BLAW 2301 Chapter Notes - Chapter 4: Legal Realism, Legal Citation, Legal Positivism
Document Summary
Civil law: regulates rights and duties between parties. Leasing a mall space on contract, but the owner leases the space to somebody who is willing to pay higher, she is violating the contract. Violating contracts = civil lawsuit, common law of contract. Injured party could win money or equitable relief. Criminal law: concerns behavior so threatening that society outlaws it altogether, most criminal laws are statutes, government punishes defendant with prison sentence, fine or both, defendant could go to jail. In a criminal case, the district attorney represents the government. Being found guilty of a crime, the defendant violated a statute. Child is left playing with matches near a barn - you are not legally required to intervene. Company buys property and discovers toxic waste to clean up from previous owner. Legal realism: realists claim that it does not matter what is written as law. What counts is who and how it is enforced.
