Jurisprudence: Legal Philosophy and Judicial Decisions

• Law are enforceable rules that govern relationships among individuals and their government
• Law guides social conduct and involves plaintiffs and defendants in litigation
• Law can be found in unwritten principles (Common Law), written rules (Statutes), and court decisions (Case Law)
• Jurisprudence is the study of law, including different schools of legal thought

Legal Philosophy & Judges

• Legal philosophy is significant in how judges apply law to disputes
• A judge's philosophical approach to applying the law is a subject of jurisprudence
• A judge is influenced by their legal philosophy
• Judges interpret and apply the law to a given set of facts; they do not make law
• Judges have flexibility in interpreting and applying the law leading to different conclusions from the same facts

Factors Influencing a Judge's Decision

• Personality
• Values
• Intellect
• Politics
• Legal philosophy

Schools of Jurisprudential Thought: Naturalist School

• There is a higher universal law (Natural Rights) that applies to all mankind
• Absolute right and wrong exist, and any conflicting law is not law at all
• Moral principles inherent in human nature (Natural Laws)
• Includes unwritten law
• An ideal state of being exists
• Unjust laws do not need to be obeyed
• Government and legal systems should reflect universal moral and ethical principles
• Applies to all mankind, endowed at birth or by society Includes:
• Safety
• Healthy food and water
• Healthcare

Schools of Jurisprudential Thought: Positivist School

• The written law of a society at a given time applies only to that nation
• There is no higher law than the nation's positive law
• Human rights are provided by law with no connection between law and morality
• Whether a law is bad or good is irrelevant; it must be obeyed until changed by a legislative body
• Not rooted in morality, but by a legitimate legislative body

Schools of Jurisprudential Thought: Historical School

• Law has evolved over time, so understanding the past is important in determining what law should be today
• Legal doctrines that have withstood the passage of time should shape present law

Schools of Jurisprudential Thought: Legal Realism (Sociological School)

• Law is shaped by social forces and needs, not historical concepts, as a means to a social end
• Law is shaped by economic needs and realities and therefore cannot be applied uniformly

Crimes Against Humanity/Nuremberg Trials

• The trials questioned the idea of whether actions such as murder, enslavement, or ownership of another human being are permissible based on race, color, gender, or national origin
• Ruled to be highly immoral even if it was the law of the land

Tension in the Law

• Stability vs. providing an opportunity for change

Function of the Law

• Maintain stability and allow for change, providing order through a complex system of moral/ethical conduct

Primary Sources of American Law Include

• Federal and state constitutions
• Statutes (federal and state)
• Administrative Law (rules, orders, and decisions of administrative agencies)
• Case Law and Common Law
• American law based on old English Common Law involves interpretations of statutes and constitutional provisions
• No law can conflict with the US Constitution
• No state statute can conflict with the State Constitution or a federal statute
• No executive can enforce a law or regulation violating the US Constitution

Common Law

• Judge-made law-case law
• A body of general rules that prescribe social conduct
• An evolution process developed by judges and based on social customs
• Attempts to establish a uniform set of customs
• Common law aided in the evolution of law
• A form of Jurisprudence developed over time involving negligence, marriage, free speech, criminal matters, and real property

King's Courts/Courts of Law/Remedies at Law

• A forum for uniform justice according to local customs and general rules of conduct
• Remedies can be sought out by those suffering harm, including money damages, goods, land, tangibles
• What evolved was the beginning of common law
• Problem: When money was an insufficient remedy, the court of law could do nothing, “NO REMEDY, NO RIGHT” and remedies were limited to damages ($).

Chancery Courts/Courts of Equity/Remedies at Equity

• Founded on notions of justice and fair dealing
• Decided by a counselor to the king-Chancellor
• Had unique remedies unlike money damages-extraordinary relief
• Court ordering a party to:
  • Injunction-stop engaging in certain activities
  • Specific Performance-perform under the terms of an agreement
  • Rescission-cancellation of a contract obligation
  • Reformation-change the terms of a writing Contract/Deed)
  • Accounting-provide an account of financial activities
• Courts will not provide an equitable remedy if money damages is a sufficient remedy

Equitable Maxims

• General statements of equitable rules
  • Those who seek equity must do equity-be fair yourself
  • Come to court with clean hands-you have done no harm
  • Equity regards substance over form
  • Equity aids the vigilant
  • Laches
  • Statute of Limitations-time period for filing a lawsuit if violated plaintiff is barred from pursuing a claim

Procedural Differences Between Law and Equity

• Plaintiff/Petitioner vs. Defendant/Respondent
• Court trial vs. Jury trial
• Two different courts vs. one court
• Today one court hears both Law and Equity claims and can provide both remedies in the same action

Doctrine of Stare Decisis

• Common Law-Judges decided controversies
• Judges attempted to be consistent—Find a similar case and Rule accordingly unless an overwhelming reason not to
• Therefore relied on precedent-basing rulings on earlier decisions, serving as a basis for present decision
• No formal documentation on rulings then Year Books and today reporting decisions in reporter systems
• This practice of deciding new cases on precedent became the doctrine of STARE DECISES
• Judges are obligated to follow precedent in their jurisdiction to avoid arbitrary ruling
• SD is fundamental to the development of our legal tradition providing legal authority for deciding subsequent cases
• Binding authority-court must follow-statutes/Constitutions/Previous court decisions

Function of Stare Decisis

• Efficiency in the court system
• Uniformity in applying the law
• Consistency in applying the law
• Stability in the social and business practices
• Predictability of the law

When a Court Can Depart from Precedent

• Cases of first impression
• Precedent is incorrect
• Social changes
• Changes in technology
• Must have a compelling reason

Legal Reasoning

• Applied by judges and briefing cases: -Issue-Legal, not factual -Rule of law that applies (Statute/regulation...) -Analysis-How does the rule apply to the facts -Conclusion

Classification of Law

• Substantive vs. Procedural
  • Define, describe, create rights vs. methods of enforcement
• Civil vs. Criminal
  • Civil-duties existing between individuals with individuals, governments, business entities, and remedies sought in law and/or equity
  • Criminal-wrongs committed against public policy as a whole acts that shock the conscious of society
• Finding Law
  • US Code
  • State Code
  • Administrative rules
  • Federal and State court decisions in reporter systems
  • Judge Written Opinions - Court's reasoning in deciding cases

Judicial Review

• Check on other 2 branches of government -Judicial Function-Interpret and apply law -Both federal and state courts exercise the power to determine the constitutionally of an act of the other two branches of government -Power of the courts to act as the final authority on the constitutionally of an act by the legislative or executive branch conferred to itself by MARBURY VS. MADISON (1803)

Beginning a Lawsuit

• Before a court can hear a case it must have jurisdiction

Jurisdiction

• Specifically, over the defendant or thing as well as over the type of case to be heard
• In Personam Jurisdiction- Jurisdiction over the person - The power of the court to making a ruling that is binding on the defendant because the defendant is properly before the court
• In Rem Jurisdiction- The court has the power to make a ruling that is binding on a defendant because the ruling is regarding property within the court's boundaries in which the defendant
• Acts That Serve as a Basis for Court in Personam Jurisdiction
  • A defendant resides in the geographic area where the court is located (County or State)
  • Transacting business or entering into a contract in the geographic area where the court is located
  • Tortious act committed in the location of the court's jurisdiction
  • Tortious act outside of geographic area causing harm in the location of the court's jurisdiction
  • Corporations incorporated in or doing business in area
  • Own property in the area - In Rem
  • Matrimonial domicile
  • Parties can agree in contract to jurisdiction

Long Arm Statutes

• A court asserting in personam jurisdiction over an out-of-state resident-defendant must have a sufficient connection to the state attempting to assert jurisdiction
• The defendant must have sufficient or minimum contacts with the state/area before a court can assert in personam jurisdiction
• Is it fair to require an out-of-state resident to answer in a court's location/area where the defendant is not a resident
• See acts above that serve as a basis of jurisdiction

Subject Matter Jurisdiction

• The types of cases the court has the power to hear
  • Generally established by constitutional authority or by statute
  • Limitations on what types of cases courts can hear disputes on
  • The ability of a court to hear certain cases
• General vs. Limited Jurisdiction
  • General - court can hear cases with a broad array of issues
  • Limited - court can only hear certain types of cases depending on the subject of the lawsuit/amount/crime (F/M)
• Original vs. Appellate Jurisdiction
  • Original- case is being heard for the first time.
  • Appellate- review court

Federal and State Court Jurisdiction

• Federal court jurisdiction:
  • limited by the US Constitution
  • district courts, circuit courts (13), supreme court
  • writ of certiorari - Rule of 4 - order to send case to USSC
• State court jurisdiction:
  • State statutes, civil disputes, criminal prosecutions
  • trial courts/appellate courts/supreme court

Explore the role of legal philosophy in judicial decision-making. Understand how judges interpret and apply laws, influenced by factors like personality, values, and jurisprudential schools of thought. The naturalist school and its impact on legal interpretation are also examined.