Law In Colorado Colorado Bar Association Public Legal Education Committee 2004

Transcription

1 Law In Colorado Colorado Bar Association Public Legal Education Committee 2004

2 PREFACE These materials were written to supplement Street Law: A Course in Practical Law, 7 th Ed. (McGraw Hill Glencoe, 2005). Street Law is a high school law-related education text that provides practical information and problem-solving opportunities that develop student knowledge and skills necessary for survival in our law saturated society. The text and its integrated practical advice and competency building activities are designed to provide students with the ability to analyze, evaluate and, in some situations, resolve legal disputes. The Colorado law reflected in this supplement was accurate at the time of publication. However, law constantly evolves, frequently on a day-by-day basis, through revised statutes, changed rules and court decisions. As a result, the text should be understood to be an introduction and not what the law is. As with the Street Law text itself, this supplement is intended to be used by lawyers and teachers in partnership in the high school classroom. The Colorado Bar Association or your local bar association is available to help you find an attorney to assist you in the classroom. For additional law-related education resources or information on the law, please see the Colorado Bar Association website at or the website of the Colorado courts at Reprint Permission This booklet may be freely reproduced subject to the following conditions: The work will not be adapted, modified, or changed in any respect; No derivative works will be created from this booklet or from the material from this booklet that is put on the Colorado Bar Association s website (or any link to any other website) without prior express written consent of the Colorado Bar Association. The holder agrees to require the publisher or the person making the reproduction, whether in paper or electronic form, to include the following notice on the title page of the work: Reproduced by permission of the Colorado Bar Association Colorado Bar Association (2004). All rights reserved. This public information project was made possible by the contributions of many attorney volunteers of the Colorado Bar Association Public Legal Education Committee, by Colorado Bar Association members who authored and updated the following chapters, and by the Colorado Bar Association Board of Governors, who supports law-related educational activities statewide.

3 AUTHORS/EDITORS Chapter 1 Introduction to the Law William Walters III Walters & Joyce PC 2015 York Street Denver, CO Chapter 2 Colorado Court System Honorable Gregory J. Hobbs, Jr. Justice, Colorado Supreme Court 2 E. 14 th Avenue Honorable Janice B. Davidson Judge, Colorado Court of Appeals 2 E. 14 th Ave., #285 Honorable Morris B. Huffman Judge, Denver District Court 1437 Bannock St., #256 Honorable Julie Anderson Magistrate, Denver County Court 1437 Bannock St., #108 Chapter 3 Colorado Criminal Law H. Patrick Furman University of Colorado School of Law Campus Box 404 Boulder, CO Chapter 4 Juvenile Law Diana M. Richett, Esq. 57 S. Bannock Street Denver, CO James E. Craig, Esq Sherman Street Honorable Babette Norton Judge, Jefferson Co. District Court 100 Jefferson Parkway, Division P Golden, CO Molly Allen Walberg, Dagner & Tucker 7400 E. Caley Ave., #300 Englewood, CO Chapter 5 Torts Christopher K. Miller Kennedy & Christopher, P.C Wynkoop St., #900 Marilyn Biggs Adkins, Esq High Street Denver, CO Chapter 6 Consumer-Contract Law Laura Udis, Esq. & Garth Lucero, Esq. Colorado Attorney General s Office 1525 Sherman St., 5 th Floor Chapter 7 Family Law - Domestic Relations Denise K. Mills, Esq. Mills & Weitzenkorn, P.C th St., #150 Robert M. Smith Attorney Mediator P.O Fort Collins, CO Chapter 8 Housing Law Richard T. Matlock 1700 Broadway, #1400 Denver, CO Deborah Wilson 1022 Bannock Street Denver, CO Chapter 9 Employment Law John E. Bolmer II, Esq. Hall & Evans, L.L.C th St., #1700

4 Chapter 10 Individual Rights and Liberties in Colorado David R. DiGiacomo, Esq. DiGiacomo & Jaggers 5460 Ward Rd., #300 Arvada, CO Matt Rita Holme Roberts & Owen 1700 Lincoln St., #4100 Chapter 11 Colorado Water Law Carrie Ciliberto & E. Scott Ray Ciliberto & Associates 1660 Lincoln St., #1700

5 TABLE OF CONTENTS Chapter Page 1. Introduction to Law 1 What is Law? 1 Making of the Law 1 Difference Between State and Federal Law 2 Changing the Colorado Law 2 Legal Resources 2 Case Study 3 Finding a Lawyer 3 Bar Associations 3 2. Colorado Court System 4 The Legal System of Colorado 4 Differences in Civil and Criminal Law in Colorado 4 Jurisdiction of a Court 4 Types of Courts in Colorado 5 State Courts 6 Federal Courts 7 How Courts Apply Law 8 Alternative Dispute Resolution in Colorado Colorado Criminal Law 11 Introduction 11 Federal and State Prosecution of Crime 13 Sources of Law 13 Prosecution of Crimes 14 Victims of Crime 15 Types of Crimes/Offenses 16 General Criminal Procedure 17 Bail 19 Alcohol and Drug Abuse 20 Plea Bargaining 21 Arrest 22 Search and Seizure 23 Interrogation 24 The Exclusionary Rule 25 Sentencing 26 Death Penalty 29 Appeals 31

6 Chapter Page 4. Introduction to Juvenile Law 33 Children s Code 33 Juvenile Court Jurisdiction 33 Delinquency 34 History of Juvenile Court 34 Federal/State/Local Concerns Over Juvenile Delinquency 35 The Rights of Juveniles in Police Custody 36 Dependency and Neglect 41 Truancy and Other Status Offenses 45 Relinquishment and Adoption 45 Parentage Torts 47 Introduction 47 Intentional Torts 48 Negligence 52 Automobile Liability 54 Premises Liability 55 Colorado Consumer Protection Act (the CCPA ) 55 Professional Liability (Malpractice) 56 Strict Liability 56 Product Liability 57 Juvenile Torts 58 Self-Defense Contract Law 60 Introduction 60 Consumer Protection Statutes 60 Business Protections 61 Colorado Consumer Protection Act 61 State Agencies 62 Federal Agencies 63 Private Remedies 63 Consumer Protection Agencies 64 Contract and Sales 66 Colorado Uniform Consumer Credit Code 67 Warranties 69 Federal Acts 70 Collections/Bankruptcy 71 Automobiles 73

7 Chapter Page 7. Family Law and Domestic Relations 77 Birth and Parentage 77 Emancipation 80 Change of Name 82 Cohabitation (Living Together) 82 Marriage 84 Divorce, Legal Separation, Annulment 85 Domestic Violence 90 Orphans 91 The Elderly 92 Selected References Housing 94 Housing Choices 94 Tenancies 94 Apartments 101 Detached Single Family Homes 101 Mobile Homes 102 Multi-Family Buildings Employment Law 111 Regulation of Employment 111 Minors in the Workplace 111 Duties of the Employee 112 Duties of the Employer 113 Firing/Termination 113 Hiring 115 Overtime and Minimum Wages 116 Workers Compensation Individual Rights and Liberties in Colorado 117 Introduction 117 Individual Rights 118 Expectation of Privacy 118 Capital Punishment as Cruel and Unusual Punishment 119 Freedom of Speech and Freedom of the Press 120 Freedom of Religion 123 Taking Property Condemnation 124 Due Process Rights 125 Equal Protection Rights 125 Access to Public Information 127 Student Rights and Responsibilities 127 Protection of Constitutional Rights 128

8 Chapter Page 11. Colorado Water Law 129 Introduction 129 Surface Water 129 Groundwater 130 Using Water in Colorado 131 Applying for a Water Right 132 Water Attorneys and Other Water Professionals 132 Allocation of Water Between States 133