Exam 1 Notes

Exam 1 Notes - Oliver Wendell Holmes The life of the law...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Oliver Wendell Holmes “The life of the law has not been logic; it has been experience? We must separate law from morality o People think different things as being moral or unmoral. o We cant assume that the law correctly represents morality; the law may lag behind. 2 questions to ask: o What is legal? o What is moral? “To study the law as an attorney, your job is ot predict the future of the law – and the future is crafted/interpreted by judges.” – Predict what the judge will do. o To Holmes, the law comes from the decisions of judges in particular cases Bad Man Standard o We need to use the Bad Man standard to inrepret the law o Standard of someone who is just doing the minimum to get by – Would they understand that a specific action is illegal? Statute of Limitations o If it is clear, we must find what he says about it. He wants speed. Rose vs. Lock Example that speaks of the difference between Morality and Law (Holmes) Benjamin Cardozo Explains how a judge goes about making a decision o If pressed, a judge would likely not be able to explain their decisions at each step. Cardozo believes that judges really do make laws – but often cases are open aand shut. Judges are reactive rather than proactive. o They are required to wait for a case to come to them. There are objective and subjective viewpoints The highest function of a judge is to establish the true relations between conduct and profession. Laws shall be uniform and impartial Many gaps have been filled by the development of common law. Cardozo’s 4 Methods Philosophy – Logic/Precedents; Statute History – General history / Context Tradition - Customs Sociology – Social justice Stare Decisis – Let the decision stand (Precedent) Justice Frankfort – Judicial Restraint
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
o The job of the judge is to uphold what legislation wants, unless it is a clear constitutional violation. o Judge should not put his views into the decision Justice Douglas – Judicial Activism o There can be differences between precedents. o Job of judge is to see the justice is done. Federal Court System US Supreme Court o 4 justices must agree to grant writ of certiorari to hear a case Circuit Court of Appeals (12) o Circuit courts do not need to listen to each other o They need to listen to the US Supreme Court District Courts (at least 1 per state) (94 total) o District Courts do not need to follow what other District Courts said. o District Courts must follow what their Circuit Court said, but they do not need to follow what other Circuits Said. State Court System – If issue dealing with state law, USSC should listen to State SC. But USSC can also decide if a federal law is being violated by a state court.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 10

Exam 1 Notes - Oliver Wendell Holmes The life of the law...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online