QST LA 245 Chapter Notes - Chapter 1: Political Question, Alexis De Tocqueville, Public Law
23 Jul 2018
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Power: the strong reach of the law touches us all, something that powerful is itself, power. Fascination: alexis de tocqueville, observing the qualities that made the u. s. unique, saw that. English roots: then: england was divided into shires, and daily administration was carried out by a. Oath helpers, usually 12, who would swear that one version of events was correct. England, which summarized many legal rulings in cases, teaching judges to rule based on previous cases. This established the idea of precedent, which requires that judges decide current cases based on previous rulings: now: this principle is at the heart of american common law. Substantive rules of law state the rights of the parties, procedural rules tell how a court should go about settling disputes. Today, lawyers attack procedural aspects of an opponent"s case before dealing with the substantive rights: then: when a judge refused to hear a case, you could bring your case to the chancellor.
