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January 17 - Sociological jurisprudence if a judge was...

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January 17, 2008 - Sociological jurisprudence : if a judge was disputing a case, his decision was based on what the law had to say up until 50 years ago. - Brown vs. Board of Education (1954)- Supreme Court didn’t just use the constitution but the psychology of the students. Allowed for courts to use other resources besides the law to decide a case. - 150 years ago- Judges just applied the law to cases. Today they take the law and apply facts and other factors to a case. Procedural vs. Substantive - Procedural law : rules that define the manner in which the rights and duties of individuals may be enforced. - Substantive law: law that defines the rights and duties wit respect to each other, as opposed to procedural laws, which defines the manner in which these rights and duties may be enforced. Civil vs. Criminal - civil: lawsuit involving two parties and no one else is effected. - Pro se- representing yourself in court - Bargin for exchange- a binding contract in which if breech of contract can go to court. - Legal defend rights/duties of citizens.
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