Download American law: an introduction by Lawrence Meir Friedman PDF

By Lawrence Meir Friedman

ISBN-10: 019046058X

ISBN-13: 9780190460587

ISBN-10: 0190460628

ISBN-13: 9780190460624

This paintings offers an advent to the yankee felony approach for a extensive readership. Its concentration is on legislation in perform, at the function of the legislations in American society; and the way the social context impacts the residing legislations of the United States

summary: This paintings offers an creation to the yank felony approach for a large readership. Its concentration is on legislations in perform, at the function of the legislations in American society; and the way the social context impacts the residing legislations of the us

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The government plays no part in the process. This does not mean, of course, that the formal, official legal system had nothing to do with the development of these procedures. Quite the contrary is true. These inside procedures came about, in part, because of outside pressure from court decisions, for example. Indeed, the support of the courts has been a crucial factor in the rise of “due process” in schools. S. Supreme Court, the highest court in the land, decided that a high school student could not be suspended from school without some sort of hearing, if the student wanted one.

The civil-​law system was described above as the dominant system in Western Europe. No mention was made of Eastern Europe, which is a rather difficult area for purposes of classification. During the period when the Soviet Union dominated Eastern Europe, some scholars felt that the socialist countries were distinctive enough to make up a separate family of legal systems. Other scholars were not so sure; the Soviet Union and its satellites had close ties with the civil-​law systems, and despite the revolutions and one-​party rule, there were strong resemblances in many details to the legal systems of Western Europe.

The “rent-​a-​judge” system is based on an old, rather murky state law, which was rediscovered and put to modern use in the late 1970s. In the rent-​a-​judge system, parties to a dispute sidestep 24 24 American Law the regular courts; they hire their own judges (actual judges who have retired from the bench). These judges resolve the dispute—​privately, but with all the trappings and procedures of a regular trial. The results are treated as binding on both sides. 11 One company, JAMS (formerly the Judicial Arbitration and Mediation Services), is the largest provider of rent-​a-​judge services.

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