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Objectives of Law
Transcript of Objectives of Law
Preexisting rules are used to determine legal outcomes
Stable laws are more likely to be applied uniformly, consistently, and are better understood by those who have to enforce them
Predictable laws are a guide for conduct. For example, business people are not likely to incur risk in a volatile legal and political market.
What if we had a "legal cookbook' with a prescribed law for every situation?
Legislators produce statutes designed to promote the public's health, safety, welfare, and morals.
Judges make law in conjunction with resolving disputes that hav ebeen properly brought before the court.
What does it mean "to establish justice?"- taken from the US Constitution
Image by Tom Mooring
Federal Rules of Civil Procedure 1- procedural rules should be construed "to secure the just, speedy, and inexpensive determination of every action."
Goss v. Lopez-
Objectives of Law
We use law to regulate people in their relationships with each other and with the government.
Private Law- property, family, tort, probate, corporate
Public Law- constitutional, criminal, administrative
Is it a natural law type sentiment, where each party to a dispute receives what he or she is due? or
Does it mean a a specified process was followed by governmental institutions?
Can we really have it all- justice, speed, and economy?
SCOTUS determined that public school administrators only have to provide rudimentary procedural due process to students who face short suspensions
Rationale: Providing students with extensive trial-type procedures would make the disciplinary process to expensive.
Historically, law has been used to determine desirable public policy- for example, to establish then abolish discrimination