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LGST 101 Lecture 3

But note that the constitution did not change supreme

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But note that the Constitution did not change Supreme Court read the temper of society and what was the expectation of society The Constitution was fitted in accordance with society’s needs Change is frequent, though not always in the most evident ways We’ll be talking about judicial application of statutory law Alongside courts of law, there are other court systems, which do other things, but are complementary o Administrative law agencies Set up by legislature, and receive delegation of power from legislature Congress looks at a particular area of society, and says that that area has needs we can’t meet since we (Congress?) don’t have the expertise Example: Congressmen o Many Congressmen used to be lawyers before becoming Congressmen o They had no idea about particular fields like nuclear technology, bandwidth allocation, etc.
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Therefore, to manage the marketplace, we will create SEC (Securities and Exchange Commission) They will write laws for marketplace Administrative law is outside the realm of Congressional legislation o Courts of equity – another area separate (from Congressional legislation) Tend to do things the law cannot do Equity fills holes in law, where law doesn’t necessarily go or where it is inadequate Going back to medieval times in England, all the kings own the land Land is unique o This idea Kings wrote and enforced the law o This didn’t work well So courts were created o Came up with common solutions, which became common law o This worked better King Henry VIII o Two problems Courts did as much as they could do and refused to accept new problems Formulary nature of law If you wanted to sue, had to submit a writ – specific and precise legal document, which changes depending on the type of lawsuit you bring and what you want done o Writ must be exact – had to be correct o But people were illiterate o King said there is a problem, which became worse as there was a shift from agrarian society to more craft-based and commercial society Courts won’t deal with problems in this commercial society – don’t want to deal with it o Taxes were paid in kind Taxes from commerce was in gold – better than agrarian tax payments (milk, cattle, etc.) o Goes to chancellor, who creates Court of Chancery First court of equity Solved problems courts didn’t solve – became very powerful tool Insurance contract example Before, in traditional contract law, there was the rule of privity
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Only two people involved in contract are the two parties that negotiate – third parties cannot be included This can be problematic – taxes Third party donee beneficiary contracts – basis for insurance o For example, a family that receives a benefit from the insurance Answer at law is questionable, because what happens at law is that insurance company pays you, then you give money to family o This is problematic, since you have to pay taxes o
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