Notes over common law tradition
Notes over common law tradition BLAW 231
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This 2 page Class Notes was uploaded by Kathleen Notetaker on Sunday September 6, 2015. The Class Notes belongs to BLAW 231 at Missouri State University taught by Nancy Allen in Spring 2015. Since its upload, it has received 43 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Business Law at Missouri State University.
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Date Created: 09/06/15
Chapter 1 LAW 231 IV Common law tradition England Common aw evolved overtime judges tried to be consistent with previous decision ega precedence a Doctrine of Stare Decisis the common law practice basing cases on previous decisions to stand on decided cases i Stare D amp the common law 1 Judges are obligated to follow previous cases ii Legal precedents 1 Controlling a Have to follow higher courts precedence 2 Persuasive a Case with same facts different jurisdiction b Can follow if want to but don39t have to 3 Departures from precedent a Sometimes the court decides that the precedent is incorrect and a court will depart from it b Changes in technology modernization society s attitudes can make a law obsolete c Ex Brown v board of education i Us SC separate but equal is inherently unequal 1 Overturned Pessy v Ferguson 4 No precedent a Sometimes there is no precedent to follow have brand new situation b Called a case of rst impression new technology something court has never considered before internet V Classi cations of the law a Substantiveprocedural i All laws of the US ts in these categories ii Substantive all laws that create our rights and obligations 1 What cancant do steal kill speed limit contracts iii Procedural court house rules law suit rules how to proceed with trials in court 1 Ex If sued 30 days to le answer b Criminalcivil i Civil rights and duties that exist between persons ii Criminal wrongs committed against society offenses against the public as a whole VI How to read case law a Case tite v i Names of parties to lawsuit ii Brown v Board of Ed iii Plaintiff is the party that les lawsuit iv Defendant is the party being sued v Pellant v appllee b Parties nplaintiff Adefendant Chapter 1 LAW 231 c Decisions and opinions i Unanimous when all agree on something ii Majoritywhen don39t all agree majority rules write majority opinion and outlines view of majority judges iii Concurringopinion written by a judge who agrees with outcome of majority but for different reasons than the others iv Dissentwritten by judge who does not agree with the outcome doesn39t agree with majority not the law just the judge saying the others are wrong 1 Important because same issue could come up in later years will be used to overrule the majority opinion Panel ofjudges vote on who wins vote 79
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