By Lawrence Meir Friedman
This paintings presents an creation to the yank criminal process for a extensive readership. Its concentration is on legislations in perform, at the position of the legislation in American society; and the way the social context impacts the dwelling legislations of the United States
summary: This paintings offers an advent to the yankee felony procedure 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 legislation of the USA
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Extra resources for American law: an introduction
If we turn to private law, we also find examples of both formality and informality. Grievance committees in industry sometimes look a lot like courts, may be quite elaborate procedurally, and may even behave like courts. Formal procedures abound in other big institutions. ” In some schools or universities, a student may even have the right to “appeal” a C grade in a course and get the grade reviewed at a higher level. In case of serious infractions—for example, if a student is accused of cheating on an exam—the student will certainly have the right to some sort of formal process, and may even have the right to bring a lawyer to the hearing.
The principles were found in case law—in the body of opinions written by judges, and developed by judges in the course of deciding particular cases. The doctrine of “precedent”—the maxim that a judge is bound in some way by what has already been decided—is strictly a common-law doctrine. The common law also has its own peculiar features of substance, structure, and culture—some important and basic, some less so. For example, the jury is a common-law institution. So is the 15 What Is a Legal System?
We can also draw a line between legitimate and illegitimate processes. Usually, a system is not illegitimate just because it is informal or private; nor is there anything illegitimate about the formal private systems (like the work of the Chinese Consolidated Benevolent Association or a university hearing about alleged cheating on a test). The informal part of the public system is a more complicated story. Some aspects of it are illegitimate, or downright illegal. It is a basic fact about the American legal system (and the legal systems in other modern countries) that the way the system is described, on paper, its official form, does not tell us how it actually works in real life.
American law: an introduction by Lawrence Meir Friedman