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Legal Theory Essay

  • Submitted by: pbbame
  • on January 8, 2013
  • Category: Miscellaneous
  • Length: 3,117 words

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Below is an essay on "Legal Theory" from Anti Essays, your source for research papers, essays, and term paper examples.

Legal Theory
-Concepts of Law:
  * Natural Law: what is right
  * Positivism: a command
  * Historical: customs and mores
  * Sociological Jurisprudence: prediction and planning
Civil | Criminal |
Civil court | Criminal court |
Individual | State |
Victim | Felon |
Compensate | Punish |
Preponderance of the Evidence | Beyond a reasonable doubt |
-Stages:
  * Primitive = peace keeping
  * Feudal = status quo (keep things the same)
  *   Industrial Revolution = maximize self interest
  * Post Depression = social injustice  
-Functions:
  * Resolve disputes, Enforce standards of conduct, Maintain status quo, Peace keeping, Promote social justice, Facilitate orderly change, Facilitate planning, Promote conservation
-Classifications:
  * Public v. Private:
      * Public law governs the individual, citizen, or corporation, and the state, while private law applies to individuals
      * Public law deals with a greater scope, while private law deals with a more specific scope
      * Public law deals more with issues that affect the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations
  * Substantive v. Procedural:
      * Substantive: Structure-deals w/ the structure and facts of the case…Enforcement-defines the rights and duties of citizens…Application-cannot be applied in non legal contexts…independent powers to decide fate of case
      * Procedural: Structure-elaborates on the steps which the case passes through…Enforcement-creates the machinery for the enforcement of law…Application-can be applied in non legal contexts…no independent powers
  * Governmental Branch
  * Jurisdictional: control over you by the government (ex. Breach of contract)
  * Civil v. Criminal:
      * When talking about civil all we need is 50% or better votes. We aren’t trying to punish anyone, just beyond reasonable doubt…COST$$
-Sources of Law:
  *...

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Legal Theory. Anti Essays. Retrieved December 18, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Legal-Theory-384788.html


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