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Study sets matching "law and society"

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Study sets matching "law and society"

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…
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…
21 terms
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
19 terms
Law and Society
Craig v Boren
Strict Scrutiny
Intermediate Scrutiny
Rational Relationship Test
law that establish different drinking ages for men and women
Applied to laws that distinguish people on the basis of race,…
this standard is used to evaluate gender based distinctions.…
: Used on all other cases other than race, color, ethnicity,…
Craig v Boren
law that establish different drinking ages for men and women
Strict Scrutiny
Applied to laws that distinguish people on the basis of race,…
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
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
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
35 terms
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…
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…
21 terms
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…
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
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…
9 terms
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
11 terms
Law and Society
Actus Reus
Mens Rea
Why do we need laws?
Court Hierarchy
Guilty Act... The accused person is proven to have committed the…
Guilty Mind... The accused must have intended to do the crime... In…
No laws = state of anarchy... Establish boundaries... Protection fr…
High Court... Supreme Court... District Court... Local Court
Actus Reus
Guilty Act... The accused person is proven to have committed the…
Mens Rea
Guilty Mind... The accused must have intended to do the crime... In…
36 terms
Law and Society
Political consequences for felon disen…
Basic idea of group threat theory and…
Basics of the 14th Amendment
Basics of the 13th Amendment
The 2000 Presidential Election. 27% of those disenfranchised…
Dominant groups perceive subordinate groups as a threat when…
Clarifies citizenship
Slavery is illegal
Political consequences for felon disen…
The 2000 Presidential Election. 27% of those disenfranchised…
Basic idea of group threat theory and…
Dominant groups perceive subordinate groups as a threat when…
19 terms
Law and Society
Rules
Legal rules
Non-legal rules
To maintain social cohesion
Are guidelines made by the government that are to be followed…
Laws created by institutions within the legal system and enfo…
Rules established within a group but not laws generally enfor…
What is the function of law in society?
Rules
Are guidelines made by the government that are to be followed…
Legal rules
Laws created by institutions within the legal system and enfo…
44 terms
Law and Society
creating a material fact
relevance
laying proper foundation
lack of personal knowledge
when someone makes up a statement
a question that does not pertain to the case
when the attorney asks a witness questions to prove credibili…
question that calls for hearsay testimony or a lay witness op…
creating a material fact
when someone makes up a statement
relevance
a question that does not pertain to the case
49 terms
Law and Society
What is Law and Society
Max Weber
Emile Durkheim
Marx
Intellectual movement concerned with the difference between t…
Interested in transition from feudalism to modern society.…
Believed that solidarity is what keeps societies together.…
Does not think people live in cohesive societies for common r…
What is Law and Society
Intellectual movement concerned with the difference between t…
Max Weber
Interested in transition from feudalism to modern society.…
32 terms
Law and Society
Law
Ordinances
Three Sources of Law
Statutes
A law is a rule of conduct commanding what is right and prohi…
Laws where a legislative body governs an area smaller in size…
1st source of law is statues... 2nd source of law is common law…
Laws made by legislative bodies
Law
A law is a rule of conduct commanding what is right and prohi…
Ordinances
Laws where a legislative body governs an area smaller in size…
18 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…
18 terms
Law and Society
Map V Territory
Stare Decisis
ratio de decidendi
Res Judicita
Maps are liars, maps tell su what to see territory is what we…
Precedent
the reason
Particular Facts
Map V Territory
Maps are liars, maps tell su what to see territory is what we…
Stare Decisis
Precedent
36 terms
Law and society
Burglary
Robbery
Embezzlement
Grand theft auto
Theft of a good with no one present
Theft of good when someone/owner is present
Someone takes money they legally have access to
Steal a car with intent of keeping it
Burglary
Theft of a good with no one present
Robbery
Theft of good when someone/owner is present
22 terms
Law and society
5 basic functions of law
6 things needed for something to be a…
Types of defense
Strict scrutiny
incapacitation... retribution... restitution... rehabilitation... reinteg…
must spell out punishment... actus reas... mens rea... concurrence... cau…
accident/mistake/ignorance... duress... self-defense... entrapment... dim…
requires compelling government interest... used if:... the issue de…
5 basic functions of law
incapacitation... retribution... restitution... rehabilitation... reinteg…
6 things needed for something to be a…
must spell out punishment... actus reas... mens rea... concurrence... cau…
27 terms
Law and Society
Access
Adversarial System
Appeal
Anarchy
equal opportunity for all people to use the legal system
When two opposing parties present their argument to a magistr…
An application for a legal decision to be reviewed by a highe…
Where there is no laws or government, people are free to do a…
Access
equal opportunity for all people to use the legal system
Adversarial System
When two opposing parties present their argument to a magistr…
8 terms
Law and Society
• Trends in school desegregation after…
• What was the constitutional issue in…
Court's reasoning for overturning Plessy
• Reasons for lack of desegregation in…
There was a lot of segregation still going on. Schools especi…
Whether segregation by race violate the Equal protection Clause
Separate is not inherently unequal
Infrastructure: It was difficult to accommodate all the schoo…
• Trends in school desegregation after…
There was a lot of segregation still going on. Schools especi…
• What was the constitutional issue in…
Whether segregation by race violate the Equal protection Clause
14 terms
Law & Society
Civil law
Common law
Substantive law
Procedural law
Influenced by Roman law and collection of codes
Based on case law - relies on precedents set by judges for de…
...
...
Civil law
Influenced by Roman law and collection of codes
Common law
Based on case law - relies on precedents set by judges for de…
10 terms
Law & society
Negotiation
The three basic views of law
Value/consensus
Rational/contract
A specific mechanism closely associated with a contractual co…
Value/consensus, rational/ contract, power/coercion
Has three separate views which all involve the formalization…
Based on contract, this view is based on the belief that huma…
Negotiation
A specific mechanism closely associated with a contractual co…
The three basic views of law
Value/consensus, rational/ contract, power/coercion
24 terms
LAW AND SOCIETY
Functions of Law
Disfunctions of Law
Natural Law (classical law)
Aristotle
Social Control, Dispute resolution, Social Change, Record Kee…
Harassment, Bias, Repression, Rigidity, Precedent, unequal ac…
Human reason/central organizations are neutral
Classical thinker people are naturally political and the st…
Functions of Law
Social Control, Dispute resolution, Social Change, Record Kee…
Disfunctions of Law
Harassment, Bias, Repression, Rigidity, Precedent, unequal ac…
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…
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…
10 terms
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
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
15 terms
LAW AND SOCIETY
Regime Theory
Sources of International Law
Function of International Law
Theoretical Perspective
International Institutions or Regimes affect the behavior of…
Treaties in International Agreement ... Customary Rule ... General…
Control of Actors... limitation on the use of force (self contr…
Challenge natural law/autonomous law ... They believe law is mad…
Regime Theory
International Institutions or Regimes affect the behavior of…
Sources of International Law
Treaties in International Agreement ... Customary Rule ... General…
25 terms
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.
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
Trial
Court
Accused
Responsibilities
A process to determine whether someone committed a criminal a…
A body of people acting as a tribunal in civil and criminal c…
To be charged with an alleged criminal offence
Being accountable or having duty for something
Trial
A process to determine whether someone committed a criminal a…
Court
A body of people acting as a tribunal in civil and criminal c…
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…
54 terms
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…
10 terms
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
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 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…
17 terms
Law and Society
Liberty, Right, Duty
Right and Duty
Example of Right/Duty
Morality v Law
Liberty - something you are free to do... Right - something you…
A legal right is a claim the law will enforce... A duty is an o…
Zak owns a car - he has a liberty to sell it... Zak agrees to s…
Law should have very clear defined penalties/responses/conseq…
Liberty, Right, Duty
Liberty - something you are free to do... Right - something you…
Right and Duty
A legal right is a claim the law will enforce... A duty is an o…
23 terms
Law and Society
Normative Claim
Empirical Claim
Base
Superstructure
creates or evaluates moral standards. What people "should and…
something that can be studied or proven and has a right or wr…
The economic foundation of society that includes the means of…
built upon the base and includes all institutions in society…
Normative Claim
creates or evaluates moral standards. What people "should and…
Empirical Claim
something that can be studied or proven and has a right or wr…
31 terms
law and society
durkeim
locke
Marx
Weber
division of labor; working together to maintain group
self mind- blank slate-enlightenment
struggle between ruling classes
for any outcome there can be multiple causes
durkeim
division of labor; working together to maintain group
locke
self mind- blank slate-enlightenment
45 terms
Law and Society
anarchy
bureaucracy
difference between laws and rules
main role of the law
absence of any law or governments
system of govt. with complicated rules
laws are enforced by the court and police whereas rules are n…
- to establish boundaries ... - protection ... - freedom ... - resolvi…
anarchy
absence of any law or governments
bureaucracy
system of govt. with complicated rules
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
19 terms
Law and Society
Article 1
Article 2
Article 4
Article 5
- freedom of religion ... - freedom of speech/press... - peaceful a…
-the right to bear arms
- protection from unreasonable searches and seizures (persons…
Rights of the accused:... -cannot be held unless indicted (unles…
Article 1
- freedom of religion ... - freedom of speech/press... - peaceful a…
Article 2
-the right to bear arms
10 terms
Law Society
Plea Bargain
Preponderance of Evidence
Beyond reasonable doubt
Jury trial verdicts
Offer by prosecution for lesser sentence and no trial
greater than 50% of evidence points to guilty
Pretty damn sure defense did it
must be unanimous verdict
Plea Bargain
Offer by prosecution for lesser sentence and no trial
Preponderance of Evidence
greater than 50% of evidence points to guilty
Law & Society
Law
3 sources
statues
common law
a law is a rule of conduct commanding what is right or prohib…
1. Statues... 2. common law... 3. constitutions
-a law made by a legislative body (rules of conduct)... -when a…
-the law as pronounced in court decisions... -the doctrine of st…
Law
a law is a rule of conduct commanding what is right or prohib…
3 sources
1. Statues... 2. common law... 3. constitutions
17 terms
Law and society
Separation of powers
Statues
Civil action
Human rights
the division of power among the branches of government( execu…
Laws enacted by the legislatures
a non criminal lawsuit, brought to enforce a right or redress…
basic privileges a person has as a human being
Separation of powers
the division of power among the branches of government( execu…
Statues
Laws enacted by the legislatures
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