Summary Of Law Essay Research Paper Summary
Summary Of Law Essay, Research PaperSummary of jurisprudence:RulesBy, or for, societyOpposite of lawlessnessSupply benefits ( stableness, equity, protection )Common will or elite designEnforced by coercion ( penalty )Allocates resourcesIs a particular procedureInvolves certain people to transport it outWeber LawLaw is a set of regulationsTorahs are punishable ; they can be enforced through coercionTorahs are enforced by individuals assigned to this occupationLaws are given consistence and predictability through tribunalsRational LawWhat weber s definition is know asMan made jurisprudence as a tool for regulating egoThe regulations we live under and byWhat if we disagree with the jurisprudence?You can differ, but obeyYou can differ and non follow the jurisprudence because it violates higher rules, or NATURAL TorahsNatural jurisprudence traitsConsist of basic, cosmopolitan rules sing human behavrioPrinciples rest on morality ( can be spiritual )By and large agreed upon consensusHigher than manmade jurisprudence ; does non depend upon a gov T for it legitimacyStill involved anytime person violates Rational LawAnti abortion intrudersCivil rights dissenters marched, even with judicial order against itThose that harbored fleeting slavesRational jurisprudence tradition ( 2 systems )Civil jurisprudence ( Continental Europe )Foundation of jurisprudence is a written codificationJudges decide based on codificationCommon jurisprudence ( us and england )Was unwritten and depeneded on case in point and tradition. Cases ought to be decided the manner similar instances had been decided in the yesteryearIn old England, the unwritten determinations were passed down from justice to judgeAmerica introduces codifcation to COMMON LAQWriting the jurisprudence down lets more people read and know the jurisprudenceCodification makes a map to make up one’s mind issues of jurisprudenceMap is good usher but it doesn t trade with every eventualityProcedure of legal logical thinking ( 3 stairss )1.
find a instance similar to the 1 you have2. find what regulations of jurisprudence was in the instance3. apply that regulation of jurisprudence to show instanceState V Pendergrass ( 1837 ) NC condemnable instanceAssault and batterySchoolteacher whipped a pupil with a switchDecisionAuthority of the instructor equals the authorization of a parentParents have power to rectify childs behavior with moderate physical rectificationTeachers may administrate moderate rectificationModerate CORRECTION= can non ensue in lasting hurt and the instructor can non utilize authorization to cover maliciousnessJoyner V Joyner ( 1862 )Mrs joyner wants to disassociate her hubbyHusband whipped, switched, and verbally abused his married womanDecisionWhat were the fortunes of the penaltyThe married woman must be capable to her hubbyEvery adult male must regulate his familyLook to genesis in the bible to see how a adult male must moveLaw gives power to the hubby over the married womanCOVERTURE a philosophy over adult females at the clip of the determination.Feme sole- applied to a wowan on her ainFemme covert- applied to a married adult femaleCOVERTURE says that a hubby and a married woman are united as on in matrimony and the merely one bing for legal intents is the adult maleState Vs Black 1864Wife commit wrangle with the hubbyHsuband pulls married woman to the floor but restrains himself and does non strike herDecisionLaw will non occupy the domestic forum or travel behind the drape.
State V Rhodes 1868Assault and battery the hubby strikes 3 blows with a switch the size of his fingersDecisionIf the topic had non been the married woman, the incident would hold been batter without a? ? ?Court ssaid it was non precisely like BLACK since the hubby was provoked in BLACKPermanent hurt is still incorrectA moderate rectification that does non bring forth lasting hurting or hurt is all right. It no longer must be determined if maliciousness is a factor or non.State V marbry 1870Man threatens his married woman with a knife and efforts to strike her with it. She gets off and no lasting ijury is incurred.DecisionPermanent hurting and hurt bases as case in pointIn this instance, the hubby tried to knife his married woman so he should be guiltyPrecedent is 2 faced.
If case in point is supportive, a attorney binds self to the case in point. If the case in point is contrary, the attorney makes the statement that it doesn t use because the current case is different.State V Oliver 1874Intoxicated hubby threatens to flog his married woman and whips her difficultHe is found guilty ( there were informants, one of which had to keep the hubby ) but entreatiesDecisionAll of the old instances were decided decentlyHow can a adult male assault his married woman without maliciousness or inhuman treatment nowadaysThe strong belief basesThe case in point is held, but seen in a new visible radiationPrecedentLegal system is conservative and rooted in the yesteryearThe system is non inactive. It is of all time alteringPrecedent is a model and hence modification.Arguments are made based on case in pointIt sets the state of affairs into the alternate existence of the jurisprudenceThe Nature of jurisprudence and valuesProfessionalism and ValuessLawyers are bound to the regulations of their professionIdeally, personal and professional values are the same.Realistically, this is impossibleWhat happens when they conflict?Rules of professionalism are supposed to take precedenceReading 3.2 simple life and difficult picks by m.
FlanneryIs a good dr in rural appalchiaA good dr ne’er accepts friends as patients or patients as friends. This is impossible in her state of affairs since she is in an highly rural scene.Dr saw patients with wellness jobs that were due to a life style ineluctableFlannery believes personal values should overturn professional value sometime2 traditions in western jurisprudenceInquisitorial ( France, Germany, Spain )Court hunts for the truthJudge is the primary fact finderAdversarial ( us )The advocators for each side are cardinal to the instanceEvidence is introduced by the sidesThe justice is more a refereeThe truth will come after both sides present their best instanceThe attorney has the involvement of their client merely. The attorney does non work for the tribunal, truth, or justnessMaking the really best for a client may show a value quandaryReading 13.1 ETHICS OF ADVOCACYLoyalty of attorney tallies to client, he has no other maestroAdvocacy may include hiding the truth.
Not even truth is a attorney s maestroAdvocacy requires a attorney to get down with something to be proven and this is as true of facts as it with propostitions of jurisprudence he will blow a batch of clip if he goes in with an unfastened headDETACHMENT this is necessary to last as a attorneyTreat the whole thing as a game, a competitionExpression at it as a trade and work on ur workmanshipP342? ? ? 3Lake pleasant, new your slaying instanceConfidentiality is critical to the adversarial system13.4things that attorney can command during judicial proceeding are personal presentation and the presentation of grounds13.2when a instance is decided, it so has the backup of the province on its side.The justness system is far less adversarial today, so when the article was writtenLEGAL work in the United statesLawyers enjoy a monopoly in legal servicesUS has more attorneies per capita than anyplace else in the universeDimensions of the jurisprudence profession:Regulation of entree into the professionControl behaviour of people in the professionAbility to take people from professionCan t pattern w/out licenceHave a higher profilePractice of jurisprudence is stratified of legal workWhy stratified?Best rise to the topCertain sorts of legal work is more ambitiousThe elect attempt to maintain themselves at the top ( elect ego saving )Legal position peers client position11.
1 Tocqueville 301Tocqueville arrives in the US in 1831 to explicate the US to European readers. His book was Democracy inAmerica and one of the first things he analyzed was attorneies in the US. Few platinums about attorneiesInherently conservative peopleLess afraid of dictatorship than of arbitrary powerLike order, predictability, and legality more than freedomProbably necessary to keep democracyAct as the interruption on unbridled democracyVery of import since the us has a common jurisprudence system with case in pointEuropean states use a civil codification with civil jurisprudenceUS citizens did non cognize the jurisprudence and needed a attorney.Barely any political inquiry arises in the US that is non resolved, sooner or subsequently, into a judicial?He presented an overall positive, uplifting portrayal of the blue, indispensable attorney categoryDevelopment1790-1870Profession a profession has internal regulations that all members must stay by. Rules for admittance, etc are present.
The profession retains a certain grade of power and authorization over the line of work. Did no exist before 1870Free market jurisprudence anybody that wanted to pattern jurisprudence could. People didn T want professional criterions because they were seen as excessively undemocratic.Practice simple TorahsLawyers were typically solo or with lone one spouseLawyers were gerneral practicians with no existent specialisationMost attorneies spent most of tehir clip in the tribunal roomQuality of a attorney was judged by ability in the tribunal roomEducation possible attorney would aprrentice to a current attorneyWould besides assist to larn the jurisprudenceLaw schools no the typical path1828 Harvard University jurisprudence had 128 and 1840 merely 9 universities affliated with jurisprudence school1870-1945Early professionalisation1870 new york saloon association formed for the first clip in NY metropolis1878 saloon association is formedput their ain regulations and policed their memberscriterions of admittance were set ( saloon test )organized boyd now look out for and progress the involvements of leg professionvolume of work grows, epecially regulative jurisprudenceoutgrowth of the legal hierachyModern LaLaw houses develop, patterns began to specialise, less clip spent in tribunal roomEducationLaw schoolsProvided efficient manner of developing adequate new attorneiesEfiicient manner of developing new beds into hierarchy1870 + had been to jurisprudence schoo1910 2/31945consolidation of professionalismpattern: jurisprudence house becomes more coropate and less a household organisation1945 60 % solo1975 fewer than 50 houses with 100+ members now hundreds some with 1000slegal work detonation in environmental, civil rights, and internet jurisprudence service11.2 Big CasinoGrutman is a good known civil lawyerSays attorneies areWeapons can be violative and defensiveTaxidrivers get u from point a to b but they need to be paid. Merely take u where U desire to travelAlchemists make gold from nil, investorContestants compete in the competition of ur testDoctors repair the harm to your lifeCon work forces con the jury, client, and other attorneiesBoxer get paid merely when they winGunfighter hired non merely to protect u, but to guarantee that they can t be hired by person else and used against youLawyers do something of value for their clientsTranslate client s involvements into legal scenesHave a grade of power in the relationshipConflict between attorney ( who have power ) and client ( who has the demand )1870 Christopher langdell dean of the jurisprudence school Harvard University.
Changesintent of Socratess method is non to ache and non a signifier of ill pleasance for the professor. Attempts to put pupil to believe like attorneies and forces them to accept that personal sentiment does non count12.1Law school is a entire establishmentIdividual individuality is removed and replacedSimilar to rupturing down a individual and rebuilding that individual, as is done at the mental establishments and in military preparation.Chagrin depriving down of single individuality.
This is followed by the gradual rebuilding of the new ego