ADMS 2320 Lecture Notes - Lecture 1: Precedent, Blackletter, Equal Protection Clause
21 Feb 2016
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Document Summary
Four pillars of law: property laws arose to protect the ownership and use of real property (land and structures on it). Laws regarding personal property (chattels) and intellectual property developed from there: contract laws relate to commercial dealings between two or more parties. Were later expanded to help intended and unintended victims of other people"s actions or inaction. As laws were evolving, judges decided that cases with similar facts should decided in similar fashion. Decisis or ? stand by previous decisions and led to what is known as the law of precedent. Along the way judge recognized that too many situations favoured the lords/employers, and were unfair to weaker litigants who lacked the wherewithal to fight for their rights. They could not always rely on precedent to decide cases and turned to principles of fairness or equity. This gave rise to courts of equity such as small. Claims court, where people can inexpensively represent themselves.
