well as participatory decision-making, green jobs, sustainable growth, and housing justice.
How do you know if a court decision is binding in a particular case?
"Vertical stare decisis" stands for the principle that lower courts are bound by decisions of higher courts in their circuit/state.
Write an IRAC memo based on the following:
Whenever Angel takes her kids to the park near her home, she sees Benny. Benny frequently follows her and makes threats against Angel and her kids while they play in the park. As a City Employee, Angel asks the City to file a workplace violence restraining order on her behalf. Is she likely to prevail?
Under CCP § 527.8 (a), “[a]ny employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order.”
The issue is whether the court will grant a workplace violence restraining order against Benny when he frequently follows Angel and her kids around their local park and makes threats against them.
Under CCP § 527.8 (a), “[a]ny employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order.”
Here, Benny has clearly engaged in "threats of violence" against Angel. However, all of these threats have occurred in a public park, not at a workplace. Because there is no indication that Benny has threatened Angel in the workplace, or that he will threaten Angel in the workplace, this element of the restraining order statute is not met.
Therefore, Angel is unlikely to prevail in seeking a workplace violence restraining order against Benny -- unless she can show a connection to her workplace.
Describe examples of "criminalization" of the unhoused community in LA.
Examples in LA:
LAMC 41.18: bans sitting or lying down on the sidewalk any time
LAMC 41.45: bans unauthorized use of a shopping cart
LAMC 56.11: bans “bulky items”
LAMC 63.44: strict regulations about what you can do at a public park or at the beach
LAMC 85.02: bans on sleeping in a car overnight
arbitrarily or unfairly enforcing other laws, such as jaywalking
the practice of “sweeps” or displacing people from outdoor public spaces through harassment, threats of jail or citations.
Describe the "right to counsel" movement.
"Right to counsel" advocates in Los Angeles are campaigning to create a right to a lawyer in eviction proceedings in LA (similar to the existing right to a public defender in criminal proceedings).
Why do advocates believe this right is important?
Describe the rental affordability crisis in LA.
LA is the least affordable city in the country for renters. Rents are continuing to rise, while incomes do not. Most people in LA are renters, and nearly 1/3 spend more than half of their income on rent. Rental instability disproportionately impacts marginalized groups.
What is "malum in se" and "malum prohibitum"?
Malum in se is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so.
What is an example of each?
Write an IRAC memo based on the following:
Ace pushes Benji to the ground, and Benji is seriously injured in the fall. Ace then leans down to try to punch Benji. Carrie then runs up and pushes Ace to stop him from further injuring Benji. Is Carrie liable for criminal battery?
California Penal Code § 242: "A battery is any willful and unlawful use of force or violence upon the person of another." (Note: All that is required is that the defendant touched the person in an offensive way.)
“Defense of Others”: The defendant reasonably believed that he or she (or someone else) was in imminent danger of suffering bodily injury; the defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and the defendant used no more force than was reasonably necessary to defend against that danger.
The issue is whether Carrie is liable for criminal battery when Carrie pushed Ace to stop him from further injuring Benji, after Ace had seriously injured Benji by pushing him to the ground.
Under California Penal Code § 242, "[a] battery is any willful and unlawful use of force or violence upon the person of another." All that is required is that the defendant touched the person in an offensive way. “Defense of Others” is available where: (1) the defendant reasonably believed that he or she (or someone else) was in imminent danger of suffering bodily injury; (2) the defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and (3) the defendant used no more force than was reasonably necessary to defend against that danger.
Here, Carrie pushed Ace, which constitutes a battery because pushing is "offensive touching." However, the elements of "Defense of Others" are likely met, and the elements will be discussed in turn. Carrie "reasonably believed" Benji was in "imminent danger" because Benji was seriously injured when Ace pushed him, and then Ace was leaning over attempting to punch Benji. Carrie "reasonably believed" that "immediate use of force was necessary to defend against that danger" because the scene was unfolding quickly and Ace was about to punch Benji. Carrie likely "used no more force than was necessary" because she used the same level of force used by Ace (pushing), and she did not escalate the use of force. Further, in the heat of the moment, it is unlikely that words would have been enough to de-escalate a violent situation.
Therefore, while Carrie did commit a battery, it is unlikely she will be liable in court because "Defense of Others" applies.
Describe the LA County Government.
The Board of Supervisors is LA County's governing body, representing everyone within the County (incorporated cities also have their own city councils). The District Attorney prosecutes all felonies, as well as misdemeanors in most of the 88 cities (except for 10 cities, including LA).
What are Article 3 Courts?
Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. In the federal court system’s present form, 94 district level trial courts and 13 courts of appeals sit below the Supreme Court.
How many unhoused folks live in the LA area?
60,000+ unhoused individuals live in the LA area (the largest population in the country). What groups are disproportionately represented? Do we have enough housing resources in LA to accommodate everyone?
What types of cases do federal courts hear?
For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states.
Write an IRAC memo based on the following:
Ani organizes a large protest outside the office of Amplify Energy, an oil company responsible for an oil spill along the Southern California coast. Ani holds a sign that says "Bob, how do you sleep at night?". Bob, the company's CEO, files a workplace violence restraining order against Ani. Is he likely to prevail?
CCP § 527.8 (a): “Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order.” “[T]his section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.” CCP § 527.8 (7) (c).
The issue is whether Bob will prevail in obtaining a workplace violence restraining order against Ani when Ani organized a large protest outside of Bob's company office and held a sign that said "Bob, how do you sleep at night?".
Under CCP § 527.8 (a), “[a]ny employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order.” “[T]his section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.” CCP § 527.8 (7) (c).
Here, Ani has engaged in protest activity outside of Bob's workplace. While Bob may argue that her sign's message of "Bob, how can you sleep at night?" constitutes a threat to his safety, the court is unlikely to agree because the sign contained a classic protest message that expresses criticism toward the company's decision-maker. Ani has not engaged in any "unlawful violence" or "credible threats of violence." Further, her activities constitute free speech activity, which is specifically exempted under the statute.
Therefore, Bob is very unlikely to prevail in obtaining a workplace violence restraining order against Ani.