Law Copyright, 2000 Charles L. Feer.

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Presentation transcript:

Law Copyright, 2000 Charles L. Feer

A Set of Rules for Society to Live By Law defined: A Set of Rules for Society to Live By

History of Law Development... Customs and Traditions Keeping the King’s Peace Common Law Constitution Statutes

Common Law Customs and Traditions that were passed down from generations… Solutions to common problems. Church decisions King’s decisions

Judges learning from other judges. Stare Decisis “Let the Decision Stand”. Provided for Uniformity and Understanding The legal principal which requires courts to apply principles developed in earlier judicial decisions. “Common” Judges learning from other judges.

Federalism Dual Court System Federal Powers - Enabling State Powers - Prohibiting Police Powers Health & Safety Interstate Commerce Federalism Certain reserved powers to the Federal Government… All other powers left to the states

Constitutional Rights Framers were concerned with limiting power of government. Modernly, concerned with public order. Courts created balancing tests. Strict Scrutiny Substantial Relation Rational Basis

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