Download An Introduction to the American Legal System by John M. Scheb PDF

By John M. Scheb

An creation to the yankee felony approach is a finished creation to legislations and the criminal method. It explains the evolution of yank legislations, its present buildings and techniques, and examines the most great components of legislation, together with torts, contracts, civil technique, legal legislations and method, and constitutional legislations. even supposing the publication is entire, it's written to be obtainable to scholars who won't have any educational heritage in legislation. The textual content makes use of specified positive factors to damage up capability monotony and have interaction the coed, whereas emphasizing the "nuts and bolts" of the felony approach. each one bankruptcy is by means of "Questions for proposal and dialogue" and a assessment of awarded key words.

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Fundamentally, law protects people and their property. Without law backed by the coercive power of the state, people would have no choice but to protect themselves, their families, their land, and their possessions by force. Law, at least ideally, protects the rights of the weak as well as the strong. Law, Liberty, and Morality Classical liberals like Thomas Jefferson viewed law as a means of protecting not only life and property but also liberty. To the classical liberals, freedom of speech and freedom of religion were as important as the right to own property and to engage in private enterprise.

Yet the original Constitution had little to say about individual rights. Moreover, citizens were already protected against their respective state governments by provisions in their own state constitutions. Still, the Framers found it desirable to enumerate certain particular protections for individual liberty. And Section 10 prohibited state legislatures from interfering with rights and obligations under contracts. Indeed, the desire to protect private contracts from governmental interference was one of the principal motivations of the delegates to the Constitutional Convention.

They believe that the maintenance of societal morality is one of the essential functions of law. A. 7 Although the “debate” between Devlin and Hart took place in Great Britain in the late 1950s and early 1960s, the debate over law and morality continues today. Ultimately, that debate must take place within the context of any legal system that values individual freedom along with social cohesion. 8 The legal system must be capable of enforcing contracts and property claims and must generally provide a predictable climate in which business can take place.

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