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Study sets matching "study of law society chapter 4"

30 terms
Law & Society Chapter 4
Jurisprudence
Analytical jurisprudence
Moralistic jurisprudence
Mechanical jurisprudence
"Wise in the law" ... - Encompasses general forms of intellectua…
Jurisprudential analysis is scientific and objective
Jurisprudential work that specifically promotes policies and…
Suggests that judges are judicial scientists who, if they app…
Jurisprudence
"Wise in the law" ... - Encompasses general forms of intellectua…
Analytical jurisprudence
Jurisprudential analysis is scientific and objective
11 terms
Chapter 4 Law in Society Study Guide Help
What a the elements of criminal acts ?
What is violation of duty ?
What is criminal intent ?
What is vicarious criminal liability ?
Duty, Violation of duty, and criminal intent
Testimony of a witness who saw the defendant do it
Intention to do evil; commit the act
The criminal intent of the employee; requirement of criminal…
What a the elements of criminal acts ?
Duty, Violation of duty, and criminal intent
What is violation of duty ?
Testimony of a witness who saw the defendant do it
26 terms
Chapter 4| Law in Society
The three elements of most crimes are…
Generally, all the jurors must vote fo…
The existence of a duty in criminal la…
The prosecution and the defense may is…
True
True
False
True
The three elements of most crimes are…
True
Generally, all the jurors must vote fo…
True
11 terms
Law & Society: Chapter 4
Commerce Clause
Supremacy Clause
Preemption
Meta Tag
The provision in Article I, Section 8, of the U.S. Constituti…
The requirement in Article VI of the U.S. Constitution that p…
A doctrine under which certain federal laws preempt, or take…
A key word in a document that can serve as an index reference…
Commerce Clause
The provision in Article I, Section 8, of the U.S. Constituti…
Supremacy Clause
The requirement in Article VI of the U.S. Constitution that p…
21 terms
Law in Society | Chapter 4
The three elements of most crimes are…
Generally, all the jurors must vote fo…
The existence of a duty in criminal la…
The prosecution and the defense may is…
True
True
False
True
The three elements of most crimes are…
True
Generally, all the jurors must vote fo…
True
27 terms
Law & Society - Chapter 4
Any powers that are not specifically d…
Article​ _____ of the United States Co…
The U.S. form of government in which t…
What branch of the U.S. government mak…
D. reserved
B. ​III; judicial
B. federalism
A. legislative branch
Any powers that are not specifically d…
D. reserved
Article​ _____ of the United States Co…
B. ​III; judicial
21 terms
Law and Society Chapter 4
Adversary System
Attorney at law
Fiduciary realtionship
Practice of law
a legal system used in the common law countries where two adv…
The Lawyer (legally authorized)... Person work under the directi…
A position of trust undertaking to act for the benefits of an…
Regulated by state... * unauthorized practice of law is a crime
Adversary System
a legal system used in the common law countries where two adv…
Attorney at law
The Lawyer (legally authorized)... Person work under the directi…
9 terms
Law and Society Chapter 4
Preemption
Free Exercise Clause
Establishment Clause
Equal Protection Clause
Doctrine under which certain federal laws take precedence ove…
provision in the 1st amendment that prohibits the gov from in…
provision in the 1st amendment that prohibits the gov from es…
state may not deny any person under its jurisdiction equal pr…
Preemption
Doctrine under which certain federal laws take precedence ove…
Free Exercise Clause
provision in the 1st amendment that prohibits the gov from in…
26 terms
Law in Society Midterm Study Guide Chapter 4
The 3 elements of most crimes are the…
Generally, all the jurors must vote fo…
The existence of duty in criminal law…
The prosecution and the defense may is…
True.
True.
False.
True.
The 3 elements of most crimes are the…
True.
Generally, all the jurors must vote fo…
True.
26 terms
Law and Society Chapter 4
The three elements of most crimes are…
Generally, all the jurors must vote fo…
The existence of a duty in criminal la…
The prosecution and the defense may is…
true
true
false
true
The three elements of most crimes are…
true
Generally, all the jurors must vote fo…
true
10 terms
chapter 4 law in society
true
true
false
true
3 elements of law are duty, breach of duty, and criminal intent
all jurors must vote before conviction of a crime
existence of a duty in criminal law is provided by an expert…
prosecution and defense may issue a subpoena
true
3 elements of law are duty, breach of duty, and criminal intent
true
all jurors must vote before conviction of a crime
20 terms
Law In Society Chapter 4 Vocabulary
Litigate
Court
Mediator
Arbitrator
To resolve disputes in court
Governmental forume that administers justice under the law
Independent third party who tries to develop a non buliding s…
Independent third party who develops a binding and enforcable…
Litigate
To resolve disputes in court
Court
Governmental forume that administers justice under the law
21 terms
Chapter 4 Vocabulary (Law In Society)
Crime
Vicarious criminal liability
Felony
Misdemeanor
A punishable offense against society
Substituted criminal liability
A crime punishable by confinement for more than a year in a s…
Crime punishable by up to one year in jail, a fine less than…
Crime
A punishable offense against society
Vicarious criminal liability
Substituted criminal liability
20 terms
Law In Society Chapter 4 Vocabulary
Litigate
Court
Mediator
Arbitrator
To resolve disputes in court
Governmental forume that administers justice under the law
Independent third party who tries to develop a non buliding s…
Independent third party who develops a binding and enforcable…
Litigate
To resolve disputes in court
Court
Governmental forume that administers justice under the law
35 terms
Law in Society Vocab. Chapter 4
Antitrust laws
Arraignment
Arson
Bail
laws that prohibit competing companies from price fixing or d…
court proceeding during which the formal charges in the infor…
willful and illegal burning of a building.
a sum of money or property deposited or pledged to guarantee…
Antitrust laws
laws that prohibit competing companies from price fixing or d…
Arraignment
court proceeding during which the formal charges in the infor…
21 terms
Law in Society mid term study guide chapter 4
the three elements of most crimes are…
generally, all the jurors votew for co…
the existence of a duty in a criminal…
the prosecution and the defense may is…
true
true
false
true
the three elements of most crimes are…
true
generally, all the jurors votew for co…
true
44 terms
The Study of Law Chapter 4
Court
Jurisdiction
Trial courts
Original jurisdiction
a unit of the judicial branch of government that has authorit…
the power of a court to hear a case
courts that determine the facts and apply the law to the facts
the authority of a court to hear a case when it is initiated,…
Court
a unit of the judicial branch of government that has authorit…
Jurisdiction
the power of a court to hear a case
10 terms
Understanding Law in a changing society: Chapter 4
case law
common law
dismissal with prejudice
fact freedom
(civil law) a law established by following earlier judicial d…
A system of law based on precedent and customs
A court order that ends a lawsuit; the suit cannot be refiled…
reported decisions of appeals courts and other courts which m…
case law
(civil law) a law established by following earlier judicial d…
common law
A system of law based on precedent and customs
44 terms
The Study of Law (Chapter 4)
Court
Jurisdiction
Trial courts
Original jurisdiction
a unit of the judicial branch of government that has authorit…
the power of a court to hear a case
courts that determine the facts and apply the law to the facts
the authority of a court to hear a case when it is initiated,…
Court
a unit of the judicial branch of government that has authorit…
Jurisdiction
the power of a court to hear a case
Law and society ch4-6
American Bar Association
casebook
government lawyers
In house corporate counsel
the organization that ranks judicial nominees as well qualifi…
contained a collection of carefully selected cases that refle…
1/3 work for the federal government
these lawyers spend their time on work that formerly was pref…
American Bar Association
the organization that ranks judicial nominees as well qualifi…
casebook
contained a collection of carefully selected cases that refle…
108 terms
Chapter 4 Jurisprudence and the Study of Law
Jurisprudence Latin
Jurisprudence definition
analytical jurisprudence
moralistic jurisprudence
"wise in the law"
encompasses general forms of intellectual inquiry about law.…
jurisprudence analysis in a scientific and objective way. ste…
jurisprudential work that specifically promotes policies and…
Jurisprudence Latin
"wise in the law"
Jurisprudence definition
encompasses general forms of intellectual inquiry about law.…
19 terms
law and society test 2 (chapter 4)
rationalistic perspective on lawmaking
functionalist perspective on lawmaking
conflict perspective on lawmaking
moral entrepreneur perspective on lawm…
- Laws are created as rational means of protecting the member…
Laws reflect custom, consensus- reinstutionalized custom. Con…
Laws emerge from elite interest and control over lawmaking pr…
Laws reflect the moral enterprise of individuals or groups. M…
rationalistic perspective on lawmaking
- Laws are created as rational means of protecting the member…
functionalist perspective on lawmaking
Laws reflect custom, consensus- reinstutionalized custom. Con…
18 terms
Chapter 4: Society
Define "Society" as we have used this…
Gehard Lenski based his definition of…
Name four of Lenski's stages of socio-…
When did Lenski's Industrial stage of…
A group of people connected by a shared territory and politic…
The evolution of the use of technology.
1) Hunting-Gathering, 2) Horticulture-Pastoral, 3) Agrarian,…
In the 19th Century, i.e., during The Industrial Revolution.
Define "Society" as we have used this…
A group of people connected by a shared territory and politic…
Gehard Lenski based his definition of…
The evolution of the use of technology.
5 terms
Law Studies - Chapter 4
Negotiation
Settlement
Arbitration
Mediation
The process of discussing an issue to reach a settlement or a…
A mutual agreement between two sides in a civil lawsuit, made…
A way of settling a dispute without going to trial
The act or process of resolving a dispute between two or more…
Negotiation
The process of discussing an issue to reach a settlement or a…
Settlement
A mutual agreement between two sides in a civil lawsuit, made…
51 terms
Law and Society Test 2: Chapter 4
perspectives on lawmaking
rationalistic lawmaking perspective
functionalist lawmaking perspective
conflict lawmaking perspective
rationalistic, functionalist, conflict, moral entrepreneur
-laws (criminal laws) are created as rational means of protec…
-laws reflect custom, consensus and reinstitutionalized custo…
-laws emerge from elite interests and control over lawmaking…
perspectives on lawmaking
rationalistic, functionalist, conflict, moral entrepreneur
rationalistic lawmaking perspective
-laws (criminal laws) are created as rational means of protec…
24 terms
Chapter 4: Society
society
sociocultural evolution
hunting and gathering
horticulture
people who interact in a defined territory and share a culture
Lenski's term for the changes that occur as a society gains n…
making use of simple tools to hunt animals and gather vegetat…
the use of hand tools to raise crops
society
people who interact in a defined territory and share a culture
sociocultural evolution
Lenski's term for the changes that occur as a society gains n…
27 terms
Law Studies Chapter 4
Burnham v. Superior Court of California
Can a state court obtain jurisdiction…
Brooks v. Magna Verde Corp
Issue: does Oklahoma have jurisdiction…
In this case, Mrs. Burnham filed a divorce action in Californ…
Yes. example: In this case, the U.S. Supreme Court held that…
O'Grady, a professional boxer, was managed by his father. O'G…
Holding: Yes, the Oklahoma state court can use the state's lo…
Burnham v. Superior Court of California
In this case, Mrs. Burnham filed a divorce action in Californ…
Can a state court obtain jurisdiction…
Yes. example: In this case, the U.S. Supreme Court held that…
27 terms
Healthcare Law: Chapter 4 study
Mistake... Fraud (Deceit)... Duress... Public p…
If the consent is negated, the situati…
It must be determined if any factors w…
Mistake.... If a patient consents to tre…
The courts have recognized four factors that will negate cons…
What happens if a consent is negated?
Once it is established that a patient has provided an otherwi…
How does mistake negate consent
Mistake... Fraud (Deceit)... Duress... Public p…
The courts have recognized four factors that will negate cons…
If the consent is negated, the situati…
What happens if a consent is negated?
7 terms
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…
7 terms
CHAPTER 4 Languages in Society
DIGLOSSIA
TERRITORIAL PRINCIPLE AND PERSONALITY…
THREE GENERATION SHIFT
HALF-WAY HOUSE
DIGLOSSIA is used to describe and analyze two languages exist…
The TERRITORIAL PRINCIPLE is a claim to the right to a langua…
Minority languages can decline by THREE GENERATION SHIFT, fro…
Bilingual parents in the second generation are a HALF-WAY hou…
DIGLOSSIA
DIGLOSSIA is used to describe and analyze two languages exist…
TERRITORIAL PRINCIPLE AND PERSONALITY…
The TERRITORIAL PRINCIPLE is a claim to the right to a langua…
45 terms
Aging and Society Chapter 4
Activities Of Daily Living (ADLs)
Acute Illness
Adult Day Care
Ageism
Activities that include bathing, dressing, toileting, eating,…
Serious infectious diseases that science has not yet been abl…
Adult care that is designed to allow people to remain in thei…
A form of discrimination aimed at older people; it includes n…
Activities Of Daily Living (ADLs)
Activities that include bathing, dressing, toileting, eating,…
Acute Illness
Serious infectious diseases that science has not yet been abl…
28 terms
Chapter 2-4 Law & Society
members in house of representatives
members in US senate
how is the # of representatives from e…
what is a federal statue?
435
100
population
lawmaking power of congress
members in house of representatives
435
members in US senate
100
28 terms
Unit 3: Society (Chapter 4) Study Guide
society
Lenski's view on what shapes society
sociocultural evolution
hunting and gathering societies
people who interact in a territory and share culture
technology shapes society
~the changes that occur as a society acquires new technology…
~simple tools... ~nomadic... ~used to be all humans-only a few rema…
society
people who interact in a territory and share culture
Lenski's view on what shapes society
technology shapes society
10 terms
Chapter 4 The Law of Torts
Tort
Intentional Tort
Trespass
Nuisance
(law) any wrongdoing for which an action for damages may be b…
act that is intended to hurt, embarrass, or scare another per…
a wrongful interference with the possession of property (pers…
a bothersome annoying person
Tort
(law) any wrongdoing for which an action for damages may be b…
Intentional Tort
act that is intended to hurt, embarrass, or scare another per…
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…
31 terms
Chapter 4: Society - The Interactions of Mankind
------- is the relationship among peop…
The Lord's CREATION MANDATE to Noah an…
------- is a society's or person's Way…
---------- are the customs or usages t…
Society
MULTIPLY... ("Be fruitful, and multiply, and replenish the earth…
Culture
Traditions
------- is the relationship among peop…
Society
The Lord's CREATION MANDATE to Noah an…
MULTIPLY... ("Be fruitful, and multiply, and replenish the earth…
15 terms
Chapter 4: Foundations of Society
Cultural norms
Social isolation
structural-functional theory of analyz…
Methods of presenting the self
_____ are guidelines we use to determine how we should behave…
When indiviuals grow up not socialized and do not know how to…
Society is viewed as a complex, interconnected system, and cu…
Impression management, idealization, and nonverbal communicat…
Cultural norms
_____ are guidelines we use to determine how we should behave…
Social isolation
When indiviuals grow up not socialized and do not know how to…
24 terms
Law in Society-chapter 17 study guide
mutual benefit
bailor
bailee
intangible property
a bailment is a bailment in which both parities receives some…
the person who transfers the property is the
the person to whom the property is transferred is the
property that has no substance and cannot be touched is
mutual benefit
a bailment is a bailment in which both parities receives some…
bailor
the person who transfers the property is the
15 terms
Media and Society Chapter 4, 5, & 6 study guide
sports illustrated... playboy... cosmo... peopl…
sensationalistic stunts
book publisher
matthew brady
five examples of consumer magazines
what tactics did New York newspapers owned by William Randolp…
buys manuscripts from others and makes it into a book
considered a pioneer in photojournalism because of his/her ph…
sports illustrated... playboy... cosmo... peopl…
five examples of consumer magazines
sensationalistic stunts
what tactics did New York newspapers owned by William Randolp…
29 terms
Law & Society Chapter 3
Intuitionist conception of justice
Utilitarian conception of justice (pra…
Contractual conception of justice
Egalitarian conception of justice
- German philosopher Kant, developed the view that people kno…
- Bentham; view determines what is good/just by calculous ... -…
- Rawls; the equation of justice with fairness ... - By agreemen…
- Marx advanced this conception... - Justice with equality ... - So…
Intuitionist conception of justice
- German philosopher Kant, developed the view that people kno…
Utilitarian conception of justice (pra…
- Bentham; view determines what is good/just by calculous ... -…
14 terms
Chapter 4 Plants and society
Autotrophs & Producers
Where does photosynthesis occur
Light, pigments, and plants
Photosynthesis
Plants make their own food via photosynthesis... Are the produce…
Light absorption spectrum for pigments involved in photosynth…
Stage 1: the light reactions convert light energy to chemical…
Autotrophs & Producers
Plants make their own food via photosynthesis... Are the produce…
Where does photosynthesis occur
10 terms
Chapter 4 The Laws of Motion
momentum
second law of motion
third law of motion
weight
property of a moving object that equals its mass times its ve…
states that the acceleration of an object is in the same dire…
states that when one object exerts a force on a second object…
gravitational force exerted on an object.
momentum
property of a moving object that equals its mass times its ve…
second law of motion
states that the acceleration of an object is in the same dire…
16 terms
Law & Society Chapter 33
Lessee
Lessor
Tenancy
Tenancy for years
the tenant
the landlord
a renter's right to hold interest in the property that is bei…
the right to occupy property for a definite or fixed period o…
Lessee
the tenant
Lessor
the landlord
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…
15 terms
Law and Society Chpt 4 FSU
Fair Trial Components
Substantive Due Process
Procedural Due Process
Strict Scrutiny Test
Right to a unbiased jury, speedy trial, to compel witnesses,…
Is the law itself reasonable?
Did the plaintiff have a reasonable opportunity to challenge…
Is the action the east intrusive means to fulfill an essentia…
Fair Trial Components
Right to a unbiased jury, speedy trial, to compel witnesses,…
Substantive Due Process
Is the law itself reasonable?
54 terms
Chapter 4- Business and Society
Leadership Development
Why leadership development is important
Leadership applies to?
Need for self assessment
It is everyone's business
Key issue in management... Investment... Competitive Advantage... New…
Your professional Life... - Need for leadership in management... -…
1st step to leadership is self awareness of leadership compet…
Leadership Development
It is everyone's business
Why leadership development is important
Key issue in management... Investment... Competitive Advantage... New…
34 terms
Chapter 4: Society and Social Interaction
achieved status
agricultural societies
alienation
Anomie
the status a person chooses, such as a level of education or…
societies that rely on farming as a way of life
an individual's isolation from his society, his work, and his…
a situation in which society no longer has the support of a f…
achieved status
the status a person chooses, such as a level of education or…
agricultural societies
societies that rely on farming as a way of life
28 terms
Unit 1 Legal Studies Chapter : Law in Society
Legal Rules
Non-legal Rules
Main Reason Laws are Needed
Characteristics of an Effective Law
-made by parliament or other law-making bodies... -enforceable b…
-made by private individuals or groups in society... -not enforc…
-to protect society... -to keep society functioning, prevent cha…
(KAASA)... -Known to public... -Acceptable to community values... -Abl…
Legal Rules
-made by parliament or other law-making bodies... -enforceable b…
Non-legal Rules
-made by private individuals or groups in society... -not enforc…
28 terms
Unit 1 Legal Studies Chapter : Law in Society
Legal Rules
Non-legal Rules
Main Reason Laws are Needed
Characteristics of an Effective Law
-made by parliament or other law-making bodies... -enforceable b…
-made by private individuals or groups in society... -not enforc…
-to protect society... -to keep society functioning, prevent cha…
(CAKES)... -Able to be Changed (adaptable to changing values)... -A…
Legal Rules
-made by parliament or other law-making bodies... -enforceable b…
Non-legal Rules
-made by private individuals or groups in society... -not enforc…
17 terms
Law in Society Midterm Study Guide Chapter 2
Which are the personal and natural rig…
Which amendment guarantees US citizens…
Which amendment prevents the imposing…
Which amendment states the US citizens…
Civil Rights
1
8
2
Which are the personal and natural rig…
Civil Rights
Which amendment guarantees US citizens…
1
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