Chapter 1

Question 1

What is Law?

Answer 1

Laws are created by legislature, provide rules to guide conduct, and are means of resolving disputes while maintaining order through courts.

Question 2

What is the code of Hammurabi?

Answer 2

1st ever legal codes

Question 3

Consensus Theory

Answer 3

Keeping each other in line and we all want the same thing!
-Society is structured to maintain stability and functions to maintain social order and the system of a whole. Shared values and cooperation.

Question 4

Conflict Theory

Answer 4

Views society as a group of different individuals who have different interests. Because people have different interest and want to maximize those interests it causes conflict with others. (Hierarchy).

Question 5

Relationship of Law to Justice

Answer 5

Law can be in accordance with Justice, but it can also be the furthest thing from it. Law is accordance with justice when respects, cultivates, and protects the dignity of the person living beneath it. When it does not protect the person beneath it violates justice.

Question 6

Rule of Law

Answer 6

1. ) requires a nation to recognize the supremacy of fundamental values and principles
2. ) The values and principles must be committed in writing
3. ) System of procedures hold the gov’t to the principles and values

Question 7

Crime Control Model

Answer 7

Controlling crime is the most important function of the CJC system. The primary function of the system is to control crime by apprehending, convicting, and punishing those violating the law.

- Viewed as an assembly line  
- Very fast process In n Out real quick, cost effective 
- Goal- is to get a guilty plea and move on otherwise it goes to trial 
- Emphasis efficiency and finality through informal, nonadjudicatory procedures. 
- However, can be unfair because someone who is not guilty may plea guilty to something they did not do to avoid going to trial.

Question 8

Due Process Model

Answer 8

A metaphoric obstacle course protecting the rights of citizens through reliable, formal, adversarial procedures to prove legal guilt

• Procedural model due to all persons facing life, liberty, or property at the hands of the state
• Ensures that people are treated justly by the state
• Protects defendants rights (Bill of Rights)
• Very cost effective, long process

Question 9

Judicial Functions

Answer 9

1. ) Courts settle disputes by providing a forum for obtaining justice and resolving disputes through legal rules and principles
2. ) Courts make public policy decisions
3. ) Courts serve to clarify the law through interpretation of statutes and the application of general principles to specific patterns

Question 10

Common Law/Judge Made Law

Answer 10

Laws created by judges as they heard cases and settled disputes

Question 11

Precedent

Answer 11

Decisions of another court or judge that the judge trying the case will rely upon as justification for the current case

Question 12

Stare Decisis

Answer 12

“let the decision stand” Refers to looking in the past for a precedent and deferring to them. Meaning that the court will not overturn a past decision on a legal issue unless there is a good reason for doing so.

Question 13

Adjudication

Answer 13

Process defendants who have been arrested by the police and charged with a criminal offense

Question 14

Oversight

Answer 14

Particularly in appellate courts, a process that reviews the decisions of lower courts and CJC officials to ensure that proper procedures were followed and that neither laws nor constitutional provisions were violated