{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

EXAM ONE NOTES - E XA M ONE NOTES 8.24 Notes What is the...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
EXAM ONE NOTES 8.24 Notes: What is the law? o Enforceable rules that govern the relationships between individuals and those relationships between individuals and society. Philosophies of Law: o Legal Positivism : Law is what the sovereign says You must obey the law because it’s there, even if it’s a bad law. “No man is above the law and no man is below it: not do we ask any man’s permission when we ask him to obey it.” -Roosevelt o Natural Law : Aristotle An unjust law is no law at all There is a higher law based on man’s ability to reason. “An unjust law is itself a species of violence. Arrest for its breach is more so” -Gandhi o Legal realism : Pessimistic outlook Law is what the enforcer wants it to be “…law is often but the tyrant’s will, and always so when it violates the rights of the individual.” – Thomas Jefferson Looking back: o Egypt - 3000 BC - had a system of rules o 1760 BC - Hammurabi’s Code “an eye for an eye” o 800 BC – Athens o Rome – Justinian Common Law vs. Civil Code: o Common law is the collection of cases and decisions made by judges interpreting a statue or other sources of law, which is then relied on by other judges in other cases as Precedent. o Civil code is codified rules where judges decisions are deemed less important. – Parliament based o Pros and cons: Neither one is right or wrong. …. Sources of American Law: o Constitutional Law:
Image of page 1

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

View Full Document Right Arrow Icon
Constitution sets up government; limits the authority of government; etc. The US Constitution always wins o Federal and State Statues: o Administrative law: Aka bureaucracy, the red tape o Case Law and Common Law Doctrines: Common Law Doctrines can be found in case law but not all case laws contain common law doctrines. Common Law Doctrine of the Right to Rescue: o No duty to rescue – “penalties are found not in the laws of men, but in the laws of God” Ex: Ryan getting hit by a bus; slept with girl’s roommate o Exceptions through Stare Decisis Employer, Therapist, Lifeguard, Unless you created the risk o Stare Decisis: o Stare Decisis (to stand on decided cases) Decisions by a higher court are binding on lower courts. A court should not overturn its own precedents o Exceptions to Stare Decisis: Matter of First Impression Factual distinguishing of case – facts may be so different from previous cases. Vagueness of language - room for social growth. o “The strictest law sometimes becomes the severest injustice.” – Ben Franklin How does a court interpret a vague statue with no precedent to rely on? o Plain language o Legislative history o Public Policy Important Legal Distinctions: o Criminal law vs. civil law: Ex: OJ Simpson Criminally not guilty; civilly liable
Image of page 2
o Public law vs. Private law o Substantive law vs. procedural law SUBSTANTIVE: Creates and defines legal rights Ex: state and federal statues; common law PROCEDURAL:
Image of page 3

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

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern