Notes on Courts Opinions - 1 Court Delivering Opinion 2...

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1. “Court Delivering Opinion” 2. “Citation” 3. “Facts,” “Issue,” “Decision,” “Reason” 4. Is There a Dissenting or Concurring Opinion 5. “Comments” Section is Especially Important Chap. 1 – SOURCES OF LAW Constitutions – Federal, State Statutes, including Uniform Codes Administrative Law – Regulations Executive Orders Judicial Decisions – Case Law Treaties (with foreign countries) The Common Law Tradition 1. Common Law – Judge-Made Law 2. Stare Decisis – Binding Precedent 3. Remedies: Remedies at Law – Monetary Damages Remedies in Equity – Rescission, Specific Performance, Injunction Schools of Jurisprudential Thought Natural Law School – A tradition based on a presence of a universal law, higher than national (or positive) law. Aristotle – Knowable through reason. God-given
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Unformatted text preview: rights. • Positivist School – Legal positivists believe rights come from national laws. Law is a “Command” from the ruling group that must be obeyed. • Jurisprudence (Cont.) • Historical School – Law evolves over time as a function of a people’s historical experience, their traditions and customs. Strong adherence to past decisions. • Legal Realism School – Law is shaped by the individual values and personalities of judges and reflects their perceptions of social forces and needs. • Jurisprudence (Cont.) • Sociological School – Law is a tool to promote social justice. Less adherence to past decisions. • Feminist School – Women have a different perspective on justice than men. Much of existing law reflects the dominance of men in positions of power....
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  • Spring '12
  • Fay
  • Law, Common Law, common law tradition, Natural Law School, Legal Realism School – Law

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