LGS 200 - LEGAL HERITAGE AND THE INFORMATION AGE

law

consists of rules that regulate the conduct of individuals, businesses, and other organizations in society, intended to protect people and their property, forbids engagement in certain undesirable activities, keeps peace, shapes moral standards, promotes social justice, maintains status quo, facilitate orderly change and planning, provides a basis for compromise, maximizes individual freedom

flexibility of law

US law evolves and changes with time, ex- brown vs board of education

jurisprudence

the philosophy/science of law

historical school of jurisprudential thought

law is the aggregate of social traditions and customs, changes in society should be reflected in the law gradually, law is an evolutionary process

analytical school of jurisprudential thought

law is shaped by logic, results are reached by applying principles of logic to the specific facts of the case

sociological school of jurisprudential thought

law is a means of achieving and advancing certain sociological goals, followers of this idea are called realists, believe that law shapes behavior and doesnt adhere to prior law

command school of jurisprudential thought

law is a set of rules developed, communicated, and enforced by the ruling party, law changes when the ruling class changes

critical legal studies school of jurisprudential thought

rules arent necessary and are only used by powerful people to maintain their power/the status quo, legal disputes should be resolved subjectively/fairly depending on the specifics of the case

law and economic school of jurisprudential thought

promoting market efficiency should be the number one goal of legal decisions

english common law

law developed by judges who issued opinions when deciding cases, such cases became the precedent for future/similar cases

law courts

court that developed/administered a uniform set of laws decreed by kings and queens post-william the conqueror, prioritize legal procedure over merits

chancery/equity courts

under authority of lord chancellor, grants relief based on fairness, inquired into a case’s merits if the person appealed the result from a law court

merchant courts

based on common trade practices and usage, solved commercial disputes

US constitution

law of the land, has broad principles, living document/adaptable, established three branches of government

legislative branch

congress, makes laws

executive branch

president, enforces laws

judicial branch

courts, interpret/validate laws

state constitutions

patterned after US constitution but more detailed/specific

treaties

president and 2/3 of senate may enter into these agreements with foreign governments, become part of supreme law of land and apply to all of the country

federal statutes

laws that establish certain courses of conduct that covered parties must adhere to, organized into code books, aka codified law

code books

books that contain statutes enacted by congress/state legislatures and ordinances enacted by municipalities

codified law

statutes enacted by federal congress/state legislatures and ordinances passed by municipalities/local government

state statutes

statutes enacted by state legislatures

ordinances

law enacted locally

executive orders

laws issued by the president, can be written/signed very quickly

administrative agencies

legislative/executive branch establish these entities, headed by presidential appointees, aka fourth branch of government, hear and decide disputes

judicial decisions

decisions made in court cases by judges, often based on prior laws/legal principles

priority of law

US constitutions > federal statutes > federal regulations > federal law > state constitutions > state statutes > state regulations > local laws

stare decisis

adherence to precedent, promotes uniform law, makes courts more efficient, makes laws more predictable, gives stability

critical legal thinking

consists of investigating, analyzing, evaluating, and interpreting information to solve legal cases/issues

socratic method

professors ask students questions about a case/legal issue to promote critical legal thinking, stimulates class discussions

IRAC method

method of analyzing a case, what is the legal ISSUE in the case, what is the RULE (law) of the case, what is the court’s ANALYSIS and rationale, what is the CONCLUSION of the case

substantive due process

law must be clear and easy to understand

procedural due process

right to a hearing in front of a neutral judge and jury before anything (life, liberty, property, etc) can be taken from you