Distinguishing Schools of Jurisprudence

There are five theories or schools of jurisprudence one may choose to follow when applying the law to a case. In this activity you will look at the case presented below and identify and explain the theory of jurisprudence that the judge is following as they make their decision.
CONCEPT REVIEW:
You will need to understand the five different forms of jurisprudence which are:
-Natural Law
-Positive Law
-Historical School
-Sociological Jurisprudence
-Legal Realism
Comprehension Case

Distinguishing Schools of Jurisprudence
Read the case below and answer the questions that follow.
There are five theories or schools of jurisprudence one may choose to follow when applying the law to a case. In this activity you will look at the case presented below and identify and explain the theory of jurisprudence that the judge is following as they make their decision.
Arizona has passed a state statute authorizing law enforcement officers and legal administrative personnel to determine the legality of an individual’s right to be in the United States (citizenship and immigration status) when stopped for a traffic violation or otherwise arrested for a crime. This law was passed in response to an increasing migrating of illegal immigrants entering the state over the past several years. Arizona attributes the influx of illegal immigrants to a rise in crime and an increased unemployment rate amongst residents of the state. Assume that statistics show that the percentage of traffic stops regarding Hispanics and other minorities has risen significantly since the passage of the law. Further assume that the percentage of Caucasian drivers and criminal defendants checked under the law is a significantly lower percentage as compared to Hispanics, Blacks, and other minorities.
Five Hispanic men were stopped for a broken tail light and brought to the local police station while their identities and status to be in America was checked. This took twelve hours and all five men were found to be naturalized citizens. They have sued Arizona alleging false arrest, violation of their constitutional rights, and other various civil and criminal violations. A motion has been made by the state of Arizona to dismiss the case.

Judge Rapinoe has found for the state. She recognizes that the law is questionable with regard to its legality but believes that in contemporary Arizona, laws that infringe on gray areas between legality and illegality should be supported if they effectively address true societal problems that have recently arisen and need to be addressed. Which school of jurisprudence does Judge Rapinoe most clearly adhere to
Justice Solo finds for the state because she believes that it is the state legislatures right and duty to establish state law and policy. She does not believe that anything should supersede the acts of the state government. Which school of jurisprudence does Judge Solo most clearly adhere to
Judge Kreiger finds for the plaintiffs. While she understands the state’s goals in establishing the law in question and recognizes the long established rights to liberty espoused in the Constitution, she bases her decision on the belief that it is immoral to treat people differently simply because they look or act differently than the majority in power and that the law should reflect common and generally understood moral principles. Which school of jurisprudence does Judge Rampone most clearly adhere to

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