Author Question: List the four basic theories of law (jurisprudence) in the order that you think they apply to the ... (Read 66 times)

Mollykgkg · **on:** Jun 24, 2018

List the four basic theories of law (jurisprudence) in the order that you think they apply to the federal system of government in the United States (from greatest impact to least). Justify your order.

Question 2

Why are legal remedies not always adequate? What advantages do equitable remedies provide?

covalentbond · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Student answers may vary. As long as the justification is reasonable, consider accepting any order. One suggested order with justification is as follows:
1. Greatest impact: Positive Law (Power Theory), because most of our law is either passed by the elected officials as statutory law or common law that comes out of the judicial system. In either case, it is determined by people in authority.

2. Justice Theory: Many individuals in the United States value freedom and equal opportunity above almost everything else. This idea is bedrock to the American identity.

3. Order Theory: many laws are justified based on the outcome. For example, we have speed limit laws primarily to keep motorists moving safely and in an orderly fashion.

4. Natural Law: While most Americans recognize certain universal values such as bravery, truth, and justice, the government is more impacted by ensuring equality and tolerance than in abiding by the standards of a higher power. Many individuals in the United States adhere to these standards personally, but the government itself strives to be neutral in these beliefs.

Answer to Question 2

Legal remedies are typically monetary damages only. While money is valuable to everyone, sometimes a breach of contract causes damage that can only be undone by specific performance. For example, when a contract for the sale of a piece of land is breached, money may not replace the lost opportunities. Also, there are situations where an equitable remedy of a court ordered injunction is the only way to prevent harm. For example, if someone is illegally using another's trademark symbol, monetary damages are not adequate to correct this damage. The courts will typically issue an order for the infringer to stop the illegal activity.