EXAM ONE NOTES

EXAM ONE NOTES - EXAM ONE NOTES 8.24 Notes: • What is the...

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Unformatted text preview: 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: 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 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...
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This note was uploaded on 10/04/2011 for the course FIN 3055 at Virginia Tech.

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EXAM ONE NOTES - EXAM ONE NOTES 8.24 Notes: • What is the...

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