January 20, 2010

I am not exactly sure how this works. I am just trying things out. Cool, this site may not be so bad afterall.
I do not know if this is the proper page for some notes, but I will post a few here anyway.

Important legal minds.
Oliver Wendell Holmes Jr. Abolishonist who fought in the American Civil War (1861-1865). He was a idealist when he joined the army but came home a realist. Holmes Jr. said that dying for ideals are not worth the ideals gained. He said law should solve the problems but not war.
Legal realist- all Law is is what a Judge says it is.

Precedent
The Common Law Tradition: embodied in precedent & morality of society. (Adapted by the U.S. from the British system.)

Precedent gives an argument, not an answer. It helps out those who have been helped in the past.

Precedent is important and the best way to predict the behavior of judges. There are different ways it can be applied. To best guess which way precedent will be applied look at similar past cases ruled on by the judge or to look to the external environment, such as current trends in society.

I would also say that Precedent helps out judges who don't know how the law applies in some areas. They can use precedent to either make a ruling or use as a resource to explain why they made a certian ruling
See Ronald Dworkin's discussion of precedent in Citizens United.

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