In my expertise with native judges, the facts typically determine the outcome of cases rather than the legislation; that’s, I actually have had many situations and instances the place the legislation is stacked on my facet to at least one diploma or another, and my consumer nonetheless acquired an unfavorable end result. Conversely, I found myself scratching my head at outcomes the place I had a disadvantage based on the legislation, but where I achieved a victory for my client primarily based upon favorable facts. In my expertise as a comparatively young lawyer, I have been pissed off at instances that it seems that most trial court judges extra closely resemble authorized realists than legal formalists. I sincerely believe this to be true, however it will not be judges simply preferring one judicial philosophy over the other. Rather, I assume it arises out of practical needs which might be current within the courtrooms of right now.
Tort law deals with the kinds of cases that contain some sort of hurt and or damage between the plaintiff and the defendant when no contract exists. Thus if you are libeled or a competitor lies about your product, your remedy would be in tort, not contract. Most of what we talk about on this guide is constructive legislation””US constructive law particularly. The legal realist college flourished within the Twenties and 1930s as a response to the historic school. Legal realists identified that as a result of life and society are continually … Read More