Karteikarten
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Karten in diesem Stapel (101)
- 1public lawcriminal / structural government
- 2private lawmarriage contracts (divorce), business contracts, laws governing relations between individuals
- 3what is law?law is a body of rules that regulate society and the action of individuals, groups, or institutions
- 4what are the 3 functions of law?1. social control
2. dispute resolution
3. social change - 5traditional vs modern conceptualizationorganic solidarity - modern society based on complexity and diversity
- 6Donald Black & his 4 styles of law in America- a legal scholar
"law is basically governmental social control" - 71st style: accusatory(winner/loser)
- 82nd: Penalviolator; should be punished
- 93rd: Theraputic Lawwhen the judge decides a person needs therapy rehab
- 104th: concuitorysocial conflict in need of a resolution
(Ex: marriage disputes) - 11Weber & his TypologyA German sociologist who spent a lot of time looking at the law argued that the law does 2 things.
- 12Consensus- Agreement
- 13Coerciona force or punishment that occurs if you break the law.
- 14Law in the US is divided into 5 branches1. constitutional law
2. case law
3. statutory law
4. executive orders
5. administrative law - 15Civil Law vs Criminal Lawcivil law- governs conduct of individuals
public law/criminal law- defines crimes, prosecutes, and penalizes offenders ex: criminal cases against ciaverella and conahan - 16constitutional lawprotect and uphold constitution
- 17case lawcases that are below constitutional, but can make their way to supreme court
- 18statutory lawlaws enacted by law makers, can be at different levels
- 19Executive ordersregulations issued by the president and state government
- 20Administrative lawregulate what we do on a daily basis, define legal laws of government
ex: social securtity government - 21customs (folkways)rules of conduct generally, observed without thinking, no real obligation to follow folkways, but most of us do.
- 22Conventions (Mores)rules of conduct that allow a sense of obligation but lack concensus
- 232 Types of Lawsubstantive and procedural
- 24substantive lawrights, duties,prohibitions administered by courts. What is allowed and whats not.
- 25Procedural Lawhow substantive laws are to be administrated and enforced and changed and used. how they're conducted
- 26Common Law- based on case law, which relies on rules set by judges.
- 274 major legal systems or traditions1. Romano- Germanic
2. Common Law
3. Socialist Law
4. Islamic Law - 28Romanic- Germanpredominant in the western civilizations (Europe, France, Italy) based on legal systems and the bodies of law
- 292. Common Lawwhen the Normans set out to provide England with a law common to all (common law) as a mean to unify England and increase royal power. it is unwritten
- 30Socialist Law-emphasizes communal values, no separation of powers, ownership is central
- 31Islamic Law- exist mainly in middle eastern arabic countries. It's based on the Koran (the word of God)
- 32The Koranthe collected thoughts and revelations of the prophet Muhammad.
- 33The Sunnaa companion book to the Korans containing statements, deeds, sayings and other "rules to live by" from the Prophet
- 34Judicial consensussomewhat like precedents in the common law
- 35Analogical Reasoningused for UNPRECEDENTED circumstances or instances not provided for the Korans.
- 36Social Controlsocial norms were adhered to because of traditions, self sanctioning, or because of social mechanisms control such as gossip and humiliation.
- 37Formal Social Controlexplicit rules of conduct, planned use of sanctions to support the rules
- 38Dispute Settlementby settling disputes through an authoritative allocation of legal rights and obligations.
- 39Social Changesame sex marriage (something that is guided and directed , change can go in either direction it can move its fits and starts.
- 40Dysfunctions of Lawwhen the law is rigid and conservative, tending toward the preservation of the status quo. or when laws are used for purposes not intended.
- 41Conflict Perspectivesociety is viewed as diverse but characterized by conflict
- 42Primitivesusubstanive and procedural laws. judges are typically elders or people seen as leaders. "courts" are temporary and disperse after the matter is settled.
- 43Transitionalfound in early industrial societies where the economic, political systems are differentiated.
- 44Modern Legal system- has to do with administrative law, all of the structural features of transitional laws but greater and more complex arrangements.
- 45Natural Lawthe law viewed as absolute, universal to all humans.
- 46Legal Positivismlooks at objective social conditions, such as how culture affects legal norms of the "European Pioneers'
- 47Montesquieu (1689-1755)- was a parliamentarian, challenged the notion of natural laws, he saw legal structures as specific to a society's culture. "law must fit within it's surroundings.
- 48Herbert Spencer (1820-1903)- he was influenced by Charles Darwin so he was known as a socialist "Darwin". coined the phrase "survival of the fittest" he enforced forms of public intervention aka welfare, public education. he believed laws should uphold individual rights and the right to private property.
- 49Henry Sumner Maine (1822-1888)was the first to emphasize the study of law through history. he say the steady of growth of the rights of individuals over the rights of the family, or youth, group throughout history.
- 50Karl Marx (1818-1883)studied the law and literature at German University. focused on the economic structure of societies.
- 51Emile Durkheim- a consensus theorist. viewed law as measure of the type of solidarity found in society.
- 52Mechanical Solidarityprimitive, simple division of labor, traditional
- 53Organic Solidaritymodern, complex division of labor, diversity, industrial
- 54Repressive Lawpenal law, punishments is the main goal
- 55Resitutive Law"restorative justice" , the law is highly specialized.
- 56Sociologist Theoristschools of thought within jurisprudence that argues that law cannot be understood without the regard for the realities of social life.
- 57Albert Dicey (1835-1922)came from a wealthy background, known for his doctrine of the "Rule of Law"
- 58Dicey's rule of lawthe rule of law means total subjections of all classes to the law of he land, as administrative to the courts
- 59Oliver Holmesattended Harvard Law School. one of the founders of LEGAL REALISM school of thought.
- 60E. Adamson Hoebelinfluential in the field of anthropology in his book he noted that there is no straight line of development in the growth of law unlike Durkheim.
- 61Roberto Ungerone of Obama's professors. wrote the law of modern society where he uses weber's theories. his main thesis is that the devolpment of the rule of law can only take place when competing groups struggle for social control of the legal system.
- 62Functionalist approachDurkheims work
- 63critical legal studies movementinfluenced by Marxism and legal realism
- 64Feminist Legal Theoryincludes any theories concerned with gender inequality and discrimination, domestic violence, sexual harassment and rape.
- 65Critical Race Theoryconcerned with question s of racial discrimination, oppression, difference, and inequality
- 66The Courtsprocess disputes or conflicts of contrary claims or rights.
- 67adjudicationwhen the court renders a verdict in a civil or criminal case as to the defendants guilt or innocence.
- 683 Dispute categories1. private
2. public-initiated
3. public defendant - 69Private Disputesex: husband wife
two business owners
two people involved in a car accident - 70public- initiated disputesshe the government seeks to enforce norms of conduct or punish those who breach the norms
criminal cases
any criminal trial you can think of (Aaron Hernandez trial) - 71Public Defendant Disputesthe government participates as a defendant. (ex: civil movement's challenge)
- 72State Juridical Systemno two alike, each is made up of a patchwork of changes to accommodate the needs of the state as they go along.
- 73Trial Courtwhere most civil and criminal cases are heard.
- 74Intermediate Court of Appealsif the loser in the trial wants to appeal, this is the next step
- 75State Supreme Courtthe court of the last resort at the state level, reviews the cases decide by the lower appeals courts.
- 76Federal Judicial Systemdeals with questions involving the constitution, dealing with racial or sexual discrimination.
- 77US Supreme Court- 9 justices
- 13 circuit courts; 3 judges in each
- 94 district courts- approax. 650 judges - 78Trial Courtsenforce laws on a case by case case basis by applying relevant legal rules to the facts of the case.
- 79Appellate Courtsthe party that loses the trial has the right to appeal the trial courts decision
- 80Litigantsthose involved in the dispute, can be organizations, individuals, agencies, businesses
- 81Lawyershighly trained professionals who transform complaints into legal disputes.
- 82Judges- were once lawyers
- hold a lot of status and prestige in society
- interpret the rules that go in the court proceedings - 83Juriesto tell the truth under oath.
- criminal trials tend to use juries more than civil cases - 84Voire Direto see and tell the truth; the jury selection process
- 85scientific jury selection consists of 3 steps1. a ramdom sample is drawn from the population and the demographic profile of that sample is compared to that of prospective jurors.
2. after establishment, jurors represent the population at large, additional & characteristics is favorable. - 86scientific jury selection #3after the demographic profile of a favorable juror is established the social scientist can make recommendations to the client.
- 87Litigation Sciences100+ sociologists, psychologists, marketers, and others.
- 88Flow of litigationthe flow of litigation differs for criminal and civil cases
- 89Civil Casesa dispute arches the court when it is filed by the plaintiff's attorney. flexiability in choosing a court based on known factors.
- 90Legislaturesa collection of individuals who are elected as members of the forma parliamentarian bodies prescribed by national and state constitutions. ex: merrimack's college faculty.
- 91Administrative Agencieshaven't been closely studied by sociologists , perform social control functions through regulations.
- 92Law enforcement agenciesthe police functions to enforce laws, maintain order and provide community service.
- 93Police Discertionpower police officials use on the so called "front lines" is apart of their daily routines. determine what issues and violations need attention.
- 94"zero tolerance"a policy of mandatory punishment for given offenses w/o regard to the circumstances of the individual. started w/ Gun free school act of 1944. (push button justice)
- 95juvenile system- focus on rehabilitation rather than punishment
- first juvenile court was established in 1899 in Chicago.
- by 1925 46 states & DC had separated courts for juveniles. - 96school to prison pipelinestudents being arrested for what used to be considered normal adolescent misbehavior & being dealt w/ school authorities w/ the police involved.
- 97Hillary Transcuewas sent to a youth camp for creating a myspace parody at the age of 15.
- 98judge ciaverallajudge of the juvenile court and went about his own rules and did the exact opposite of what the laws required.
- 99Jessica Van Reethsent to a 3 month treatment camp in 2007 after she pleaded guilty to possessing a pipe and a lighter at school
- 100conahana former judge, used his budgetary disccretion to stop funding the county public youth detention facility, and agreed to send teens to a new facility so he could get money.
- 101Robert Powell, Zappala, and Mericleowned and operated detention centers for juveniles, they were in fear of ciaverella and conahan and gave them money to remain judges.
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- Karteikarten am Ohne Titel, erstellt von Naudia Mason am 24/02/2015.
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- Naudia Mason
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