ADJUS-120 Lecture Notes - Lecture 4: Adversarial System, Roman Law, Commerce Clause

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-120
• Professor: Gaines

Document Summary

Common law (uncodified) v. civil law (codified) Common law no comprehensive compilation of legal rules and statutes; reliant on precedent; judges have large role in shaping american and british law; functions an adversarial system (contest between 2 parties and a moderating judge) A brief survey of the development of the adversary system. Intro to the legal system of the us (43-68) Role of state courts v. federal courts. Removal = removing the case from the state court and federal court. Standing = courts will hear cases and controversies. Persuasive = can cite a case decision in a brief, and can also bring in other states as reference points. Functional/structural thinking about the whole system as it is meant to function. Doctrinal looking at past cases and their outcomes. Prudential what makes sense, what works best. Making sure all people involved are put in the same situation. Natural religious based inquiry; gone by the wayside .