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General Law Review

QuestionAnswer
Before the Constitution was established, the American government operated under the Articles of Confederation.
Definition of Law: Law is a system of enforceable rules adopted by a controlling body to govern the conduct.
The characteristic of American law which distinguishes it from the law of other nations is the structure of its controlling body – a government of the people, by the people, and for the people.
King’s court of common pleas law court (very technical)
Court of Chancery equity (fairness versus technical)
Blackstone’s Commentaries brought from England was first “law library” in colonies
4 Philosophies of American Law Natural Law, Legal Positivism, Sociological Jurisprudence, Legal Realism
Natural Law emphasizes the individual’s right to make personal choices as long as those choices do not interfere with another’s right to make personal choices. It is a birthright (of being born in this country), cannot be conferred by anyone, and cannot be taken awa
Legal Positivism emphasizes the institutional rule of law (if process used to adopt a rule is fair and no other rule exists to carve out an exception, then rule is adhered to regardless of the result). “Hard cases make bad law.”
Sociological Jurisprudence promote society’s values as the measuring stick for right and wrong; elevates a legal rule by looking at its social effect. Law is seen as a tool for social engineering, but it usually moves too slowly to respond to needed social change.
Roscoe Pound was a strong advocate of sociological jurisprudence.
Civil rights is an example of sociological jurisprudence.
Legal Realism determines what reasonable people would do in a given situation and then sanctions that conduct.
California recently decided to give drivers licenses to illegal immigrants. Example of legal realism.
4 classifications of law public, private, substantive or procedural
All substantive law is either criminal or civil.
Created by: malrey3
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