Chapter 1 Flashcards
Why is the question “What is Law?” considered difficult to answer?
Because the concept of law is abstract and not universally agreed upon.
What are the three primary purposes of the “rule of law” as described in the provided material?
Protection against anarchy, allowing people to plan their affairs with legal certainty, and guarantee against official arbitrariness
Which of the following statements best encapsulates the definition of justice as it is understood in the U.S. legal system?
Justice is the equal economic, political, and social opportunities for all citizens
Which of the following best describes the distinction between the terms “liberty” and “freedom” according to the material?
Liberty is a term primarily associated with politics and government, while freedom is often used more generally in a wide range of topics and disciplines.
According to the Fourteenth Amendment, what is the definition and purpose of the Equal Protection Clause
It ensured the government provides the same rights and protections to every citizen, making it unconstitutional for states to pass laws or take actions that are discriminatory.
What are the two major ways that the U.S. Constitution promoted judicial independence?
- It grants all federal judges lifetime appointments
- Ensured that their compensation cannot be reduced during their tenure
These protections help an independent judiciary to decide cases free from popular passion and political influence
What does the textbook adopt as the definition of law?
Law, “in its generic sense, is [the] rules of action or conduct prescribed by controlling authority, and having binding legal force.”
What role does the judicial branch play in the context of majority rule and minority rights?
The judicial branch often acts on behalf of minorities , potentially protecting them from the tyranny of the majority while remaining bound by the laws of the majority.
According to the American Bar Association’s Model Code of Judicial Conduct, what is required of judges to ensure impartiality?
Judges should avoid even the “impression that any person or organization is in a position to influence the judge.”
How is the legal system defined in the this textbook?
As the process of making, enforcing and adjudicating laws.
Impartial judiciary
Courts that are neutral in their process and decision-making
Mixed or pluralistic law
Mixed law consists of elements of some or all of the other main types of legal systems
Common Law
A legal system in which the principle source of law is judicial decisions, known as case law
Rule of Law
Principle all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles.
Civil Law
A legal system in which the principle source of law is legislation
