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Study sets matching "study of law society"

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Study sets matching "study of law society"

35 terms
Law & Society
What are the three systems of the court?
Individual Rights
Rights of Society
Justice
Police, Court, Corrections
Giving everyone equal rights, despite the level of the crime…
Putting someone in jail for the betterment of society
Principles of fairness, moral equity
What are the three systems of the court?
Police, Court, Corrections
Individual Rights
Giving everyone equal rights, despite the level of the crime…
30 terms
Law & Society
Law
Human Rights
Felonies
Misdemeanors
the principles and regulations established in a community by…
fundamental rights, especially those believed to belong to an…
an offense, as murder or burglary, of graver character than t…
Law. a criminal offense defined as less serious than a felony.
Law
the principles and regulations established in a community by…
Human Rights
fundamental rights, especially those believed to belong to an…
560 terms
Society & Law
تَجْديف
بَرَكَات بَرَكَة
نَظَرية الخَلْق
عَقائِد عَقِيدة
blasphemy
blessing
creation theory
doctrine, creed, dogma
تَجْديف
blasphemy
بَرَكَات بَرَكَة
blessing
19 terms
Law & Society
Anarchy
Chaos
Law
Pro bono
Absence of law or government; chaos, disorder
great disorder or confused situation
the system of rules which a particular country or community r…
comes from the latin phrase "pro bono publico" which means fo…
Anarchy
Absence of law or government; chaos, disorder
Chaos
great disorder or confused situation
17 terms
law & society
5 Factors of Substituted Judgement
State Interest in Right to Die
Terry Schiavo - Clear & Convincing evi…
Definition of family
1. Expressed oral or written preference... 2. Religious Convicti…
1. Preservation of life... 2. Protection of interest of 3rd part…
More probable than not what she wanted.
1. Group consisting of parents & children... 2. Group who lives…
5 Factors of Substituted Judgement
1. Expressed oral or written preference... 2. Religious Convicti…
State Interest in Right to Die
1. Preservation of life... 2. Protection of interest of 3rd part…
47 terms
law & society
assault
battery
false imprisonment
intentional infliction of emotional di…
an intentional, non-consensual, unlawful, and overt act that…
an intentional, non-consensual and unlawful contact that is o…
an intentional tort by which defendant unlawfully restricted…
an intentional or negligent tort involving a reprehensible ac…
assault
an intentional, non-consensual, unlawful, and overt act that…
battery
an intentional, non-consensual and unlawful contact that is o…
65 terms
Law & Society
Informal norms
Folkways
Mores
Polygamy
Social controls that are self-imposed by the individual
Informal norms that are part of day-to-day living and guide d…
Informal norms that are based on common values and establish…
Marriage between more than 2 people
Informal norms
Social controls that are self-imposed by the individual
Folkways
Informal norms that are part of day-to-day living and guide d…
Law + Society
Proximate Cause
Legal defense: Insanity
Legal defense: Duress
Legal defense: Entrapment
The legal cause of death was not your fault
Can't distinguish right from wrong
Threatened to commit a crime
Coerced to commit crime by police
Proximate Cause
The legal cause of death was not your fault
Legal defense: Insanity
Can't distinguish right from wrong
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…
13 terms
Law & Society
Galanter
Miller and Sarat
Silbey
Zeiman
RP vs. OS, RP will always come out on top, system does not eq…
How often is the legal system used? 1. Grievance 2. Claim 3.…
Legal Consciousness. Before the Law: We are subject to the la…
Legal Mobilization is the act of invoking law. In a formal se…
Galanter
RP vs. OS, RP will always come out on top, system does not eq…
Miller and Sarat
How often is the legal system used? 1. Grievance 2. Claim 3.…
law & society
due process
commerce clause
new deal
second new deal
constitutional guarantee that all legal proceedings will be f…
gives Congress exclusive power over trade activities among th…
experimental programs to try and get us out of great depressi…
reaction to courts rulings, set up social security act & NLRA…
due process
constitutional guarantee that all legal proceedings will be f…
commerce clause
gives Congress exclusive power over trade activities among th…
99 terms
Law & Society
Commerce Clause
Dormant Commerce Clause
Supremacy Clause
types of free speech
give Congress power to regulate interstate commerce,... broad, n…
state regulations can't interfere with interstate commerce
federal overrules state
symbolic, corporate, commercial
Commerce Clause
give Congress power to regulate interstate commerce,... broad, n…
Dormant Commerce Clause
state regulations can't interfere with interstate commerce
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
13 terms
LAW & SOCIETY
What is distinctive about social scien…
L1: Methods/Evidence:
L2: Social Theory:
L1: Scholarly Role:
The distinctiveness of the social science approach to law lie…
reliance in data collection. You use a method and you are car…
You explicitly define theoretical concepts and the relationsh…
Scholars adopt one of three different scholarly roles- Object…
What is distinctive about social scien…
The distinctiveness of the social science approach to law lie…
L1: Methods/Evidence:
reliance in data collection. You use a method and you are car…
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…
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…
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…
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
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.
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…
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…
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
32 terms
Law in society
Access
Discrimination
Anarchy
Bureaucracy
Equal opportunity for all people to make use of legal system
To treat somebody differently or less favourably because of h…
An absence of any law or government rebellion
System of government or business that has many complicated wa…
Access
Equal opportunity for all people to make use of legal system
Discrimination
To treat somebody differently or less favourably because of h…
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
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
18 terms
law in society
Laws
Code
Common law
Positive law
enforceable rules of conduct in a 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
enforceable rules of conduct in a society
Code
laws grouped into an organized form
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
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
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…
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…
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)
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…
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
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
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…
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
31 terms
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…
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…
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…
19 terms
Law & Society
3 perspectives of law
what are judicial decisions formed by?
what is law?
What counts as law?
1. idealized... 2. Jurisprudential... 3. Law & society
experience, values, and political perspective
law is a reflection of society/ a part of society
laws that are written and unwritten that keep social control…
3 perspectives of law
1. idealized... 2. Jurisprudential... 3. Law & society
what are judicial decisions formed by?
experience, values, and political perspective
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
60 terms
1/2 Legal Studies: Area of Study 1 - Law in Society
What are the three primary law-making…
Parliament
Subordinate authorities
What are the four types of subordinate…
• Parliament... • Subordinate authorities... • Courts
The ultimate law-maker made up of elected representatives
Bodies which Parliament delegate to make legislation
• Government departments... • Executive councils... • Local council…
What are the three primary law-making…
• Parliament... • Subordinate authorities... • Courts
Parliament
The ultimate law-maker made up of elected representatives
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…
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