COM CM 481 Lecture Notes - Lecture 2: Precedent, Pentagon Papers, First Amendment To The United States Constitution
8 Sep 2018
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Combo of 2 forms: common law and civil code. U. s. began with english common law system but became a mix over time. Exception = louisiana, which evolved from french legal system --> civil code emphasized. Based on stare decisis: like cases should be decided alike. Cases decided on the facts --> new facts = new law. Lawyers" job rests on proving laws are same(on point) or different as other case. As a result, supreme court decisions are usually much narrower than people think. Ex: sued dean fiedler for saying he"s on steroids. Factual questions = did he say it?, etc. Legal questions = does it matter if it was true?, etc. Judge"s job is to determine the law; jury"s job is to determine the facts. Judge determines what the jury must prove to convict someone. Jury decides if this burden of proof has been met. Two ways to get rid of a juror:
