Exam 1 Deck 1
Political Science 330 with Brown, Theodore at University of Tennessee - Knoxville
About this deck
By: Sasha Qualkenbush
Textbook:
Introduction to the American Legal System (The West Legal Studies Series)
Created: 2009-02-21
Size: 11 flashcards
Views: 162
Textbook:
Introduction to the American Legal System (The West Legal Studies Series)Created: 2009-02-21
Size: 11 flashcards
Views: 162
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Dicta
Language not necessary for the result
Formalism
Must take objective view. Judges must not think of policy or consequences of decisions.
Realism
Judges interpret laws subjectively. Should be creative in interpretation so that it can make a good public policy
Pragmatism
judge must be forward looking, but NOT progressive. usually conservative.
Dworkin
Fairness, equality. favors principle over policy.
Intestacy Statute
When someone dies without leaving a will, the state tries to decide who gets the property.
ALI- American Law Institute
published a "restatement of the law". used as a model for codes, statutes, penal code, etc.
john stuart mills
On liberty- he said the law was made to prevent harm to others
Criminal law
includes:felonies(murder, mayham, robbery) misdemeanors(breach of peace, less serious), - anything done against society.
Civil Law
not done against society-
individuals vs individuals
individuals vs individuals
Juries
important in common law. used as a "fact finder" which is based on their own knowledge and what they find in the case.
About this deck
By: Sasha Qualkenbush
Textbook: Introduction to the American Legal System (The West Legal Studies Series)
Created: 2009-02-21
Size: 11 flashcards
Views: 162
Textbook:
Introduction to the American Legal System (The West Legal Studies Series)Created: 2009-02-21
Size: 11 flashcards
Views: 162
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis
Dennis