MMC 4200 Lecture Notes - Lecture 2: Roscoe Pound, Overbreadth Doctrine, Statutory Law
18 Sep 2015
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Example: lowering bac from . 1 to . 08 might lower the amount that people drink because they don"t want the consequences: body of systematized predication. If we know that the law is we can predict the outcomes from our behaviors. Criminal state or fed govt that is prosecuting. More likely than not that the defendant was guilty. Criminal guilt means defendant lost the case. Civil liable means defendant lost the case. 5 sources of law: common law develops over time; inductive system that evolves over time from principles that come out of previous court decisions. Lawrence v. texas (2003) struck down decision from a case called bowers v. hardwick (1986) where the sc upheld a decision of a ga court prohibiting sodomy as an effort to guard public morality (discriminatory toward homosexuals) Texas had similar statute but the values of society changed toward gays in the time following the bowers: hardwick case.
