Upgrade to remove ads
Terms in this set (42)
the belief that the world is at unity and thus we follow its natural laws. This was believed by Persia, Egypt, and Eastern China
the world of nature and its conventions. The laws are made up of natural laws along with positive law. This is believed and followed by Greece and Rome
also be the world of ecclesiastical and secular world. Breaking the laws up into Religious Law, John of Salisbury, and Human law, Marsilio of Padua.
Was signed by the king of England this document thus belittled the powers of the kingdom and expressed rights and freedoms to the lands citizens. Article 39 points out that these new rules only applied to free men which were non-serfs, nobility, barons. They were protected from the government unless condmned by legal judgement of his peers (Court) or the law of the land (Legal Procedures). Also article 61 established the right to appeal and override the kings decision. The courts could be used to hold the central authority accountable.
the ability to determine collectively the rules under which we live. IE... Right to vote, to be elected, to support candidates
Is the freedom to do as we please. Individually, with the knowledge of the rules. IE... Right to contract, marry, inherit, to live
The freedom to have the minimum autonomy over ones self. Right to pray at home, physical space, intimacy
Montesquieu's horizontal powers separation
Legislative Executive and Judicial branches are all needed in order to keep power balanced
Social Welfare State
Is now modernly more focused on helping out the rights of a collective as opposed to helping an individual. The benefits from social welfare state were given to people that would divide up into sections.
rather than public law, is the most effective protector of liberties.
Social welfare violated
equality under the law by providing benefits for the collective groups as opposed to individuals.
So far, according to Dicey -
Punishment can be meted out only if the law has been breached and such occurrence has been corroborated by the court.
No man is above the law.
Private law, rather than public law, is the most effective protector of liberties
Judges make opinions based off of general societal expectations, judges cross check this case with previous cases and decisions and observe the patterns between the people and situation. Make final decision and apply these patterns to the current case
is the attempt to apply similar ruling in cases.
on decisions announced beforehand thus precedent is upheld
If precedent does not exist then
judges will make a decision while applying a principle that would garner societal support
Law is not created it is
discovered through travels back to traditions and customs through finding continuity between the present and the past
Law can be used to
Expand the powers of the government and advance polices in social welfare or restrict the powers and curtail policies of social welfare
reflects biases of judges and their political, social, ideological, and moral partialities (preferences), Decisions of judges are inherently subjective, produce inconsistent outcomes, and favor specific public policies
legal reasoning can be separated from ethics and public policy, applications of law lead to one, single outcome
Legal concepts have a necessary, specific, objective, agreed-upon content and meaning which judges can discern through (legal) reasoning, Judges decisions are, therefore, apolitical and objective
focus on "rules", Judges apply judicial rules without discretion - almost "mechanically", "automatically", and free of their own judgments, prejudice, value, Judges do not consider the social impact of the cases they decide
the legal system can determine one right, correct, just, truthful outcome
law, in many cases, cannot produce a single answer; law allows for more than one outcome
This inability (failure) to determine one outcome is referred to as
Rule of judge replaced rule of law because
if you are looking at it for a realist view then you realize that the judges have so much power there own decisions can influences the outcomes of court cases and decisions for years to come
Everyone including persons, institutions and entities, and the state itself is accountable to law
The state powers are limited by
independent judiciary, open and fair hearing without bias, and review
horizontal separation of powers
Open and fair hearing without bias
each person follows due process
of legislative, administrative and law enforcement officials
Lochner v. New York, 1905
Liberty of contract, weather state could interefere with hours a baker works
Coppage v. Kansas, 1915
was a U.S. Supreme Court case that held that employers could make contracts that forbid employees from joining unions.
Minersville School District v. Gobitis, 1939
students do have participate in the saluting of the flag
West Virginia Board of Education v. Barnette, 1942
students do not have participate in the saluting of the flag
Watkins v. United States, 1957
Watkins did not have to answer question that did not have to do with the scope of the investigation
Barenblatt v. United States, 1959
You cannot refuse to answer questions when it is a matter of national security
Heart of Atlanta Motel v. United States, 1964
United State ruled that the hotel could not select guests based on any reason
Roe v. Wade, 1973
Allowed for Roe to terminate her pregnancy. A womens body is her own property.
Webster v. Reproductive Services, 1989
Stated that life began at conception at that Missouri was allowed to reallocate its funds away from abortion related ideals.
Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992
Forced women to overcome an obstacle before being able to abort a child. Married women must inform her husband, while a minor must inform one parent.
Lawrence v. Texas, 2003
This case ended the fact that it was a crime for two men to have intercourse in Texas
YOU MIGHT ALSO LIKE...
y211 intro to law exam 1
Business Law 202-CSUSM (B. Rich class)
Legal studies midterm
Business Law, Text and Cases, Thirteenth Edition,…
OTHER SETS BY THIS CREATOR
Psych ch 8