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12 Cards in this Set
- Front
- Back
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Purposes of Law |
-providing justice -managing change -maintaining stability -providing an orderly and peaceful resolution of disputes -facilitating private arrangements -maintaining a sense of historical continuity in society. |
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What is natural law jurisprudence? |
Human beings are part of the natural order of things; Relationship is a social contract subject to the natural rights of all citizens. |
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What is analytical jurisprudence? |
People are not rational or basically good. We obey the law because it is backed by sanctions. |
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What is historical jurisprudence? |
The law is the product of custom and history. |
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What is sociological jurisprudence? |
The law is concerned with the maximization of social wants and needs and the minimization of social tension and costs. |
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What is realist-behavioralist traditions of law? |
Law in court cases consists of decisions made by people in power and reflects the preferences, values, and situation of the judge making the decision. |
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What is political jurisprudence? |
Judges are policy makers. |
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What is deterministic jurisprudence? |
The law exists to keep those in power in place and those out of power subservient. |
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What is Justice Cardozo's eclecticism? |
Judge-made law is a reality of life and judges use different methods to decide cases depending on the case and facts. |
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Institutional Influences of Decisionmaking |
-a court decides the case before it. -equity -legal fictions -stare decisis -cases are decided on the narrowest principles available. |
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Logic in the law |
-legal reasoning for constitutional questions -statutory interpretation -common law |
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Understanding Judicial Opinions |
-understand the facts of the case -identify the questions the court is asked to decide -understand the judge's reasoning -identify the holding in the case. |
