Chapter 1 Flashcards
Law
the body of rules of specific conduct, prescribed by existing, legitimate authority, in a particular jurisdiction, and at a particular point in time
Social Control
efforts by society to regulate the behavior of its members
Dispute Resolution
the law is called upon to settle private disputes
Social Change
The process whereby ideas and practices are modified
Naming
to identify yourself as a victim
Blaming
Determining who is at fault
Claiming
Expressing a grievance
Substantive law
the body of law- law in the book
Procedural law
process of law- how law is applied- law in action
Common law
whatever is prevalent, traditional, or customary in a community
Civil Law
Codified rules to settle disputes between individuals
Criminal Law
the body of law that relates to crime
Administrative Law
regulations created by administrative agencies
Sociological Jurisprudence
Provided the foundation of “legal realism”
Legal realism
based on the idea that law is just one of many institutions in society and that it is shaped by social forces
Disputant
Someone who is involved in an argument or debate
Conflict stage
the stage where the victims confront the party they believe is the cause of the victimization
Dispute stage
when the dispute is fully evolved and made public
Grievance stage (or pre-conflict stage)
The stage where the person or groups perceive that they have been involved in an unfair situation
Law in action (Procedural law)
pertains to how the law is applied
Law in books (Substantive law)
what the law says, basically the compilation of local, state or federal law created by legislators.
Preponderance of evidence
in a civil case, the plaintiff must prove that the defendant was negligent by more than 50%
Beyond reasonable doubt
in a crimical case, the evidence that is almost an absolute certainty that a person did commit a crime
Judicial activism
philosophy that the courts should take an active role in solving problems
critical legal studies
a movement that believes that we must recognize that the law is subjective rather than objective
Feminist legal studies
view that women use a different type of logic than men when interpreting the law, favoring less litigation and more mediation
Process of law
law in action (procedural law)
