Study sets matching "law and society"

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Study sets matching "law and society"

Law and society
Brown vs. board of education of Topeka…
Firman vs. Georgia (1972)
Gibbons vs. ogden (1824)
Gideon vs. wainwright (1963)
Ended segregation in public schools.
8th amendment ... made states rewrite death penalty statutes
Article 1, section 8 ... Strengthened the federal governments po…
6th amendment ... A lawyer must be provided for anyone facing a…
Brown vs. board of education of Topeka…
Ended segregation in public schools.
Firman vs. Georgia (1972)
8th amendment ... made states rewrite death penalty statutes
Law and Society
Brown vs. Board of Education of Topeka…
Furman vs. Georgia (1972)
Gibbons vs. Ogden (1824)
Gideon vs. Wainwright (1963)
14th Amendment. Ended segregation in public schools.
8th Amendment. Made states re-write death penalty statutes.
Article 1, Section 8. Strengthened the federal governments po…
6th Amendment. A lawyer must be provided for anyone facing a…
Brown vs. Board of Education of Topeka…
14th Amendment. Ended segregation in public schools.
Furman vs. Georgia (1972)
8th Amendment. Made states re-write death penalty statutes.
31 terms
Law and Society
Access
Adversarial system
Anarchy
Appeal
Equal opportunity for all people to make use of the legal sys…
System in which two opposing parties present their arguments…
Disorder or confusion due to the absence of government or laws
An application for a legal decision to be reviewed in a highe…
Access
Equal opportunity for all people to make use of the legal sys…
Adversarial system
System in which two opposing parties present their arguments…
234 terms
Law and society
Tort
3 elements of tort
What is an "appropriate relationship"…
Tort damages
Legal wrong
Wrong, harm, an appropriate relationship between the injurers…
There must be a duty of car to the victim
-compensatory... -nominal... -punitive
Tort
Legal wrong
3 elements of tort
Wrong, harm, an appropriate relationship between the injurers…
5 terms
Law and society
Balance of probabilities
Balance of reasonable doubt
Common law
Anarchy
The standard of proof in civil trials
The standard of proof in criminal trials
System of laws based on the previous decisions of judges or p…
Disorder or confusion due to the absence of government or laws
Balance of probabilities
The standard of proof in civil trials
Balance of reasonable doubt
The standard of proof in criminal trials
23 terms
Law And Society
Law
Statutes
Common Law
Constitutions
a law is a rule of conduct commanding what is right and prohi…
laws made by legislative bodies
common law is the law as pronounced in court decisions
are documents that establish boundaries, beyond which no law…
Law
a law is a rule of conduct commanding what is right and prohi…
Statutes
laws made by legislative bodies
23 terms
Law & Society Ch 7
Adversarial model
Consensus model
Crime control model
Discretion
two opposing lawyers zealously represent his or her client in…
when defense attorneys and prosecutors cooperate in the dispo…
an emphasis on the swift and certain disposition of criminal…
a decision-maker exercises choice
Adversarial model
two opposing lawyers zealously represent his or her client in…
Consensus model
when defense attorneys and prosecutors cooperate in the dispo…
law and society
law
statutes
ordinance
common law
rule of conduct commanding what is right or prohibiting what…
a law made by a legislative body
when a legislative body governs an area smaller in size than…
the law pronounced in court decisions
law
rule of conduct commanding what is right or prohibiting what…
statutes
a law made by a legislative body
25 terms
Law and Society
Buck v. Bell... (Civil)
Griswold v. Connecticut... (Civil)
Lawrence v. Texas (Civil)
Roe v. Wade (Civil)
• Carrie Buck was a mentally ill woman who was sterilized ... •…
• It doesn't apply just to medical personal, it applies to ev…
• Unwanted intrusion where two men were having sexual relatio…
• Class act against Texas, concerning abortion ... • 3 arguments…
Buck v. Bell... (Civil)
• Carrie Buck was a mentally ill woman who was sterilized ... •…
Griswold v. Connecticut... (Civil)
• It doesn't apply just to medical personal, it applies to ev…
Law and society
Law
Statutes
Ordinances
Common law
Rule of conduct comanding what is right or prohitbiting what…
A law made by a legislative body
When a legislative body governs an area smaller in size than…
The law as pronounced in court decisions
Law
Rule of conduct comanding what is right or prohitbiting what…
Statutes
A law made by a legislative body
31 terms
Law and society
Access
adversarial system
anarchy
appeal
equal opportunity for all people to make use of the legal sys…
system in which two opposing parties present their arguments…
disorder or confusion due to the absence of government or laws
an application for a legal decision to be reviewed in a highe…
Access
equal opportunity for all people to make use of the legal sys…
adversarial system
system in which two opposing parties present their arguments…
10 terms
Law and society
Meditation
Civil law
Jury
Natural justice
Using a neutral third party to help resolve a legal dispute b…
Laws that govern the legal relationship between individuals a…
A group of people chosen randomly from the community to deter…
The right to be treated fairly in legal matters
Meditation
Using a neutral third party to help resolve a legal dispute b…
Civil law
Laws that govern the legal relationship between individuals a…
Law and society
Law
Statutes
Common law
Stare decisis
A law is a rule of conduct, commanding what is right or prohi…
A law made by a legislature body (called ordinance if made by…
The law as pronounced in cpurt decision
This doctrine says courts decide similar factual situations s…
Law
A law is a rule of conduct, commanding what is right or prohi…
Statutes
A law made by a legislature body (called ordinance if made by…
Law and Society
Access
Adversarial system
Anarchy
Appeal
Equal opportunity for all people to make use of the legal sys…
System in which two opposing parties present their arguments…
Disorder or confusion due to the absence of government or laws
An application for a legal decision to be reviewed in a highe…
Access
Equal opportunity for all people to make use of the legal sys…
Adversarial system
System in which two opposing parties present their arguments…
29 terms
Law and Society
Common law
Civil law
Case law
Judicial opinions
The body of law that originated in england; allows for law to…
Concerned with private relations within members of a communit…
Simply reported judicial opinions
Facts... Issues... Rules... Reasons
Common law
The body of law that originated in england; allows for law to…
Civil law
Concerned with private relations within members of a communit…
Law and society
Establish
Fringed
Affirmation
Disparage
To insitute
Violates law or the rights of another
The act of an instance of affirming
To speak of or treat slightly
Establish
To insitute
Fringed
Violates law or the rights of another
Law and society
access
adversial system
anarchy
bail
equal opportunity for all people to make use of the legal sys…
system in which two opposing parties present their arguments…
disorder or confusion due to the absence of government or laws
to release an accused person who is awaiting trial
access
equal opportunity for all people to make use of the legal sys…
adversial system
system in which two opposing parties present their arguments…
31 terms
Law and Society
Police Power
Commerce Clause
US. vs. Lopez
Necessary and Proper Clause
Power to protect/maintain health, safety, and morality of the…
Regulated trade between countries and state lines (gives fede…
Gun free school act-tied it back to interstate commerce. Cour…
"Implied powers" Things not in the constitution, but necessar…
Police Power
Power to protect/maintain health, safety, and morality of the…
Commerce Clause
Regulated trade between countries and state lines (gives fede…
25 terms
Law and Society
Brown vs. Board of Education
Furman vs. Georgia
Gibbons vs. Ogden
Gitlow vs. New York
14th amendment and ended segregation in public schools
Eighth amendment and made states rewrite the death penalty
Article 1 section 8 of the court strengthen the power of the…
First Amendment freedom to say what they wanted
Brown vs. Board of Education
14th amendment and ended segregation in public schools
Furman vs. Georgia
Eighth amendment and made states rewrite the death penalty
62 terms
Society and law
rationalistic
functionalist
conflict
Moral Entrepreneur
doesn't look at why laws are harmful
how laws emerge (how society acts)
unequal access resources that lead to structural conflicts in…
individual groups or formal organizations that seek to influe…
rationalistic
doesn't look at why laws are harmful
functionalist
how laws emerge (how society acts)
Law and society
Rational choice theory
Social disorganization theory
Strain Theory
Social learning theory
People act in self interest and make decisions to commit a cr…
Environment in which people live is primarily responsible for…
People don't have the same opportunities. When they cant achi…
People you hang out with influence you
Rational choice theory
People act in self interest and make decisions to commit a cr…
Social disorganization theory
Environment in which people live is primarily responsible for…
13 terms
Law and Society
Used to suppress unemployed workers in…
Two triers of fact
Two major initiators of legal change
Law that is autonomous from the state…
Tramp Acts
Judge and Jury
Social reform group and Legislators
Legal Order
Used to suppress unemployed workers in…
Tramp Acts
Two triers of fact
Judge and Jury
8 terms
Society and Law
Durkheim
Durkheim on crime
Durkheim weaknesses
Habermas
Social solidarity holds us together - conscious collective is…
crime is important and inevitable - holds us together: cycle…
his description of the base (organic and mechanical societies…
law is the way we talk to each other - law combines factivity…
Durkheim
Social solidarity holds us together - conscious collective is…
Durkheim on crime
crime is important and inevitable - holds us together: cycle…
19 terms
law and society
Cardozo (1924)
Holmes (1897)
Max Weber
Donald Black
A principle of rule of conduct so established as to justify a…
The prophecies of what the courts will do in fact, and nothin…
"An order will be called a law if it is externally guaranteed…
Law is essentially governmental social control. "law is the n…
Cardozo (1924)
A principle of rule of conduct so established as to justify a…
Holmes (1897)
The prophecies of what the courts will do in fact, and nothin…
Law and Society
Access
Adversarial System
Anarchy
Appeal
Equal opportunity for all people to make use of the legal sys…
Two opposing parties present their arguments to a judge or ma…
No laws
An application for a legal decision to be reviewed in a highe…
Access
Equal opportunity for all people to make use of the legal sys…
Adversarial System
Two opposing parties present their arguments to a judge or ma…
6 terms
Law and society
Civil law
criminal law
legal rules
non-legal rules
laws regulating the behaviour of private individuals
laws that involve the rights of individuals but the welfare o…
laws created and enforced by the legal system
rules established within a group but not generally enforceable
Civil law
laws regulating the behaviour of private individuals
criminal law
laws that involve the rights of individuals but the welfare o…
law and society
common law
bigamy
polygamy
consanguinity
a marriage in which no witness are required, the agreement co…
the act of having two spouse at the same time
the act of having more than 2 spouses at a time
persons that are related by blood
common law
a marriage in which no witness are required, the agreement co…
bigamy
the act of having two spouse at the same time
Law and Society
3 functions of constitution
3 Complaints against England in Const.
2 anti-democratic Const. provisions
2 requirements of electoral justice (T…
1. National govt. with separate powers... 2. Divide power betwee…
1. Grievance against monarchy (separation of powers/checks an…
1. Electoral college... 2. Accommodation of slavery (freedom)
1. Electoral legitimacy - rules laid out before hand, all cit…
3 functions of constitution
1. National govt. with separate powers... 2. Divide power betwee…
3 Complaints against England in Const.
1. Grievance against monarchy (separation of powers/checks an…
Law and Society
Lumping it
Avoidance
Coercion
Negotiation
Ignoring the dispute and lumping incident together
Ending relationship that produced the problem or by physicall…
The use of threats or pressure to compel a change in someones…
Discussion between two disputing parties in which they try to…
Lumping it
Ignoring the dispute and lumping incident together
Avoidance
Ending relationship that produced the problem or by physicall…
5 terms
Law and society
Amendment 15
Amendment 19
Amendment 23
Amendment 24
African Americans can vote
Women got the right to vote
Gave district Columbia elect oriole votes but not representat…
Abolish the Poltax
Amendment 15
African Americans can vote
Amendment 19
Women got the right to vote
17 terms
Law in Society
Legal rules
Non-legal rules
Characteristics of an effective law
Main aim of criminal law
laws created by institutions within the legal system and enfo…
apply to select groups in the community. For example, the rul…
Know to the public... Acceptable... Enforceable... Stable... Changeable
to apprehend, prosecute and punish people who have broken the…
Legal rules
laws created by institutions within the legal system and enfo…
Non-legal rules
apply to select groups in the community. For example, the rul…
32 terms
Law and society
The need for laws in society
Four main roles of law
Difference between rules and laws
Aboriginal law
- People would do whatever they liked... - Confusion and chaos w…
1. Establish boundaries (of acceptable behaviour and what won…
- Rules at school have to be obeyed but these apply to the pe…
- legal system based on kinship and based on customs and ritu…
The need for laws in society
- People would do whatever they liked... - Confusion and chaos w…
Four main roles of law
1. Establish boundaries (of acceptable behaviour and what won…
law and society
A _______ bailment is a bailment in wh…
the person who transferred the propert…
the person to whom the property is tra…
property that has no substance and can…
Mutual
bailor
bailee
intangible personal
A _______ bailment is a bailment in wh…
Mutual
the person who transferred the propert…
bailor
18 terms
LAW AND SOCIETY
LAW
CODE
COMMON LAW
POSITIVE LAW
enforceable rules of conduct in a society,typically reflect t…
laws may be grouped into an organized form
law passed on the current standards or customs of the people
law dictated from above in this fashion
LAW
enforceable rules of conduct in a society,typically reflect t…
CODE
laws may be grouped into an organized form
15 terms
Law and Society
Quebec Act, 1774
Legal Positivism
Declaratory Theory
Royal Proclamation, 1763
An act by the British Parliament setting out procedures of go…
The law depends on the facts of its making, and not its merit…
Judges do not make the law; they merely declare what the law…
Provided a basic framework for governance in the British Terr…
Quebec Act, 1774
An act by the British Parliament setting out procedures of go…
Legal Positivism
The law depends on the facts of its making, and not its merit…
Law and Society
grand larceny
forgery
involuntary manslaughter
voluntary manslaughter
taking property of high value
offering someone a document that has been altered in any way
based on negligence
provoked by the victim in the heat of the moment
grand larceny
taking property of high value
forgery
offering someone a document that has been altered in any way
18 terms
Law and Society
Laws
Code
Common law
Positive Law
Enforcable rules of conduct in society
Laws grouped into an organized form
Law based on current standards or customs of the people
Law based on the dictates of a central political authority
Laws
Enforcable rules of conduct in society
Code
Laws grouped into an organized form
22 terms
Law and Society
Access
Adversarial System
Anarchy
Appeal
Equal opportunity for all people to make use of the legal sys…
System in which two opposing parties present their arguments…
disorder or confusion due to absence of government or laws
An application for a legal decision to be reviewed in a highe…
Access
Equal opportunity for all people to make use of the legal sys…
Adversarial System
System in which two opposing parties present their arguments…
Law and Society
449 B.C
1750
1601 Elizabethan Poor Laws
1824
A mention of the mentally disabled in the Twelve Tables relat…
An Act for Relieving, and Ordering of Idiots, Impotent, Distr…
The disabled poor were placed in the group labeled "helpless…
New York passed a law requiring the establishment of poorhous…
449 B.C
A mention of the mentally disabled in the Twelve Tables relat…
1750
An Act for Relieving, and Ordering of Idiots, Impotent, Distr…
Law and Society
Access
Adversarial system
Anarchy
Appeal
equal opportunity for all people to make use of the legal sys…
system in which two opposing parties present their arguments…
disorder or confusion due to the absence of government or laws
an application for a legal decision to be reviewed in a highe…
Access
equal opportunity for all people to make use of the legal sys…
Adversarial system
system in which two opposing parties present their arguments…
45 terms
law and society
Law and society movement
Law on books
Law in action
Meaning of &
Intellectual movement concerned with the difference between i…
What the actual verbiage of the law is
How the law is enacted and executed in the real world
Variable with different meanings, inversion of society in the…
Law and society movement
Intellectual movement concerned with the difference between i…
Law on books
What the actual verbiage of the law is
Law and Society
contract
six elements of a contract.
offer
acceptance
is any agreement enforceable by law.... Not all agreements are c…
Offer, acceptance, genuine agreement, consideration, capacity…
is a proposal by one party to another intended to create a le…
is the second party's unqualified willingness to go along wit…
contract
is any agreement enforceable by law.... Not all agreements are c…
six elements of a contract.
Offer, acceptance, genuine agreement, consideration, capacity…
25 terms
Law and society
Defamation
Libel
Slander
Tinker case
The action of damaging the good reputation of someone; slande…
A written defamation
Verbal defamation
Defined the constitutional rights of students in the U.S publ…
Defamation
The action of damaging the good reputation of someone; slande…
Libel
A written defamation
48 terms
law and society
jurisprudence
sociology of law
law as a game
normative system
the study of legal doctrine, legal philosophy, and the practi…
using empirical data to describe and explain the behavior of…
set of procedures for settling disputes
study of what law should look like (is affirmative action con…
jurisprudence
the study of legal doctrine, legal philosophy, and the practi…
sociology of law
using empirical data to describe and explain the behavior of…
10 terms
Law and society
Legal advisers
politician
the court structure
high court
specialists in law
makes the laws
High court ... supreme ... district ... local
Has 7 judges in total. This court hear cases on issues within…
Legal advisers
specialists in law
politician
makes the laws
28 terms
Law and Society
originalism
modernism
criminal law
judicial review
the framers meant what they said in the Constitution and it s…
the Constitution can change due to the fact that the circumst…
law that deals with crimes and their prosecution
power of the supreme court to determine the actions by offici…
originalism
the framers meant what they said in the Constitution and it s…
modernism
the Constitution can change due to the fact that the circumst…
118 terms
Law and society
Who passes a statute
Scenario with Native American council…
What was the intention when writing ca…
____ are higher cts that ppl who lose…
State legislature/ congress
?
Rules should be clear to everyone. Ppl understand the law,
Appellate cts
Who passes a statute
State legislature/ congress
Scenario with Native American council…
?
44 terms
Law and Society
Jurisprudence
Law
Goals of the legal system
Criminal laws
philosophy of law
A body of enforceable rules governing relationships among ind…
Fairness, human rights, resolve conflicts, keep order, protec…
set up to protect the public from the harmful acts of others
Jurisprudence
philosophy of law
Law
A body of enforceable rules governing relationships among ind…
Law and Society
Law
Statutes
Ordinances
Common Law
a rule of conduct commanding what is right, or, prohibiting w…
a law made by a legislative body
the name of laws where the legislative body governs an area s…
the law as pronounced in court
Law
a rule of conduct commanding what is right, or, prohibiting w…
Statutes
a law made by a legislative body
Law and society
Law
Values
Dysfunctions of Law
Torts
Government social control
Core beliefs about what is moral/immoral, good/bad, acceptabl…
Harassment, Bias, Repression, Rigidity, Precedent, unequal ac…
Personal injuries
Law
Government social control
Values
Core beliefs about what is moral/immoral, good/bad, acceptabl…
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