1 / 9

Announcements

Announcements. - Next Wednesday, 4/11, all sections will meet at the Law Library. Outside the building or in the Foyer if it is raining. There will be a required in section exercise to do. . The American Legal System in Comparative Perspective.

galeno
Download Presentation

Announcements

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Announcements - Next Wednesday, 4/11, all sections will meet at the Law Library. Outside the building or in the Foyer if it is raining. There will be a required in section exercise to do.

  2. The American Legal System in Comparative Perspective • The Presidential and Parliamentary Models of Government

  3. (II. Common Law and Civil Law comp., cont.) Are they really that different? A. Legal argumentation approaches - Anglo-American use of precedent - European Continental Judge and code B. Legal argumentation in practice - Continent judge uses past case law - British judge uses precedent to highlight common rule or code

  4. III. Judicial Review and the Common Law (US) and Civil Law Models Compared • Judicial Review 1. American Judicial Review: when judges declare acts of the legislature as unconstitutional 2. Civil law judiciary subordinate to the legislature (no judicial review powers)

  5. (III. Judicial Review compared, cont.) B. Separation of Powers 1. US co-equal branches (exc, leg, jud) empowers judges 2. Civil Law judiciary is not a co-equal branch C. Difference in hierarchy of legal norms - Constitution versus statute at the apex

  6. IV. Distinctive Features of the American Legal System • Decentralized • Common Law Tradition • Adversarial Legalism 1. Large legal profession 2. Citizen Juries D. Individual Rights and Limited Government

More Related