This is chapter 1 of the course LA 201. This chapter covers the Introduction to Law. These notes are very thorough, organized, and color-coded. They include notes taken from the book (black) and notes from in class (red). I made an A in this class and made 100's or above on all tests, including the...
Introduction to Law
Roper v. Simmons
● Eighth amendment prohibits "cruel and unusual punishments"
● "…evolving standards of decency that mark the progress of a maturing society."
● Held: cannot execute someone who committed a crime as a minor
● Reason: analogous to executing cognitively disabled
-Was it always wrong & unconstitutional to execute minors or did it become wrong to execute minors?
-Supreme Court said the law has changed because times have changed. It wasn't wrong then, but we live in different times an
it is now, so we're changing it.
-Law consists of a set of rules and procedures usually intended to regulate some aspect of society.
-Laws are different from place to place, including country to country and even state to state.
Origins:
-Historically, two major types of legal systems developed- civil law systems and common law systems.
● Civil Law Systems- refers to a system based primarily on written constitutions and written laws or codes.
- a ruler/legislative body creates a set of rules or regulations to govern- who gave these rulers the power to make laws?, th
said God
- the role of courts is limited
- Ex: Code of Hammurabi- code of 282 laws inscribed on a stone pillar placed in the public hall for all to see; origin of "an ey
for an eye"; punishments were also dependent on rank in society- lower rank gets harsher punishments
● Common Law Systems- based on the concept of precedent, or stare decisis-"it stands decided"- people know what the law i
because of what it always has been, but customs still evolve
- laws originate from decisions of the court- court officials deciding laws are voted in/appointed by the people
- requires courts to follow decisions of earlier courts
- the written codes of the Constitution are subject to interpretation by the courts
- comes out of England because that's where we came from and adopted the same style
Plessi v. Ferguson- allowing segregation as long as it was equal
Brown v. Board of Education- separation is inherently unequal
Three Categories of Law:
● Whether the law is constitutional law, statutory law, or case law- the source
● Whether the law is substantive or procedural- the type
● Whether the law is criminal or civil- the parties in conflict
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller emmagheathcott. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.49. You're not tied to anything after your purchase.
