B Law 210 1nd Edition Lecture 1 Outline of Current Lecture II What is Law III Functions of Law IV Justice Louis Brandeis V Doctrine of Stare Decisis Current Lecture I II III What is Law a Law consists of rules that regulate the conduct of individuals businesses and other organization within society It is intended to protect persons and their property from unwanted interference from others i Laws protect people who want to cause harm because there are consequences Functions of Law a Stability b Predictability c Continuity d Such that the people understand how to order their affairs If society is to survive and thrive the citizenry must be able to distinguish between legally right and legally wrong conduct e Facilitating orderly change f Facilitation planning g Keeping the peace h Maintaining the status quo for whom i To control j To restrain k To deter l Maximizing individual freedom m Promoting social justice n Providing a basis for compromise o Shaping moral standards Justice Louis Brandeis a The only title in our democracy superior to that of President is the title of citizen These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute IV b Rights of a citizen eg Freedom of expression BOR s c Responsibilities of a citizen eg Support and defend the U S constitution respect ROL d Based upon reason and conviction v force and or violence e Liberty both personal and economic free people and free markets Free marketplace of ideas innovation Entrepreneurship f Liberty government restraint BOR and not individual restraint but with limitation g Liberty to contract How you spend your money Doctrine of Stare Decisis a Based on the common law tradition past court decisions become precedent for deciding future cases b Precedent is a rule of law established in a court decision Lower courts must follow the precedent established by higher courts c Stare Decisis Latin for to stand by the decision means adherence to precedent
View Full Document