Presentation on theme: "FUNCTIONS of LEGAL SYSTEM Dispute Resolution -- Maintain and Restore Social Order Facilitate Planning -- Project Consequences of Actions Educative Function."— Presentation transcript:
FUNCTIONS of LEGAL SYSTEM Dispute Resolution -- Maintain and Restore Social Order Facilitate Planning -- Project Consequences of Actions Educative Function -- Instill and Reflect Values of Society “Legitimizing” Function -- Reflects Lack of Other Social Institutions
SCHOOLS OF LEGAL PHILOSOPHY Positivism - Connection between law and government Natural Law - Law reflects higher moral values Legal Realism - Emphasize human dimension of legal system
Objectives of Legal System Justice Speed Economy Flexibility Stability Predictability
CLASSIFICATION OF LAW Common Law vs. Civil Law -- “Anglo-American law vs. European law -- reasoning process Substantive Law vs. Procedural Law -- define rights and obligations vs. how to exercise those rights Criminal Law vs. Civil Law -- public law vs. private law Law vs. Equity -- remedies available
SOURCES OF LAW Constitution -- “Fundamental Law Statutes -- legislation Administrative Regulations -- Government regulation by administrative agencies Executive Orders -- presidential or gubernatorial orders Court Decisions -- relationship to other sources
LIMITS ON COURTS’ DISCRETION Court Structure -- higher courts bind lower courts Jurisdiction -- states don’t bind other states Legal Theory -- civil vs. criminal Date of Case -- newer cases better than older ones Statute -- has a statute overruled the case?
Briefing a Case Facts: –Who is suing Whom, for What? –Arguments of the parties? –Where are we procedurally? Issue: What is the legal question raised by the facts? Decision: How does the court decide the issue? Reasoning: Why does the court decide the way it did?