AJ 014 Lecture Notes - Lecture 2: Procedural Justice, Inductive Reasoning, Precedent

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: Wheeler

Document Summary

Contextual approach: focus on the legal, social and political context, why the legal system is what it is, emphasis on the context, values and purposes. Law is about human society, about human stories. Legislative act: creates a statue or enacts a law. Laid down in accordance with a formal procedure by an institution (a legislature) whose privilege of making law is recognised and accepted by community. Through judicial activity: decisions made by judges = common law or decisional law (case law). These are non-statutory rules and principles formulated and enforced by judges. Major legal system in the world: common law system, characteristics of common law system. Unwritten law (principles developed by the court, reasoning of court = law) and entrenched oral tradition. Common law is more concerned with the solution to a trial rather than to formulate a general rule of conduct for future (solve actual problem, seldom formulate general rule which applies to every case leading case)