Last Modified: 2011-07-09
Related Textbooks:West's Business Law: Text and Cases - Legal, Ethical, International, and E-Commerce Environment, 10th Edition
2. Positivist Law view
3. Historical View
4. Legal Realism view
-OLDEST VIEW OF JURISPRUDENCE--Aristotle
-Declaration assumes natural law
-Laws and rights/ethics are not universal
-concentrates on origins of the legal system
-law comes from standards that have withstood test of time (decisions from earlier cases)
-Statutory Law- federal, state and local
-Administrative regulations and decisions
-Case Law and Common Law doctrines
- the same court can grant a remedy that includes both damages and equitable or injunctive relief
-makes law stable and predictable
-increase judicial efficiency by relieving courts of having to reinvent legal principles for each case
-binding authority and must be followed
Rule (what law governs this matter)
Application (Apply the law to the facts)
Conclusion (decision or verdict)
-Summarize the common law of most states
-Civil or Criminal and either...
-Substantive or Procedural, and either
-Public or Private
- applies to advertising, contracting, banking, filing documents with courts, employment relationsm etc
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