B Law 210 1nd Edition Lecture 1 Outline of Current Lecture II. What is Law?III. Functions of LawIV. Justice Louis BrandeisV. Doctrine of Stare DecisisCurrent LectureI. 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 othersi. Laws protect people who want to cause harm because there are consequencesII. Functions of Lawa. Stabilityb. Predictabilityc. Continuityd. 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 conducte. Facilitating orderly changef. Facilitation planningg. Keeping the peaceh. Maintaining the status quo (for whom?)i. To control?j. To restrain?k. To deter?l. Maximizing individual freedomm. Promoting social justicen. Providing a basis for compromiseo. Shaping moral standardsIII. 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.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 violencee. 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?IV. Doctrine of Stare Decisisa. 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
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