Study sets matching "study of law american society"

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Study sets matching "study of law american society"

20 terms
LAW AMERICAN SOCIETY (UNIT ONE STUDY GUIDE)
Crime
Felony (Murder, Robbery)
Misdemeanor (Less serious crimes)
Civil Action/Tort
An action or omission that constitutes an offense that may be…
Is a term of more than one year in prison
Is a term of one year or less
A Civil wrong, it can be both Civil wrong and a Crime.... - Who…
Crime
An action or omission that constitutes an offense that may be…
Felony (Murder, Robbery)
Is a term of more than one year in prison
24 terms
Free Speech (Law in American Society)
Defamation
Libel
Slander
Bethel School District v. Fraser, 1986
Written or spoken word about a person that is false and damag…
Written expression about a person that is false and damages t…
Spoken expression about a person that is false and damages th…
The use of vulgar speech was limited by the school. School ha…
Defamation
Written or spoken word about a person that is false and damag…
Libel
Written expression about a person that is false and damages t…
12 terms
Law and American Society
Limited gov.
separation of powers
federalism
checks and balances
constitution created a national gov. of limited powers,with a…
the lawmaking power has been divided among the three branches…
the division of power between the state & federal gov.
a system that was designed to prevent one branch from becomin…
Limited gov.
constitution created a national gov. of limited powers,with a…
separation of powers
the lawmaking power has been divided among the three branches…
Law in American Society Criminal Law Study Guide - Chapters 8 and 9
State of mind
Motive
Strict liability offenses
Elements of a crime
what you are thinking; most crimes require that the actor hav…
the reason a person commits a crime
the legal responsibility for damage or injury even if you are…
the conditions that make an act unlawful
State of mind
what you are thinking; most crimes require that the actor hav…
Motive
the reason a person commits a crime
42 terms
Law in American Society
Unit 1: Jurisprudence
Unit 1: Criminal Law
Unit 1: Misdemeanor
Unit 1: Felony
the study of law and legal philosophy
regulate public conduct and set out duties owed to society
crime classification; serve 1 year or less
crime classification; serve 1 year or more
Unit 1: Jurisprudence
the study of law and legal philosophy
Unit 1: Criminal Law
regulate public conduct and set out duties owed to society
83 terms
Law in American Society
Internalists
Externalists (Legal Realists)
Law
H.L.A. Hart
Believe that all we need to know about the law can be determi…
Believe you can't fully understand the law unless external fa…
A set of rules made and enforced by the government that apply…
Believes that the law is a law and must be obeyed regardless…
Internalists
Believe that all we need to know about the law can be determi…
Externalists (Legal Realists)
Believe you can't fully understand the law unless external fa…
70 terms
Law in American Society
Legal Texts
internalists
Externalists
Competing Goals of Law
statutes, acts, constitutions, treatises, court decisions
law should be interpreted solely from legal texts
outside factors should be taken into consideration when inter…
Permeance, stability, and certainty: assume the Law can be re…
Legal Texts
statutes, acts, constitutions, treatises, court decisions
internalists
law should be interpreted solely from legal texts
29 terms
law and american society
Homicide
Criminal homicide
First degree murder
Second degree murder
the deliberate and unlawful killing of one person by another…
murder, capital murder, manslaughter, or criminally negligent…
any intentional murder that is willful and premeditated with…
which is a premeditated, intentional killing or results from…
Homicide
the deliberate and unlawful killing of one person by another…
Criminal homicide
murder, capital murder, manslaughter, or criminally negligent…
74 terms
Law in American Society
Marbury v. Madison
Schenk v. US
Clear and present danger
Mapp v. Ohio
Judicial review, precedent
Clear and present danger, 1st
The government can restrict a persons liberty during war
Exclusionary rule, 4th
Marbury v. Madison
Judicial review, precedent
Schenk v. US
Clear and present danger, 1st
21 terms
Law and American Society
Public Law
Private Law
Contracts
An Offer
rights of society as a whole; interests handled by the govern…
Involves matters between individuals; types: contracts, torts…
the exchange of promises voluntarily made by parties; five es…
first essential to a contract; a proposal from an offeror to…
Public Law
rights of society as a whole; interests handled by the govern…
Private Law
Involves matters between individuals; types: contracts, torts…
76 terms
Law in American Society
Strict Scrutiny
Compelling Interest
Narrow Tailoring
Intermediate Scrutiny
- Favors the individual... - Requires the government to show th…
a govt interest of the highest order, an interest the govt is…
the legal principle that a law be written to specifically ful…
Requires the government to show:... 1. Significant / Important I…
Strict Scrutiny
- Favors the individual... - Requires the government to show th…
Compelling Interest
a govt interest of the highest order, an interest the govt is…
84 terms
Law and American Society Midterm
Public law
Private law
Constitution
Procedural Due Process
Protects rights of society, represented by gov. agencies
Between indivduals
Written in broad and vague language
Process/notice/oppurtunity to be heard/imparticial tribunal
Public law
Protects rights of society, represented by gov. agencies
Private law
Between indivduals
Law and American society terms
Tort
Plaintiff
Defendant
Liability
A wrong done to an individual
The one who was wronged
The alleged wrongdoer
To legal responsibility one bears for harm caused
Tort
A wrong done to an individual
Plaintiff
The one who was wronged
22 terms
American Law and Society
Magadini
Magna Carta
Wintrop v Lechmere
Phillips v Savage
2016
1215
1728
1733
Magadini
2016
Magna Carta
1215
20 terms
Law and American Society
First Degree Murder
Felony Murder
Second Degree Murder
Voluntary Manslaughter
Premeditated and deliberate; done with malice
Takes place during the commission of a crime
No Premeditation or deliberation; done with malice
Promoted by an action from the victim that would cause a reas…
First Degree Murder
Premeditated and deliberate; done with malice
Felony Murder
Takes place during the commission of a crime
37 terms
LAW& AMERICAN SOCIETY MIDTERM
Affirmed
Appellant
Appellee
Article One of the Constitution
...
...
...
...
Affirmed
...
Appellant
...
Law and American Society Final
Arraignment
Arrest
Arson
Bail
To call an accused person before a criminal court to hear and…
Seize (someone) by legal authority and take into custody.
The setting on fire of a home or other type of edifice
The temporary release of an accused person awaiting trial, so…
Arraignment
To call an accused person before a criminal court to hear and…
Arrest
Seize (someone) by legal authority and take into custody.
5 terms
Law and American Society Midterm
Place Where
Place from Which
Accompaniment
Means
preposition in, (in, on) and sub, (under, at the foot of);
preposition a/ab (from, away from), de (down from), e/ex (fro…
preposition cum(with); usually a person
used without a preposition in Latin with "by means of" or "wi…
Place Where
preposition in, (in, on) and sub, (under, at the foot of);
Place from Which
preposition a/ab (from, away from), de (down from), e/ex (fro…
Law in American Society
Redistricting & Gerrymandering
Lobbyists
Legislative v. Judge Made Law
Rule of Four
is the redrawing of voting districts for political gain. This…
are groups of people that share similar views that work toget…
making involves a bill brought forth by a congress member tha…
is a practice used by the Supreme Court where four justices m…
Redistricting & Gerrymandering
is the redrawing of voting districts for political gain. This…
Lobbyists
are groups of people that share similar views that work toget…
Law and American Society
Winthrop v Lichmere
Phill v Savage
Zenger Case
Genessee Chief Case
1727--challenge colonial law, want return of primogenitor, ap…
Another appeal of primogenitor (Mass)--this time, privy counc…
NY 1735 Will Cosby--Royal governor of NY, wants $ for Rip Van…
Law of admiralty changes to apply to oceans, rivers, and lakes
Winthrop v Lichmere
1727--challenge colonial law, want return of primogenitor, ap…
Phill v Savage
Another appeal of primogenitor (Mass)--this time, privy counc…
Intro Law American Society
Work Duties of Lawyers
Role of ABA in Senate confirmation
Borking
Senate confirmation process; senatoria…
A. Litigating (most do not) - presenting cases before judges/…
Increasingly involved/influential.... 2. None more than the ABA,…
To obstruct. SCOTUS elect in 1987. Was defeated.
Constitution says simply that Fed judges will be nominated by…
Work Duties of Lawyers
A. Litigating (most do not) - presenting cases before judges/…
Role of ABA in Senate confirmation
Increasingly involved/influential.... 2. None more than the ABA,…
12 terms
Law & American society: Contracts & American law
Offer
Acceptance
Consideration
Offeree
A legally binding serious proposal
Accepting that proposal
Something of value given for something else of value
Offers the contract
Offer
A legally binding serious proposal
Acceptance
Accepting that proposal
95 terms
Law and American Society Mid Term
Affirmed
Appellant
Article 1 of the Constitution
Burden of Proof
In the practice of the court of appeals, it means that the co…
The losing party in a court case who appeals the case to an a…
Make up of the senate and congress and makes laws
the obligation in a legal case to prove allegations by presen…
Affirmed
In the practice of the court of appeals, it means that the co…
Appellant
The losing party in a court case who appeals the case to an a…
Law in American Society Unit 1
Criminal laws
Felonies
Misdemeanors
Civil laws
regulate public conduct and set out duties owed to society
penalty is a term of more than one year in prison
the penalty is a prison term of one year or less
regulate relations between individuals or groups of individuals
Criminal laws
regulate public conduct and set out duties owed to society
Felonies
penalty is a term of more than one year in prison
35 terms
Law & American society: torts and American law
Tort
Plaintiff
Defendant
Judgement
When a person commits a wrong in civil law, rules that govern…
The person harmed in a tort case
Is the wrongdoer in a tort case
The verdict in a tort case
Tort
When a person commits a wrong in civil law, rules that govern…
Plaintiff
The person harmed in a tort case
25 terms
law & society - midterm study guide
Sociological Jurisprudence
Lochner v. New York (1905)
Legal formalism/Analytical Jurisprudence
Counter-majoritarian possibility of law
- blend of social science and the law... - "the law must be stab…
- Joseph Lochner, owner of Lochner's Home Bakery in Utica, NY…
- Legal formalism: appertains to the Judge, formalism suggest…
- Alexander Bickell "The Least Dangerous Branch" - The Counte…
Sociological Jurisprudence
- blend of social science and the law... - "the law must be stab…
Lochner v. New York (1905)
- Joseph Lochner, owner of Lochner's Home Bakery in Utica, NY…
14 terms
Unit 1- Law and American Society
Judicial Branch
Bill
House of Representatives
Senate
Includes criminal and civil courts
a draft of a proposed law presented to parliament for discuss…
The lower house of the US congress.... 435 are elected
Any of various legislative or governing bodies, in particular
Judicial Branch
Includes criminal and civil courts
Bill
a draft of a proposed law presented to parliament for discuss…
LEGAL STUDIES.......................law and society
legal rules
non legal rules
Why do we need laws?
Functions of the law
legal rules are LAWS. All members of our society must follow…
Apply to a group of individuals. The members agree to be boun…
Maintain social cohesion. ie a community where people are abl…
1. provide framework in which the community can exist in free…
legal rules
legal rules are LAWS. All members of our society must follow…
non legal rules
Apply to a group of individuals. The members agree to be boun…
LAW AND AMERICAN SOCIETY EXAM 3
What are the themes of Justice Blackmun?
What is the Fair Labor Standards Act 1…
What happened in the case National lea…
Which case then overruled National lea…
• The politics of getting to the Supreme Court... • The role of…
Employers engaged in interstate commerce are required to pay…
Rejects 1974 amendments to FLSA extending minimum wage/ maxim…
Garcia V SAMTA (San Antonio Metropolitan Transport Authority)…
What are the themes of Justice Blackmun?
• The politics of getting to the Supreme Court... • The role of…
What is the Fair Labor Standards Act 1…
Employers engaged in interstate commerce are required to pay…
65 terms
Law and American Society Midterm Review
Administrative Agencies
Enabling Act
Substantive Due Process
Procedural Due Process
are set up to deal with specialize issues. These agencies are…
this brings the agency into life. This determines the structu…
Looking at the statue that's called into question. Test to se…
guarantees that before a person's rights are taken he/she mus…
Administrative Agencies
are set up to deal with specialize issues. These agencies are…
Enabling Act
this brings the agency into life. This determines the structu…
46 terms
law in society study guide
common law
citation
in criminal cases the procedures must…
no right to a trial and no right to be…
a set of laws made by the courts based on the customs and tra…
decisions made by the highest court of any state follow the l…
one difference between criminal and civil procedure is
young people who appear before a juvenile court have
common law
a set of laws made by the courts based on the customs and tra…
citation
decisions made by the highest court of any state follow the l…
LAW IN SOCIETY STUDY GUIDE
Jurisdiction
Ordinance
Common law
Federal case law
Decide case
Legis. created by town or country board or city council
Flexibility
Appealic court endorses a rule
Jurisdiction
Decide case
Ordinance
Legis. created by town or country board or city council
Law and American Society Cases 2
Dred Scott v. Sanford 1857
Bradwell v. Illinois 1872
Plessy v. Ferguson 1896
Grovery v. Townsend 1935
the slave (dred scott) was taken into a free state he wanted…
Wives are property of their husbands ... Common law principle of…
Jim Crow ... 14th amendment was already enacted ... no state can de…
texas could prevent blacks from voting in a primary election.…
Dred Scott v. Sanford 1857
the slave (dred scott) was taken into a free state he wanted…
Bradwell v. Illinois 1872
Wives are property of their husbands ... Common law principle of…
73 terms
Islamic Law and American Society Midterm
Shari'ah vs Figh
Usul al-figh
Siyasah
Madhhab
shari'ah is the law in the divine mind. Figh is the human int…
the methodology of figh. What we been doing so far. The scien…
state owned discretion. State owned maslahah/istihsan. Doesn'…
schools of law. 4 schools. Hanafi, Maliki, Shafi'i, Hanbali
Shari'ah vs Figh
shari'ah is the law in the divine mind. Figh is the human int…
Usul al-figh
the methodology of figh. What we been doing so far. The scien…
64 terms
Law in American Society: Multiple choice
Rehabilitation Act and ADA
Civil law
Civil Cases
Preponderance of the evidence
In Maddox v. Tennessee, Maddox claimed the termination was di…
The law relating to rights and obligations of parties
These cases typically involve private parties suing for money
Standard of proof for civil cases is....
Rehabilitation Act and ADA
In Maddox v. Tennessee, Maddox claimed the termination was di…
Civil law
The law relating to rights and obligations of parties
156 terms
Law and American Society Final Review
arraignment
arrest
arson
bail
A criminal proceeding at which the defendant is officially ca…
The detainment or restraint of a person or thing for the purp…
is defined as the malicious burning of the dwelling of anothe…
Security, such as cash, a bond, or property, pledged or given…
arraignment
A criminal proceeding at which the defendant is officially ca…
arrest
The detainment or restraint of a person or thing for the purp…
25 terms
Law & American Society: Torts Exam
Settlement
Plaintiff
Defendant
Tort
In civil law, the injured party is often provided with a ____…
A _________ is the injured party in a lawsuit.
The alleged wrongdoer in a civil lawsuit is the _______.
An unreasonable behavior that violates a person's duty to oth…
Settlement
In civil law, the injured party is often provided with a ____…
Plaintiff
A _________ is the injured party in a lawsuit.
65 terms
midterm terms law and american society
affirmed
appellant
Appellee
caption
the appellate court determines that the lower court reached t…
person who appeals the lower courts decision
party against whom the appeal is filed
part of a case that identifies the parties to the lawsuit
affirmed
the appellate court determines that the lower court reached t…
appellant
person who appeals the lower courts decision
23 terms
law and society study guide
integrity
ordinance
statutes
constitution
is the capacity to do what is right even in the face of tempt…
is legislation enacted at the local level
are laws enacted by legislatures
is a document that sets forth the framework of a government a…
integrity
is the capacity to do what is right even in the face of tempt…
ordinance
is legislation enacted at the local level
26 terms
Law and Society Study
We need laws because: 1.
2.
3.
4.
To establish boundaries of acceptable behaviour and determine…
Protection from the actions of others as well as our own beha…
Freedom to do many things by telling society what people can…
Resolving disputes in order to stop people taking the law int…
We need laws because: 1.
To establish boundaries of acceptable behaviour and determine…
2.
Protection from the actions of others as well as our own beha…
legal studies - Law in Society
Bicameral
Bill
Concurrent powers
Delegated legislation
Two houses of parliament- at a federal level, the House of Re…
A proposed law.
Law-making powers shared by the Commonwealth Parliament and t…
Laws made by subordinate bodies.
Bicameral
Two houses of parliament- at a federal level, the House of Re…
Bill
A proposed law.
5 terms
Area Of Study 1 - Law in Society
Non-Legal Rules
Legal Rules
The Constitution
Constitutional Monarchy
Made by private individuals and cannot be enforced by the cou…
Made by law-making bodies with the force of law and can be en…
The constitution is a legal document; it outlines the basic r…
Australia's system of government is a constitutional monarchy…
Non-Legal Rules
Made by private individuals and cannot be enforced by the cou…
Legal Rules
Made by law-making bodies with the force of law and can be en…
45 terms
study guide for law in society
true
false
false
false
motive plays no part in proving criminal liability
embezzlement is what criminals do when they need to hide larg…
the purpose of international criminal court is to provide fre…
the primary duty that arises from a marriage contract is the…
true
motive plays no part in proving criminal liability
false
embezzlement is what criminals do when they need to hide larg…
Legal studies- Law in Society
Characteristics of an effective law
3 main roles of law
Main aim for criminal law
Main aim for civil law
1) known to public ... 2) accepted in the community ... 3)able to b…
1) protection ... 2) freedom ... 3) resolve disputes
The main aim for criminal law is to apprehend, prosecute and…
The main aim of civil law is to return the persons whose righ…
Characteristics of an effective law
1) known to public ... 2) accepted in the community ... 3)able to b…
3 main roles of law
1) protection ... 2) freedom ... 3) resolve disputes
Legal Studies - Law In Society
Legal Rules
Non-Legal Rules
Need for Laws
Characteristics of an Effective Law
Made by parliament and are enforceable by the courts.
Made by private groups in society and are not enforceable by…
Protect our society and keep it functioning, provide guidelin…
Known to the public, acceptable to the community, able to be…
Legal Rules
Made by parliament and are enforceable by the courts.
Non-Legal Rules
Made by private groups in society and are not enforceable by…
law and american society final chapter 4
arraignment
arrest
arson
bail
a formal reading of a criminal charging document in the prese…
seize by legal authority and take into custody.
the criminal act of deliberately setting fire to property
the temporary release of an accused person awaiting trial, so…
arraignment
a formal reading of a criminal charging document in the prese…
arrest
seize by legal authority and take into custody.
Legal Studies: Law and Society
Why do we need laws?
Criminal law can be crimes against
Civil law can be actions against
Legal rules
Laws enable us to live together by recognising our rights and…
- the person... - property... - the community (public)... - morality... -…
- contract law... - torts, such as negligence, trespass, nuisanc…
All members of society must abide by these rules.... Parliament…
Why do we need laws?
Laws enable us to live together by recognising our rights and…
Criminal law can be crimes against
- the person... - property... - the community (public)... - morality... -…
9 terms
Area of Study 1 - Law in Society
Rule
Legal Rule
Non-Legal Rule
The Need for Laws
An expected behaviour.
Made by parliament and enforceable by the courts.
Made by private individuals or groups in society, such as par…
- To protect our society and keep it functioning... - Guidelines…
Rule
An expected behaviour.
Legal Rule
Made by parliament and enforceable by the courts.
22 terms
law and society - final study guide
Riot at Compton
Lawrence v. Texas (2003)
Obergefell v. Hodges (2015)
The "transgender umbrella"
- Occurred in August 1966 in the Tenderloin district of San F…
- On September 17, 1998 Robert Eubanks called the police and…
- Groups of same-sex couples sued their relevant state agenci…
- Includes transsexuals, intersex, people who identify beyond…
Riot at Compton
- Occurred in August 1966 in the Tenderloin district of San F…
Lawrence v. Texas (2003)
- On September 17, 1998 Robert Eubanks called the police and…
82 terms
Law and American Society Final Exam Review
By a Preponderance of the Evidence
Compensatory Damages
Nominal Damages
Punitive Damages
Burden of Proof
money to return the victim to his/her original state if the i…
Usually a small amount of money (1-2 dollars). Just proves th…
Money to deter future wrongdoers. This is where a lot of mone…
By a Preponderance of the Evidence
Burden of Proof
Compensatory Damages
money to return the victim to his/her original state if the i…
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