the Common Law Legal System

the Common Law Legal System
13. What is the Common Law Legal System? What is the primary source of law used in deciding cases in the Common Law Legal System? Why do “court decisions” play a prominent role in applying statutes in deciding cases? Hint-diversity, cases before statutes and interpretation?
Common Law Legal System is the last and the newest legal system. It originates from Great Britain. In this system, judge follows local custom practices. People use case law to clarify an understanding in legal theory.
Case laws play a prominent role in the common law legal system because it’s basically the main “ingredient” of the system. Some reasons include:
1. It promotes and reflects what the social justices are.
2. It makes the system predictable and consistent.
3. It establishes rules of procedure used by the courts to guarantee fairness in reaching a decision.
In the common law legal system the source of the law is case law. Common Law is a system where laws are made and applied by judges as they decide on a cases not governed by statues or other types of law. There is no long process to make the decision a law so many mistakes can be made. In the United States we use common law for many reasons. For one reason is the ambiguity of the English Language, English heritage-De Bracton-Of Customs and Laws, Diversity, Distance, Accommodate Local Customs and Practices.

14. In general, discuss the elements of “LAW”.
Law reflects culture in that it reflects what people believe to be right or wrong. Law is codified, which is a process of direct democracy. Law also provides a source of control because it is enforced and accepted. It maintains peace and promotes ethical standards in a society.

15. What was the original intent of the “Bill of Rights”? Which provisions of the “Bill of Rights” have not been incorporated into the “Due Process Clause” of the 14th Amendment.
The Bill of Rights was written to protect the natural rights and individual freedoms of the people. It originally only applied to the federal government, but the Due Process Clause made most provisions applicable to state and local governments. The provisions that have not been incorporated are the right to indictment by a grand jury, the right to a jury selected from residents of the state and district where the crime occurred, right to jury trial in civil cases, and protections against excessive fines.

16. In terms of “indirect democracy”, discuss the process by which an “idea” is converted into a code.
A code starts off as an idea, then the legislative branch decides to sponsor it and it becomes a bill, which goes into a committee system. After that it goes through many different bill changes until one is chosen. Then it goes to the governor once he signs it becomes a statue. Then it becomes a code.
Name: Yuchen LI
Question: 17-25

17. What is the purpose of Article 1, section 8? Discuss at least four provisions of Article 1, section 8.
1. Introduce bilateral contract, (a promise for a promise): There has been a mutual exchange of something of value
2. Compare the unilateral contract with bilateral contract : In a unilateral contract (a promise for an act), one party’s consideration is the promise and the other party’s consideration is the act
3. Introduce Promissory estoppel: exception to the rule requiring consideration is promissory estoppel. Promissory estop- pel occurs when one party makes a promise knowing the other party will rely on it, the other party does rely on it, and the only way to avoid injustice is to enforce the promise.
4. The function of Promissory estoppel, Promissory estoppel is not awarded regularly, but in the right case it can provide a remedy where no other remedy exists.

18. Discuss the functions of law in a legal system.
I’ve tried my best to summary, but still can’t get answer. The following is the basic function of law not involve legal system:
• Keeping the peace
• Shaping moral standards
• Promoting social justice
• Maintaining the status quo
• Facilitating orderly change
• Facilitating planning
• Providing a basis for compromise
• Maximizing individual freedom

19. What is a “Suspect Classification”? Discuss the elements of a “suspect classification”. IHMIE
Classifications only if they are necessary to promote a compelling state interest. In cases involving suspect classifications, courts do not begin their analysis with a pre- sumption that the classification is constitutional, so few laws pass the strict scrutiny standard

Suspect classifications include classifications based on race, national origin, and citizenship. Courts uphold suspect
20. What is the function of Article 1, section 9. Discuss at least four provisions of Article 1, section 9.
1. The limited capacity for minors and the definition of minors is the ability of minors to enter into only voidable contracts and a minor is someone under the age of 18.
2. what situation can the minor be emancipated? typically when the minor moves out of the parents’ house and begins supporting himself or herself or when a minor marries
3. how can minors affirms the contarct? There are no formalities required to disaffirm the contract; the minor need only manifest an intention to rescind the contract, either by words or by actions. Traditionally, most states simply required that the minor notify the competent party of the intent to disaffirm and return to the competent party any consideration received under the contract that was still under the minor’s control, regardless of the condition of the consideration. If the consideration has been destroyed or damaged, the minor returns whatever is left of it, and the other party has no recourse against the minor under most circumstances.
4. What we can learn from it? Such a rule makes sense if you view minors as innocents in need of protection from com- petent adults who would otherwise take advantage of minors. However, the rule is not going to encourage competent parties to enter into contracts with minors, and some observers argue that it allows a knowledgeable and unethical minor to take advantage of a competent party.

21. Discuss the contents of a “complaint”.
• The complaint filed should include the following information:
• The specific claim or personnel matter which is alleged to be discriminatory;
• The date the act or matter occurred;
• The protected basis or bases on which the alleged discrimination occurred;
• Facts and other pertinent information to support the claim(s) of discrimination; and

22. What is “critical thinking”? Discuss the various steps applied for “critical thinking”. Note: SGARROOP-gara
the ability to understand what someone is saying and then to apply a set of evaluative criteria to determine the worth of what was said

• Find the facts.?Facts: Here we are looking for the most basic building blocks in a legal decision or argument.
• Look for the issue. ?Issue: In almost any legal conflict, finding and expressing the issue is an important step in forming our reaction
• Identify the judge’s reasons and conclusion.?Reasons and conclusion: Judges do not form legal conclusions on the basis of whim. They ?have support for their decisions. That support consists of their reasons
• Locate in the decision the rules of law that govern the judge’s reasoning.?Rules of law: Judges cannot offer just any reasoning that they please.
• Apply critical thinking to the reasoning.?Evaluation of the reasoning: A judge’s reasoning, once it has been laid before us by follow- ?ing the steps discussed here, is a message that we may either accept or reject
23. Discuss the appropriate laws applicable to human resources.
ABA – Section of Labor and Employment Law
The Section of Labor and Employment Law is information represent all perspectives of labor and employment law: employer, union, employee, public, and neutral. All are committed to a balanced discussion of employment issues in the United States and abroad.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act is a federal statute of the United States. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The FLSA established a national minimum wage, guaranteed ‘time-and-a-half’ for overtime in certain jobs, and prohibited most employment of minors in “oppressive child labor,” a term that is defined in the statute

24. What is “Substantive Due Process”? Discuss the various methods used to challenge an act of government. IVOCR
Substantive due process refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property.
The Prohibition against Uncompensated Takings The Fifth Amendment provides that when government takes private property for public use, it must pay the owner just compensation, or fair market value, for her property.
The Privilege against Self-Incrimination Although most provisions of the Fifth Amend- ment apply to corporations, corporations do not enjoy the Fifth Amendment’s protection against self-incrimination.
The Right to Privacy The Ninth Amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Equal Protection The Fourteenth Amendment contains the equal protection clause, which pre- vents states from denying “the equal protection of the laws” to any citizen
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