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Law Copyright, 2000 Charles L. Feer
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A Set of Rules for Society to Live By
Law defined: A Set of Rules for Society to Live By
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History of Law Development...
Customs and Traditions Keeping the King’s Peace Common Law Constitution Statutes
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Common Law Customs and Traditions that were passed down from generations… Solutions to common problems. Church decisions King’s decisions
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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.
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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
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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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