Notes- Chapter 1

Notes- Chapter 1 - Notes- Chapter 1 Schools of...

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Notes- Chapter 1 Schools of Jurisprudential Thought Natural Law - Principles that are inherent in human nature - Natural rights Positive Law -applies only to the citizens of that nation or society - no such a thing as “natural rights” - laws must be obeyed even if unjust to prevent anarchy Historical law- - Emphasizes the evolutionary process of law by concentrating on origin and history of legal system - Tend to rely on past/historical cases to come to a verdict Legal realism - Rebelled against the historical approach to law - Strongly influenced the “ sociological school” which tend to depart from the past decisions than other jurists Sources of American Law Constitutional law- - Supreme law of the land Statutory Law- - Laws created by federal, state, and local legislatures and governing bodies - Cannot violate us constitution - Uniform laws become statutory laws when adopted by the state. Stare decisis - “to stand on decided cases”; practice of deciding new cases with reference to former decisions or precedents.
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Notes- Chapter 1 - Notes- Chapter 1 Schools of...

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