Chapter 1 Flashcards

1
Q

Law

A

the body of rules of specific conduct, prescribed by existing, legitimate authority, in a particular jurisdiction, and at a particular point in time

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2
Q

Social Control

A

efforts by society to regulate the behavior of its members

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3
Q

Dispute Resolution

A

the law is called upon to settle private disputes

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4
Q

Social Change

A

The process whereby ideas and practices are modified

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5
Q

Naming

A

to identify yourself as a victim

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6
Q

Blaming

A

Determining who is at fault

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7
Q

Claiming

A

Expressing a grievance

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8
Q

Substantive law

A

the body of law- law in the book

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9
Q

Procedural law

A

process of law- how law is applied- law in action

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10
Q

Common law

A

whatever is prevalent, traditional, or customary in a community

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11
Q

Civil Law

A

Codified rules to settle disputes between individuals

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12
Q

Criminal Law

A

the body of law that relates to crime

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13
Q

Administrative Law

A

regulations created by administrative agencies

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14
Q

Sociological Jurisprudence

A

Provided the foundation of “legal realism”

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14
Q

Legal realism

A

based on the idea that law is just one of many institutions in society and that it is shaped by social forces

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14
Q

Disputant

A

Someone who is involved in an argument or debate

15
Q

Conflict stage

A

the stage where the victims confront the party they believe is the cause of the victimization

16
Q

Dispute stage

A

when the dispute is fully evolved and made public

17
Q

Grievance stage (or pre-conflict stage)

A

The stage where the person or groups perceive that they have been involved in an unfair situation

18
Q

Law in action (Procedural law)

A

pertains to how the law is applied

19
Q

Law in books (Substantive law)

A

what the law says, basically the compilation of local, state or federal law created by legislators.

20
Q

Preponderance of evidence

A

in a civil case, the plaintiff must prove that the defendant was negligent by more than 50%

21
Q

Beyond reasonable doubt

A

in a crimical case, the evidence that is almost an absolute certainty that a person did commit a crime

22
Q

Judicial activism

A

philosophy that the courts should take an active role in solving problems

23
Q

critical legal studies

A

a movement that believes that we must recognize that the law is subjective rather than objective

24
Q

Feminist legal studies

A

view that women use a different type of logic than men when interpreting the law, favoring less litigation and more mediation

25
Q

Process of law

A

law in action (procedural law)