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| Laws are related to universal and moral and ethical principles that are inherent in human nature-->Nazis violated this |
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| Law evolves...Develops due to the spirit of the people-->we eventually get what we want |
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| Legal Realism and Sociological School |
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| Law is shaped by social forces and needs. Law is what judge says it is. An unenforced law is no law at all |
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| Laws develop as a result of rational people trying to maximize the welfare of society. |
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| Deals with the rights and duties that exist between persons and between persons and their government |
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| Deals with wrongs committed against society |
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| Law that defines, describes, regulates, and creates legal rights and duties |
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| Laws that establish the methods of enforcing the substantive laws |
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| A decision where lower courts are required to follow decisions of higher courts under similar circumstances |
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| Exceptions to Stare Decisis |
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| Unjust (Plessey v. Ferguson & Brown v. Board of Education) Poorly Reasoned (Roe v. Wade) Changing Times (Flagielo v. Nolan) |
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| An amount intended to place a plaintiff in the financial position he/she would have been in had the injury not happened-->typically given in negligence cases |
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| Money given over and above compensatory to punish a defendant who has acted with a willful and want disregard for people or property |
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| Undoing a contract-->Nolan Ryan Case |
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| A court order directing a party to do or not do something-->take down a fence/not have a parade |
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| A court ordering a party to go through with a contract-->only unique things like LAND OR PICASSO |
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| Tend to be conservative, leave things up to legislature, do not create new rights |
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| Liberal, like government power, create new rights |
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