Professional Documents
Culture Documents
(Chapter 1 continued)
Lecture Notes
(S.Spencer)
CLASSIFICATIONS OF LAW
1. Criminal vs. Civil 2. Substantive vs. Procedural 3. Public vs. Private
CIVIL Regulates the rights and duties between parties Private duty owed by one person (or corporation) to another. Suit must be brought by person wronged money damages awarded to make person whole. Exception: Outrageous behavior by wrongdoer could result in Punitive damages being awarded.
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Civil Case
Actors Prosecutor v. Defendant (govt v. accused) Plaintiff v. Defendant (wronged party v. wrongdoer
Punishment
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PRIVATE LAW Regulates the duties between individuals. A framework of legal rules that enables parties to set the rights & duties they owe each other. Courts enforce but only parties to the agreement are required to comply with terms. (e.g., contracts, property, & agency)
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What is the Law? -- Part II How can we define the law in general terms (w/o just enumerating a list of things that are considered law)?.
Schools of JURISPRUDENCE
1. Legal Positivism 2. Natural Law 3. American Legal Realism 4. Sociological Jurisprudence School of Jurisprudence LEGAL POSITIVISM Definition of Law The commands of a legitimate political authority. The commands of a legitimate political authority that do NOT offend higher law. NATURAL LAW AMERICAN LEGAL REALISM SOCIOLOGICAL JURISPRUDENCE The behavior of public officials as they deal w/matters before the legal system. Umbrella term uniting a wide range of approaches to law. & society study.
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KEY POINTS Legal Positivism LP: Law is separate & distinct from morality Validly enacted positive laws should be enforced & obeyed (whether just or not) until they are changed through the legitimate lawmaking process. Results: Sometimes harsh & inequitable but Very predictable in enforcement
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Sociological Jurisprudence
Each case & legal decision is viewed as a piece of a much bigger & more important puzzle. When interpreting statutes, they look beyond the plain meaning of the words and consider the legislative intent as well as the prevailing social policies. Implication: Stresses the need for law to change and keep pace with the evolution of society. Compared to NL: In general, SJ recognizes the fact that morals influence the law, however, it is not concerned with the goodness or badness of the law. Exception: Some legal sociologists have a vision for where society is going (or should be going) and make decisions that promote this social agenda.
Functions of Law
The law serves as a flexible tool for the accomplishment of specific/chosen purposes. Positive: Willingness to adapt law to further social good Negative: Legal instability & uncertainty. Types of Social Functions Served: 1. Peacekeeping 2. Check Govt Power & Promote Personal Freedom 3. Facilitate planning & realization of reasonable expectations 4. Promote economic growth & free competition 5. Promote Social Justice 6. Protect Environment
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LEGAL REASONING
Q: Why consider legal reasoning? A: Important for understanding how laws are interpreted. LR gives insight into how lawyers & judges think Helps dispel the notion that law is a fixed body of predictable Black Letter rules Provides some understanding of the mechanisms by which law responds to social change. Types of Legal Reasoning 1. Case Law Reasoning 2. Statutory Interpretation Case Law: Find appropriate legal rule Standard for selection: Doctrine of Stare Decisis (Chapter 4) If not similar enough, Distinguish case Note: A valid distinguish must exist. E.g., Employment-at-Will E.g., Hagan v. Coca-Cola Statutory Interpretation (Chapter 4) Courts face a challenge when interpreting statutes. 1. Natural ambiguity of language 2. Intentional ambiguity by legislature Various techniques of interpretation used to deal with the ambiguity No technique has priority over any other Different techniques yield different results Specific Techniques: 1. Plain Meaning 2. Legislative History & Purpose 3. General Public Purpose (Policy) 4. Prior Interpretations 5. Maxims
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