Concepts - Ideas Concepts American Creed Americans have...

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Ideas/ Concepts: American Creed: Americans have placed great stress on opening the door to individual mobility and personal achievement through heavy investment in mass education. The culture feeds to the flexible and innovative nature of the courts. The overlying focus has been stressed on individual rights, based on Const. and B or R, and therefore America is the most ant-statist, legislatist, and rights oriented nation. It can be summed up in Egalitarianism, populism, laissez-faire, libertarianism and individualism. Bargaining in the “shadow of the law:” The bargaining that goes on in the back room. It’s a very informal process where people negotiate settlements and it pushes aside persuasion and the legislative balancing of interest. Settlements often times use “self help” and it is not as costly/ takes less time. Generally works out better than a trial, the lawyers settle the issues and is all forms of self-help with another party. i.e. a divorce case. Criminal law v Civil Law: Criminal law is the law of the state on behalf of the community: murder, battery drug possession, prohibition of certain conduct (the gov’t is involved) and there is a threat of punishment by the state. Civil law involves everything
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