notes October 13 - Agenda Review Lecture Go over the...

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October 13, 2005 Agenda Review Lecture Go over the structure of the mid-term Q & A Hand out review sheet Hand back papers A Civil Action Had to pay almost a $70 million bill Nobody wanted this case Adversarial Legalism Held accountable for what they did and eventually closed their doors Schlickman: lost everything but says he would do it all over again; doing the same type of environmental cases. Course Organization Part I: Law and Society Part II: The American Legal System Part III: Law, Courts, and Public Policy Part IV: Beyond the CCV v. DCV Debate MIDTERM: covers first two parts of class. Law v. Rule of Law The “law” is a body of rules, enacted by the government, backed by the force of the state. o A Civil Action The “rule of law” is the norm—or expectation—that legal disputes will be resolved according to pre-existing rules and procedures, regardless o the status of individual rights. Difference between civil law and criminal law? Criminal Law involves the prohibition of certain conduct and the threat of punishment by the state (ex. Murder, battery, drug possession, etc.). Civil Law involves everything else, and typically, but not always, centers on compensation of the plaintiff. (ex. Property disputes, wrongful death, breach of contract, tax disputes, etc.) Environmental law can be both civil and criminal.
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The Promise of Law and Courts Recap Promise of the Law Examples Ultimate Source of Judicial Legitimacy Provide orderly dispute resolution -US v. Nixon (succession of the presidency; Watergate; example of the pen being mightier than the sword).
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