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Ch 1 Notes - Doctrines – principles used over and over...

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Thomas Hobbs supported divine rights for kings. Kings law ought to be in writing (Positivist Law). Everything should be formal. Positive law becomes sub for divine rights. All laws must be obeyed. (Streets of Bologna) even if outcome is bad. Chaos without laws. Legal realism –more contemporary. Karl Llewellyn (the bramble bush). Judges have own predispositions -Looks to social and econ situations outcome is practical. Decisions tailored to specific cases. Background, status, disposition etc effect decisions. Socrates and Apollodorus. Deductive reasoning – uses syllogism, Major premise, minor premise and conclusion. All men are mortal Socrates is a man Therefore Socrates is a mortal* Linear reasoning – proceeds from one fact to next conclusion Particular to general. Reasoning by analogy – compares facts of current case with facts of previous similar cases. OR with “Hypothetical” case. Principle of Law has stronger precedents than reguar laws
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Unformatted text preview: Doctrines – principles used over and over again. Stare Decisis – case precedents are binding authority Exception to precedent are cases of first impression Brown vs Board of Education (1954) – overrules Plessy/Furgeson Plessy vs Furgeson (1898) Balck man on train kicked off. Took case to court and established Separate But Equal. Common Law Remedies – recover damages. At law and equity – equitable principle and fairness (not damages) Kings Courts and Remedies – AT LAW 12/13 Century was no remedy at law, no remedy at all Church began to grant equitable remedies. Remedies at Law vs Equity Crown and church Crown provides remedies at law Church provides equities Martin Luther’s reformation (1517) removes Catholic Church. Crown captures jurisdiction of church Henry 8 destroys great Abbeys Judge may rule against plaintiff King sets up Kings Court dealing with the LAW...
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