study guide 1 - Jurisprudence involves learning about diff...

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Jurisprudence – involves learning about diff schools of thought & discovering how the approaches to law characteristic of each school can affect judicial decision making Natural Law – assumes law, rights, & ethics are based on universal moral principals inherent in nature discoverable through human reason, the oldest view (Aristotle), ex. Declaration of Independence, moral principal comes from outside human beings, laws come from god, law should be a search for what’s right and wrong, we all deserve the same rights & laws (Rev. MLKJ – Birmingham Jail) – Just (man made code that squares with moral law) and unjust (code that is out of harmony with moral law) laws Positivist – do what government says whether you like it or not, ex. Following Hitler, once you know the law, you comply, if you don’t, you pay the price, law is the supreme will of the State that applies to the citizens of that nation at that time, not universal Historical – emphasizes evolutionary process of law, things can change, concentrates on origins of legal system, standards which have withstood the test of time (slavery, prohibition, story of Galileo), follows decisions of earlier cases, look at law as a process, understand law in context of history Legal Realism – “what can you get away with”, law is not simply result of written law, but product of view of judicial decision makers, as well as social, economic, & contextual influences, influences control what the law is and what it should be, says law is the result of “pressures” around us - Business Activities & Legal Environment: law regulates diff areas of business, involves knowledge of ethics in decision making, FCC, IRS, etc. - Sources of American Law: Constitutional Law – defines federal government & limits its power, Statutory Law – including laws passed by congress, state legislatures, or local governing bodies, comes from legislative (federal, state, local), Administrative Law – most intrusive, looks like Exec, Jud, & Leg but diff rules, judges decide disputes in diff cases – regulations created by administrative agencies like the FDA Case Law/Common Law Doctrines – judgemade law, including interp’s of constit. provisions, of statues enacted by legislatures, & of regulations created by administrative agencies - Common Law Tradition – based on English legal system, must understand this system to understand American legal system today English Courts – king wanted to unify under 1 ruling, courts sought to establish uniform set of customs for country, brought about common law Courts of Equity – (chancery in Del), equitable relief was sometimes available in instances where strict application of law to facts of case compelled result that was legal but unjust, equitable maxims Legal and Equitable Remedies Today – today fed & state courts of gen. Jurisdiction have consolidates remedies at law & equity, same court can make remedy that includes damages & equitable/injunctive relief The Doctrine of Stare Decisis
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